Thread by @barandbench

Forty-five years after the Government of India proclaimed national emergency and forty-three years after it was lifted, #SupremeCourt to shortly hear a plea by a 94-year-old to declare the same as unconstitutional and also seeking compensation to tune of Rs. 25 crore.
#emergency

Senior Advocate Harish Salve is expected to appear in the matter today on behalf of the petitioner, Vera Sarin.
#HarishSalve
#SupremeCourt

Hearing begins.

Senior Advocate Harish Salve: raises a matter of concern. Pot Bommai, a proposition of constitutional fraud was developed. If that Principle can apply for removal of state governments or set aside presidential promulgations. Why cannot it extend here?

Salve: relying on the Shah commission report, the proclamation was a constitutional abuse of power. The lady is 94..

Justice Kaul: something has happened in the history.. after 45 years to go into the issue

Salve: perhaps it's right time. After 45 years you have reversed a judgment too. Abuse of power in history needs correction. What relief you give is another matter. Once this country must know fundamental rights were put in jackboot

Salve: There are certain things in history which we have to revisit and see if correct thing was done. This is one such issue.

Justice Kaul: we are finding it difficult to entertain this. What is not to happen , happened.

Salve: it was a gross abuse of power. People were detained under COFEPOSA for 19 months.

Salve: War crimes issues are still heard. Gender sensitive maters are still heard. Rights of nascent democracy was abused for 19 months. History does not correct but repeat itself.

Kaul: can we really say powers invoked under constitution is illegal?

Salve: it was a fraud on the constitution. Such an advanced constitutional court needs to be addressed. We must have this decided by this court. I feel very strongly for this. This is not a matter for political debate. Didnt we see whar happened to prisoners during emergency.

Salve: Post world war people are raising issues of holocaust now. For us, we say emergency and we are still there around ... The petitioner is not a political person

Justice Kaul: But the facts of the case

Salve: the petitioner is just a person who have been wronged

Salve: we know what happened then. Home to home identification took place. Your lordship must pronounce an order and say that the proclamation of emergency was incorrect.

Orders: This plea arises from the passage of time. It is Mr Salves submission that prayer a survives and wrongs of history must be corrected. We asked Mr Salve whether the petitioner is seeking other reliefs too. Save informs wrongs on petitioner is not the main issue

Orders: We would be disinclined to reopen such aspects. After 45 years it may not be appropriate to reopen those issues. .

Orders: We would however be not 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

[BREAKING] Supreme Court agrees to examine whether it can go into validity of 1975 proclamation of national emergency, issues notice to Centre

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