Jhansi based advocate files PIL challenging ‘Samvidhan Hatya Diwas’ in Allahabad HC

A PIL has been filed in Allahabad High Court challenging the Union Government’s notification issued on July 13, declaring June 25 as ‘Samvidhaan Hatya Diwas’ or constitutional murder day.

Jhansi-based practising advocate Santosh Singh Dohrey filed the plea through Advocate Braj Mohan Singh challenging the government of India’s notification issued through the Ministry of Home Affairs, contending that the impugned notification violates the provisions of the Prevention of Insults to National Honour Act, 1971.

It claimed that the language used in the notification is insulting and offensive to the constitution of India as per section 2 of the aforementioned Act.

“the language in the impugned notification is insulting and offending to the Constitution of India because the parliament, as per section 2 of the Prevention of Insults to National Honour Act, 1971, has declared whoever whether by word, either spoken or written shows disrespect to the Constitution/ संविधान is an offence…Constitution is our National Honour as per the Act, 1971, and so using the word संविधान with हत्या, is an insult to the Constitution of India committed by the respondents,” the PIL plea stated.

The petition also argued the rationale behind such a decision saying that the government was wrong in declaring June 25 as constitutional murder day because the provisions of the Proclamation of Emergency were as per the constitution which is also a living document “which can never die nor anybody can be permitted to destroy it”.

Lastly, it questions the joint secretary G Parthasarathi’s power to issue such a notification.

The high court has issued a notice to the union home ministry seeking its response to PIL and listed the matter for hearing on July 31.

Written by Shagun Behal