A PIL before the Allahabad High Court challenges the notification of ‘Samvidhaan Hatya Diwas’, claiming it was issued without proper authority and uses language that insults and offends the Constitution.
Prayagraj: An advocate from Jhansi, Uttar Pradesh, filed a petition in the Allahabad High Court challenging the Central Government‘s recent notification that declares June 25 as ‘Samvidhaan Hatya Diwas‘ or Constitution Murder Day.
This day intended to honour those who suffered and fought against the Emergency imposed in 1975.
The PIL, filed by lawyer Santosh Kumar Dohrey through advocate Braj Mohan Singh on Monday, brought before the division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar.
Singh informed that the Union Home Ministry issued a notice to respond to the PIL.
The hearing for this matter scheduled for July 31.
In the PIL, Dohrey contends that the notification issued by a Joint Secretary of the Ministry of Home Affairs contains language that is both insulting and offensive to the Constitution of India.
The PIL contends that the contested notification issued by the Central Government contravenes the provisions of the Constitution of India and infringes upon the Prevention of Insults to National Honour Act, 1971.
The petition alleges that the official issued the notification to appease their political superiors and secure their influential position within the administration by currying favour with the political leadership of the Union of India.
The public interest litigation (PIL) petition further contends that all executive actions of the respondent must be expressed in the name of the President of India, as mandated by Article 77 of the Constitution of India.
Dohrey argues that since the Emergency proclaimed under the constitutional provisions, the Central Government lacks the authority to issue a notification labelling it as ‘Constitution Murder Day’. The petition emphasizes that the Constitution a living document, inherently resilient, and cannot be declared dead or destroyed.
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Furthermore, Dohrey questions the authority of the Joint Secretary to issue such a notification. He highlights that the notification fails to disclose the legal or regulatory basis under which it was issued, raising concerns about its legitimacy.
This argument challenges the procedural and legal grounds of the notification, questioning the jurisdiction and power of the Joint Secretary to make such a declaration.