Delhi HCt Rejects PIL Against Central Government’s Notification Declaring June 25 as Samvidhaan Hatya Divas

Delhi HCt Rejects PIL Against Central Government’s Notification Declaring June 25 as Samvidhaan Hatya Divas

Today, the Delhi High Court dismissed a public interest litigation (PIL) that contested the Central government's notification designating June 25 as Samvidhaan Hatya Divas. This day is intended to honor those who endured and resisted the National Emergency imposed by the Government of India in 1975.

A Bench consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela stated that the Central government's notification dated July 13 did not challenge the proclamation of emergency under Article 352 of the Constitution. Instead, it addressed the "abuse of power and misuse of constitutional provisions and the excesses that ensued" following the emergency.

"The notification does not violate the Constitution or disrespect it," the Court said while dismissing the plea.

The PIL, filed by Samir Malik, contended that the Emergency was declared under Article 352 of the Constitution, and thus could not be described as a "murder of the Constitution." Malik argued that the government's notification was highly derogatory. However, the Court rejected this argument, with the Bench noting that politicians frequently use the phrase "murder of democracy" in their discourse.

"Politicians use the phrase mother of democracy all the time. We are not inclined. It’s [the PIL] not worth it," the Court said.

 
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