The Supreme Court on Monday agreed to examine “whether a simpliciter declaration that the Emergency of 1975 was unconstitutional would be feasible or desirable after a passage of 45 years” after a 94-year-old woman said she and her entire family suffered untold hardships, including the death of her husband, during the dark days.

Initially reluctant to entertain the petition, a bench headed by Justice Sanjay Kishan Kaul issued a notice to the Centre on the petition filed by Veera Sarin through advocate Neela Gokhale. The bench includes Justices Dinesh Maheshwari and Hrishikesh Roy.

Senior advocate Harish Salve, appearing for the woman, told the bench that the issue raised in the petition was a “matter of considerable importance” and contended that when the principles of abuse of constitutional power can apply to the removal of state governments and presidential proclamations, the same yardstick should also cover the issues of rights of citizens.

“We rely on the Shah Commission report prima facie to say that the declaration of the Emergency was an abuse of power…. It’s important to look into this that if a situation like this ever arises, then a court can and will can look at it,” Salve submitted.

Justice Kaul asked the senior counsel: “But after 45 years, is it proper to go into this issue...?”

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

The bench said: “…We are finding it difficult to go into this. The Emergency was an abuse and something happened which ought not to have happened….”

The senior counsel said the petitioner wanted a declaration that the Emergency was unconstitutional.

“We can’t keep digging on these issues. Persons are gone today…,” Justice Kaul said.

However, Salve contended that today, war crime complaints are considered and 90-year-olds hauled up for crimes.

The bench asked what purpose it would serve, to which Salve said it is a matter of constitutional debate, and principles must be laid down.

The court then dictated the following order: “We have heard learned senior counsel Shri Harish Salve on the subject matter with some trepidation, more so arising due to passage of time. It is his submission that the wrongs of history must be set right.

“We would be disinclined to open all such aspects as there may have been wrongs done to persons but with the passage of almost 45 years, it would not be appropriate to re-open those issues. We would, however, be not disinclined to see whether a simpliciter declaration, something which is feasible or desirable after a passage of time and issue, restricted to that aspect….”

The bench then adjourned the matter.

In her petition, Sarin said her family had a flourishing business in gold artefacts and gems at Karol Bagh as well as at KG Marg in New Delhi. During the Emergency, their immovable property was seized. Movable property of artefacts, gems, carpets, paintings, tusks, statues, and ivory worth crores of rupees were also seized and there has been no restitution till date.

She and her husband were forced 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”. His business was shut down and the assets were seized. Her husband succumbed to the pressure and died, the petition said. In 2014, it said, Delhi High Court had quashed the proceedings against her husband.