Plea in Supreme Court by nonagenarian to declare 1975 national emergency "unconstitutional"; Harish Salve to appear

Forty-five years after the Government of India proclaimed national emergency and forty-three years after it was lifted, a plea has been filed before the Supreme Court by a 94-year-old to declare the same as unconstitutional and also seeking compensation to tune of Rs. 25 crore. .Senior Advocate Harish Salve is expected to appear in the matter on behalf of the petitioner, Vera Sarin..The plea states that Sarin and her husband were compelled to leave the country for fear of being thrown into jail, "in pursuance of unjustifiable and arbitrary detention orders issued against the Petitioner’s husband."In the petition filed through advocate Anannya Ghosh, it has been submitted that her late husband was "framed under" Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA)..Before the emergency, her deceased husband had a flourishing business of gold arts, gems, artefacts etc. at Karol Bagh as well as at KG Marg, New Delhi. "Their immovable property came to be seized, the movable property consisting of artefacts, gems, carpets, paintings, tusks, statues, ivory worth crores of rupees were also seized and there has been no restitution of the same till date," the petitioner has claimed. .After the husband of the petitioner died in 2000, the petitioner has been single-handedly facing all legal proceedings initiated against her husband during the emergency period, the petitioner submits. ."On many occasions, there used to be knocks on her door (and) policemen and other officials used to enter her home and used to leave her alone only after she offered them leftover pieces of valuables in her home," it has been alleged. .When the case came up for hearing before a Bench of Justices Sanjay Kishan Kaul and Dinesh Maheshwari on Monday, advocate Neela Gokhale appearing for the petitioner sought an adjournment stating that Senior Advocate Harish Salve will argue the case at the next hearing. .However, Justice Kaul did not prima facie see any merit in plea questioning the logic behind filing it after so many years."What kind of a writ petition is this after so many years. After 30, 35 years something. This petition.. what sense...anyways," remarked Justice Kaul while keeping the case for hearing on next Monday..After a July 2020 government order, Delhi High Court had directed payment of arrears of rent for the property at KG Marg, New Delhi to the Sarin and other legal heirs at a specified monthly rate since 1999..Further, the High Court had held in December 2014 that the proceedings under SAFEMA were initiated bereft of any jurisdiction and therefore a nullity.."The Petitioner at her advanced age has a simple desire to seek a closure to her trauma and an acknowledgment to her suffering and hence, is filing the present petition," the plea has contended. .[Read order]