PIL Against 'Samvidhaan Hatya Diwas' Notification Filed Before Allahabad High Court

An advocate from Jhansi, Uttar Pradesh, challenges the recent notification by the Central government declaring June 25 as 'Samvidhaan Hatya Diwas' before the Allahabad High Court. The notification aims to commemorate individuals who suffered during the Emergency of 1975.

 Background and Filing of PIL

Santosh Kumar Dohrey, representing the petitioner, filed a Public Interest Litigation (PIL) against the Central government's notification. The petition argues that the notification lacks proper authority and employs language that insults the Constitution.

 Legal Proceedings and Arguments

The PIL, filed through advocate Braj Mohan Singh, was brought before the division bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar. The bench has issued a notice to the Union Home Ministry, seeking its response to the petition. The next hearing is scheduled for July 31.

Allegations of Insult to National Honour

Dohrey contends that the notification, issued by a Joint Secretary of the Ministry of Home Affairs, uses language that insults the Constitution. Specifically, the PIL argues that labelling June 25 as 'Constitution Murder Day' violates the Prevention of Insults to National Honour Act. The petition emphasizes that the term 'murder' in conjunction with the Constitution is inappropriate, given that the Emergency was declared under constitutional provisions.

 Conclusion

The petitioner asserts that the Constitution is a dynamic document that cannot be destroyed or deemed dead, thereby challenging the validity of such notification. The case raises crucial questions about the use of language in official notifications and the boundaries of commemorative acts under constitutional scrutiny.

Our news media partner, Kaushiki Srivastava, crafted and curated this news. 

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