A plea has been filed in the Supreme Court of India under the ambit of article 32 in form of a writ petition that asserts that “the present petition is a plea for justice and restitution of life time spent in auto misery and anguish on account of atrocity suffered by petitioner her deceased husband and her family” .
The petitioner, a 94 your old window from Dehradun has moved to the Supreme Court of India seeking for declaration of emergency in 1975 as unconstitutional and also demanded for a compensation of 25 crores from the authorities who participated in the activities during the emergency period. Citing the 2017 judgement of KS Puttaswamy (Reed.) vs Union of India , which was further overruled in ADM Jabalpur v. Shivkant Shukla (1976), the petitioner mentioned that “his business was shut down, assets and valuable including immovable property was seized and appropriated.
The petitioner's husband succumbed to the pressure and died. Since then she has been single-handedly facing all the proceedings initiated against her husband during the emergency period, which were Arbitrarily pursued. The petition also stated that she and her husband were compelled to leave the country for fear of being thrown into jail, for no justifiable reason, on the whims and wishes of the government authority in a state where civil rights and liberties stood curbed. The petitioner’s son had also filed a writ petition bearing 10395 of 2019 for release of immovable properties in the Delhi High Court, which had contended that other valuable movable properties were siphoned away. Referring to the judgement of the Delhi High Court passed in December 2014 which ultimately squash the proceeding against the deceased husband of the petitioner, the plea that conveys that valuable worth crores of Rupees from the thriving business of a husband, which was seized, yet to be restituted. Consequently the petitioner has just sought for the ultimatum as for the fulfillment of simple desires to achieve closer to her trauma that she has faced and just received a simple acknowledgement of his sufferings.