Delhi HC dismisses PIL petition against Centre’s decision to observe June 25 as ‘Samvidhan Hatya Diwas’

Delhi High Court dismisses petition challenging Centre's decision to observe 'Samvidhan Hatya Diwas', citing abuse of power.

The Delhi High Court on July 26 dismissed a petition challenging the Centre’s decision to observe June 25, the day the Emergency was imposed in 1975, as ‘Samvidhan Hatya Diwas’.

The High Court rejected the petitioner’s contention that the decision was not only in violation of the Constitution but was also an “insult” as it used the word “hatya” (murder) with “Samvidhan” (Constitution), which is a “living document”.

The High Court said the Centre’s July 12 notification was not against the proclamation of Emergency but against the abuse of power, misuse of law and the excesses that followed, and was therefore not in violation of the Constitution or law.

Petitioner Samir Mailk’s counsel argued that the Emergency was declared in 1975 as per Article 352 of the Constitution of India, and the decision to declare the day of the proclamation as ‘Samvidhan Hatya Diwas’ was derogatory and contrary to the constitutional provisions.

The plea argued that the Constitution is a “living document” which cannot die. It said ‘Samvidhan Hatya Diwas’ would also violate the Prevention of Insults to National Honour Act.

The High Court, however, rejected the plea said: “The court finds that the notification does not challenge the issue of proclamation of Emergency... and the Constitution, but the abuse of power, misuse of provisions and the excesses. It is in that context that ‘hatya’ is used”.

“It in no way undermines or disrespects the Constitution,” the High Court said adding that even the phrase “murder of democracy” was often used, and the petition was not worth consideration.