Delhi High Court rejects Plea challenging ‘Samvidhan Hatya Diwas’
Last Updated on July 26, 2024 by News Desk
Delhi High Court on Friday rejected the public interest litigation (PIL) which challenged the central government’s decision of declaring 25 June as ‘Samvidhaan Hatya Diwas’.
The government through the home ministry issued a notification on July 13, 2024, declaring ‘June 25’ as Samvidhan Hatya Diwas or constitution murder day, in honour of those who suffered and fought against the National Emergency imposed in 1975 by the Government of India.
As per the bar and bench report, the Person named Samir Malik filed a plea in the Delhi high court challenging the same notification contending that the emergency proclamation was as per the constitution of India i.e. under article 352. Thus it could not be said as the murder of the constitution. It was further claimed that the language used in the notification was derogatory and insulting to the constitution of India.
However, The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela disagreed with the arguments. It contended that the Central government’s decision was against the “abuse of power and misuse of constitutional provisions and excesses that followed it.“
“The notification does not violate the Constitution or disrespect it,” the Court said.
The court also remarked “Politicians use the phrase murder of democracy all the time. We are not inclined. It’s [the PIL] not worth it,“
Thus, the court dismissed the petition.
It is to be noted that a similar petition has also been filed in Allahabad High Court for which the matter has been listed for hearing on July 31.
Written by Shagun Behal
