Delhi HC junks PIL challenging notification designating June 25 as "Samvidhan Hatya Divas"
Jul 26, 2024
New Delhi [India], July 26 : The Delhi High Court dismissed a Public Interest Litigation challenging the Centre's notification designating June 25 as "Samvidhan Hatya Divas" (Constitutional Murder Day) on Friday.
The bench, led by Acting Chief Justice Manmohan and comprising Justice Tushar Rao Gedela, while passing the order, observed that the notification does not infringe upon the Constitution or show any disrespect towards it.
Phrases such as "murder of democracy" and "mother of democracy" are frequently used by politicians.
The court indicated that these terms do not influence their decision in this case and said that they are not inclined to be swayed by such political rhetoric.
The petitioner Sameer Malik's plea stated that the impugned notification dated July 12, 2024, whereby the Government declared to celebrate the day of 25th June as Samvidhan Hatya Diwas which is directly violated the provisions of the Constitution of India and directly hits the provisions of Prevention of Insults to National Honour Act, 1971.
Advocate Ankit Borker, appeared for Petitioner and sought direction to set aside and quash the Notification issued by the Joint Secretary Ministry of Home Government of India New Delhi published in the Gazette of India as it is ultra vires to the constitution and unconstitutional.
Advocates Alok Singh and Samridh A. Sharma also appeared for the Petitioner, in the matter.
It is highly objectionable and offending to declare the day of 25th June for celebrating as Samvidhan Hatya Divas, the word Samvidhan cannot be permitted to be used with the word 'Hatya' declared by the respondents through impugned Notification, stated the plea.
Plea added that the emergency declared on 25.06.1975 was proclaimed as per Article 352 of the Constitution of India and the proclamation of emergency was also revoked under Article 352 (2) of the Constitution of India.
Thus the proclamation of emergency was under the provision of the Constitution and therefore it cannot be declared by the respondents to celebrate the day of 25th June in the name of "Samvidhan Hatya Divas" because the Constitution is a living document that can never die nor can anybody can be permitted to destroy it.
