Delhi HC seeks Centre’s reply concerning matter declaring 1975 Emergency unconstitutional

Tanvi Sinha

The Delhi High Court on 11th January 2021 asked the centre for a response concerning a case of property starting from during the Emergency. The case was heard by a single-judge bench of Justice Manoj Kumar Ohnri regarding a petition filed Rajiv Sarin, Deepak Sarin and Radhika Sarin who happen to be the children of the 94-year-old, Vera Sarin (represented by Harish Salve), who had earlier on December 2020, moved the Supreme court in a plea to declare the emergency unconstitutional.

The petitioners are being represented by Advocate Siddhant Kumar.

This petition was filed in relations to a property in Ansal Bhawan, Kasturba Gandhi Marg, which was taken by the Centre in 1975 during petition and had resulted in a preventive detention of the petitioners’ father.

Their property had been taken by the government via the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, used against their father by the Delhi Govt. during emergency, after countless litigation fights from the side of the party the case was closed in 2016.

The plaintiffs are now making a case based on this incident and are asking for around two crores in damages for the property, the court is set to hear the matter on April 26th.

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