Friday, June 2, 2023

Supreme Court defers plea of 94-year-old woman seeking to declare 1975 Emergency as unconstitutional

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The Supreme Court said on Monday that a petition filed by a 94-year-old woman to declare the 1975 imposition of Emergency in the country as completely unconstitutional, will be heard next week.

The petition was listed for hearing on Monday before a bench of Justice Sanjay Kishan Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy. The bench has listed the matter for December 14.

In the petition, a compensation of Rs 25 crore has been demanded from those who played an active role in this unconstitutional act. Petitioner Veera Sarin claimed that she and her husband were victims of excesses of the then government authorities and others during the Emergency, which was implemented a few minutes before midnight on June 25, 1975. The Emergency in the country ended in March 1977.

Sarin said in the petition that her husband had a business of Delhi gold artifacts at that time but had to leave the country due to fear of being put in jail on the order of the government authorities. According to the petition, the petitioner’s husband later died and had to face legal proceedings initiated against him during the Emergency. They are still suffering the pain of Emergency and the devastation caused during that time.

Moreover, her family had to wander for 35 years for rights over their rights and property. At that time, the relatives and friends of the petitioner also turned their backs as illegal proceedings were initiated against her husband and now she wants to stop this mental depression in her lifetime, which is still shaking her mind.

The petition alleged that till now her jewelery, artefacts, paintings, sculptures and other valuable movable assets have not been handed over to her family and for this she is entitled for compensation from the concerned authorities.

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The petitioner also mentions the December 2014 order of the Delhi High Court stating that the action taken against the husband of the petitioner was beyond any jurisdiction. The petition claimed that in July this year the High Court passed an order granting partial compensation to the government for taking illegal possession of their immovable properties.

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