Advani compares the Emergency to Germany`s Nazi rule

Senior BJP leader L K Advani on Sunday compared days of the Emergency in the country to the infamous Nazi rule in Germany under Adolf Hitler during which lakhs of jews were killed.

Updated: Jan 02, 2011, 21:38 PM IST

New Delhi: Senior BJP leader L K Advani on Sunday compared days of the Emergency in the country to the
infamous Nazi rule in Germany under Adolf Hitler during which
lakhs of jews were killed.

Advani headlined his latest blog posting, "Emergency of
1975 akin to Nazi rule".

Though he has not explained on his blog why he chose to
use the term, he quotes Justice H R Khanna, the only
dissenting Supreme Court judge, who had used it in the case
where the Government of India had appealed against a high
court judgement in favour of those detained during the
Emergency under MISA (Maintenance of Internal Security Act).

"It has been argued that suspending the right of a person
to move any Court for the enforcement of right to life and
personal liberty is done under a constitutional provision and
therefore it cannot be said that the resulting situation would
mean the absence of the rule of law.....

".....In one sense, it might in that event be argued that
even if lives of hundreds of persons are taken capriciously
and maliciously without the authority of law, it is
enforcement of the above enacted law. Thus, in a purely formal
sense, any system or norm based on a hierarchy of orders, even
the organized mass murders of Nazi regime can qualify as law,"
Justice H R Khanna said his judgement.

He was referring to Article 21 of the Constitution which
guarantees right not only to personal liberty but also to
life.

Advani states in his blog that 1,10,806 persons were
detained during the Emergency.

"Of these 34,988 were detained under the Maintenance of
Internal Security Act whereunder no grounds were to be given
to the prisoner," he said.

Several of those who were detained had filed Habeas
Corpus petitions in high courts which were challenged by the
government in Supreme Court, he said.

PTI