SC To Examine Whether It Can Go Into Validity Of Proclamation Of National Emergency In 1975

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New Delhi: The Supreme Court on Monday agreed to examine whether it can go into the Constitutional validity of the national emergency proclaimed in 1975 by then-Prime Minister Indira Gandhi, reported Bar and Bench.

A plea was filed by 94-year-old Vera Sarin, seeking that the presidential notification proclaiming 1975 national emergency be declared as unconstitutional and also praying for damages of Rs 25 crore.

Sarin claimed that she and her husband had been compelled to leave the country for fear of being thrown into jail, “in pursuance of unjustifiable and arbitrary detention orders issued against her husband.”

A three-member bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy on Monday issued a notice to the Central government stating that it will hear the plea just on the aspect of whether the validity of such proclamation, 45 years ago, can be probed by the Court after “such a long time.”

“We would not be disinclined to see whether probing such a proclamation after such a long time would be feasible or not. We issue notice on prayer (A). Learned senior counsel may restructure the petition. Leave to amend the petition by December 18,” the Court said.

Senior advocate Harish Salve appeared for the petitioner and argued that the Court is empowered to examine the validity of the proclamation of emergency.

“War crimes issues are still heard. Post World War people are raising issues of holocaust now. It (national emergency) was a fraud on the constitution. We must have this decided by this court. I feel very strongly for this. This is not a matter for political debate. Didn’t we see what happened to prisoners during emergency,” Salve said.

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