New Delhi: The Supreme Court on Monday said it would hear a petition filed by a 94-year-old woman seeking to declare the Emergency Declaration in 1975 as “completely unconstitutional”.
The petition, which sought a compensation of Rs 25 crore from officials who were actively involved in “unconstitutional acts”, came before a bench headed by Justice Sanjay Kishan Kaul.
The bench, comprising justices Dinesh Maheshwari and Hrishikesh Roy, announced the matter on December 14.
Petitioner Veera Sarin, in her plea, stated that she and her husband were “victims of the atrocities committed by then-government officials and others,” which was announced before midnight on June 25, 1975.
In March 1977, the declaration was abolished.
“The petitioner seeks a peaceful closure of what is notorious as an ’emergency’ with a genuine desire to end the anti-democratic nightmare.
Sarin said that she and her husband, who had flourished in the gold arts industry in Delhi at the time, were forced to leave the country for fear of being thrown into jail without any justifiable reason. ”
The petition stated that the petitioner’s husband died and had to face legal action against him during an emergency.
“Applicants have so far experienced the ordeal of disaster and devastation. The petitioner and his family have been driven from post to post to defend their rights and restore their assets for the past 35 years,” the appeal said.
At the time, the petitioner said she was “alienated from her relatives and friends” because of illegal actions against her husband, and now she is “trying to cover up the trauma of a lifetime that still resonates in her mind.”
Even now, movable assets, including jewelry, artifacts, paintings, sculptures and other valuables, have not been restored to her family and she is entitled to seek compensation for acts committed by the concerned authorities.
The petition was cited in the December 2014 order passed by the Delhi High Court, which stated that actions initiated under an ordinance against the husband of the applicant have lost any jurisdiction.
In July of this year, the High Court passed the order, in which the government offered partial compensation for “illegal acquisition of her immovable assets.”


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