Allahabad Court Verdict June 12 1975 The Allahabad

Allahabad Court Verdict June 12, 1975 ØThe Allahabad High Court found Indira Gandhi guilty of electoral malpractices. ØThe verdict delivered by Justice Jagmohanlal Sinha ØShe declared national Emergency on June 26, announcing on AIR Ø"deep and widespread conspiracy which has been brewing ever since I began to introduce certain progressive measures of benefit to the common man and woman of India".

• Thousands, including Opposition firebrands like Jayaprakash Narayan, George Fernandes, Atal Bihari Vajpayee, were held under MISA (the Maintenance of Internal Security Act) Background of the Case: • Indira Gandhi had won the 1971 Lok Sabha election from Rae Bareli Lok Sabha seat in Uttar Pradesh convincingly defeating socialist leader Raj Narain • Raj Narain challenged her election alleging electoral malpractices and violation of the Representation of the People Act, 1951. • It was alleged that her election agent Yashpal Kapoor was a government servant and that she used government officials for personal election related work. • While convicting Indira Gandhi of electoral malpractices, Justice Sinha disqualified her from Parliament and imposed a six-year ban on her holding any elected post.

Verdict ü Indira Gandhi was convicted of electoral malpractices ü Justice Sinha disqualified her from Parliament and imposed a six-year ban on her holding any elected post. ü “The respondent no. I (Indira Gandhi) was thus guilty of a corrupt practice under section 123(7) of the Act. . . accordingly stands disqualified for a period of six years from the date of this order. . . , ” ü Justice Sinha pronounced to a stunned Indira Gandhi who was present in person in the court. ü But on an appeal filed by Indira Gandhi, Justice VR Krishna Iyer – a vacation judge of the Supreme Court - on June 24, 1975 granted a conditional stay on Justice Sinha’s verdict allowing her to continue as Prime Minister. ü However, she was debarred from taking part in parliamentary proceedings and draw salary as an MP. • Interestingly, the very next day she imposed the Emergency suspending all fundamental rights, putting opposition leaders in jails and imposing censorship on the media. • While the Emergency was in force, the Supreme Court later overturned her conviction on November 7, 1975.