The Supreme Court has admitted that a 1976 verdict by it endorsing Emergency had violated fundamental rights of a large number of people in the country.
A majority decision of a five-member Constitution bench upholding the suspension of fundamental rights during Emergency.
"The majority opinion was that in view of the Presidential order dated 27.6.1975 under Article 359(1) of the Constitution, no person has the locus standi to move any writ petition under Article 226 before a high court for Habeas Corpus or any other writ to enforce any right to personal liberty of a person detained under the then law of preventive detention (MISA) on the ground that the order is illegal or malafide or not in compliance with the Act," Justice Ganguly wrote in the judgment. — PTI
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