Making of Darkest Days in Democracy
By Kishore Kulkarni
Whenever the pages of India's Post Independent history is read, one event which will be immortal for its nature and repercussions is undoubtedly the 'National Emergency of 1975'. Today, as of 2023 marks 48 years of proclamation of emergency. All of this began in 1971 general election and in constituency of Raebareli. The person who stood against Gandhi was the socialist Raj Narain. When the results was declared, Indira Gandhi had won. Narain, having lost the election filed an election petition in Allahabad High Court accusing Gandhi for electoral malpractice. It was said that the election were rigged and a special chemically treated ballot paper which already had congress logo, invisible at first, was used. The main counsel appearing for Narain was Shanti Bhushan, who later on became the Union Law Minister.
Bhushan's petition challenged Gandhi's Election on malpractice and violation of representation of people act, using government agent for personal election purpose. Bhushan within five weeks concluded arguments. Justice Sinha of Allahabad High Court had written the judgment by June 7th. Justice Sinha received a phone call from The chief justice of Allahabad, asking him to post pone the judgment till July, enraged by the phone call Justice Sinha told the CJ that the judgment cannot be postponed and he immediately order the registrar of the High Court to issue a notice that the judgment will be pronounced on June 12th.
On 12th of June 1975, Justice Sinha gave the verdict, convicting Gandhi for electoral malpractices and debarred her from holding the post.
Gandhi's Lawyers appealed in the Supreme Court, Justice Krishna Iyer ordered that Gandhi can attend Loksabha sittings but debarred from speaking, voting in the house, Basically Gandhi's Political power was taken, this was no less than humiliation.
Supreme Court granted interim stay of two weeks for Gandhi with above conditions. In between 14 days, on 25th June 1975, at the stroke of mid night hour, President Fakhruddin Ahmed on the grounds of Internal disturbance proclaimed Nation wide Emergency. By morning 6 A.M many prominent leaders were arrested without any valid reason.
Emergency continued for Twenty long months, elections after emergency was the result of Janata party coming in power with an historic defeat of Congress for the first time. Judges come and go but some write history to be immortal, Justice Sinha will be remembered in history for his service in the interest of Justice.
Comments
Post a Comment