Delhi High Court Dismisses Challenge to ‘Samvidhan Hatya Divas’ Notification
The Delhi High Court has dismissed a Public Interest Litigation that challenged the Centre’s notification designating June 25 as ‘Samvidhan Hatya Divas’ (Constitutional Murder Day). The bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, ruled that the notification does not infringe upon the Constitution or show any disrespect towards it.
The petitioner, Sameer Malik, argued that the notification violated the Constitution of India and the Prevention of Insults to National Honour Act, 1971. Advocate Ankit Borker, representing the petitioner, sought to quash the notification, claiming it was unconstitutional. Advocates Alok Singh and Samridh A. Sharma also appeared for the petitioner.
The plea stated that the emergency declared on June 25, 1975, was proclaimed under Article 352 of the Constitution and later revoked under Article 352 (2). Therefore, the plea argued, the day should not be celebrated as ‘Samvidhan Hatya Divas’ as the Constitution is a living document that cannot be destroyed.
However, the court found no merit in these claims and upheld the notification, stating that political phrases like ‘murder of democracy’ do not influence their decision.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a big building where judges work to make decisions about important issues in Delhi, the capital city of India.
Samvidhan Hatya Divas -: ‘Samvidhan Hatya Divas’ means ‘Constitutional Murder Day’ in Hindi. It is a day to remember something bad that happened to the rules of the country.
Notification -: A notification is an official announcement made by the government to inform people about something important.
Centre -: In this context, ‘Centre’ refers to the central government of India, which makes decisions for the whole country.
Acting Chief Justice -: An Acting Chief Justice is a judge who temporarily takes on the role of the main judge in a high court.
Unconstitutional -: Unconstitutional means something that goes against the rules and principles written in the Constitution of India.
Plea -: A plea is a request made to the court asking for a decision on a particular issue.
Sameer Malik -: Sameer Malik is the person who asked the court to look into the notification and decide if it was wrong.