1975 Emergency �wholly unconstitutional�? Supreme Court agrees to examine plea of 94-year-old woman

14-12-2020

The Supreme Court on Monday agreed to examine a petition, which had sought the declaration of the proclamation of Emergency in 1975 as �wholly unconstitutional�. The apex court has issued a notice to the Central government in this regard. The plea was filed by a 94-year-old woman, who has also sought a compensation of Rs 25 crores. A Supreme Court bench headed by Justice SK Kaul, meanwhile, asked the petitioner to amend her plea and resubmit it by Friday. The bench, which also comprised Dinesh Maheshwari and Hrishikesh Roy, said it would also examine whether it is feasible and desirable now after the lapse of 45 years to test the constitutional validity of Emergency of 1975.
The court said it is �disinclined� to open all those aspects of the Emergency wherein wrongs may have been done to persons, as it would be inappropriate to reopen those wounds after the passage of 45 years. The court, however, added that it was open to look into the aspect of a simpler declaration on the matter. Senior Supreme Court lawyer Harish Salve, appearing for the petitioner, reportedly said that there was a principle of constitutional fraud regarding the abuse of a position of power and the same can be applied when the rights of citizens are suspended. Salve stated that there was a need to look into certain events in history. Justice Kaul observed during the hearing that �something happened in 1975 which ought not to have happened�. Salve said the petitioner has moved the court as her husband was in detention during those 19 months. The court then observed that the persons involved are no longer alive. To which Salve replied that even German dictator Adolf Hitler is dead but �even today war crimes are considered and 90-year-olds are hauled up for their crimes�. Salve argued that fundamental rights were suspended during those 19 months and if history is not corrected, then it repeats itself. The abuse of power was so enormous that it scarred our country, he argued. The lawyer said that the petitioner would be happy even if just the proclamation of Emergency is declared unconstitutional.