Chief Justice Manmohan and Justice Tushar Rao Gedela stated that the July 13 notification did not challenge the emergency proclamation under Article 352 of the Constitution, but rather criticized the misuse of power and excesses that followed.
NEW DELHI: Today (26th July): The Delhi High Court dismissed a public interest litigation (PIL) challenging the Central government’s notification designating June 25 as Samvidhaan Hatya Divas. This day is meant to honor those who suffered and fought against the National Emergency imposed in 1975.
READ ALSO: PIL Challenges ‘Samvidhaan Hatya Diwas’ Notification| Allahabad High Court
Chief Justice Manmohan and Justice Tushar Rao Gedela stated that the July 13 notification did not challenge the emergency proclamation under Article 352 of the Constitution, but rather criticized the misuse of power and excesses that followed.
The Court emphasized that the notification does not breach or disrespect the Constitution.
The PIL, filed by Samir Malik, argued that the emergency was constitutionally proclaimed and thus could not be considered a violation of the Constitution. Malik contended that the government’s notification was derogatory.
Earlier, 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.
The Court, however, rejected this view, noting that politicians frequently use terms like “murder of democracy” without consequence.
The Bench concluded that the PIL was not substantial.
A similar case is also pending before the Allahabad High Court.
