Allahabad HC Seeks Centre's Response on PIL Challenging 'Samvidhan Hatya Diwas' Notification

Allahabad HC Seeks Centre's Response on PIL Challenging 'Samvidhan Hatya Diwas' Notification

The High Court of Allahabad has sought the response from the Centre in public interest litigation (PIL) that contests the Government notification dated July 13, 2024. This notification designates June 25—the anniversary of the Emergency declaration in 1975—as ‘Samvidhan Hatya Diwas’.

During the hearing of the PIL filed by Jhansi-based lawyer Santosh Singh Dohrey, a division bench consisting of Chief Justice Arun Bhansali and Justice Vikas Budhwar directed that July 31 be set as the next date for the case.

The central government’s counsel, who requested additional time to gather instructions, had their request granted by the Court. The PIL challenges the Centre's notification, published in the Gazette of India on July 13, which designates June 25 as ‘Samvidhan Hatya Diwas’ and seeks its quashing.

The gazette notification in question, issued on July 13, states that the Emergency was proclaimed on June 25, 1975, and that this led to significant abuse of power by the then government, subjecting the people of India to excesses and atrocities. The notification also affirms the people's faith in the Constitution and the strength of India's resilient democracy.

“Therefore, the government of India declares 25th June as ‘Samvidhan Hatya Diwas’ to pay tribute to all those who suffered & fought against the gross abuse of power during the period of emergency & to recommit the people of India to not support in any manner such gross abuse of power, in future,” the notification said.

The PIL petition argues that the Centre's notification directly contravenes the provisions of the Constitution of India and violates the Prevention of Insults to National Honour Act, 1971.

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