A Jhansi, Uttar Pradesh,-based counsel has filed a challenge in the Allahabad High Court against the Central government’s recent declaration of June 25 as “Samvidhaan Hatya Diwas,” or Constitution Murder Day, in honor of those who persisted in fighting against the 1975 Emergency.
The division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar will hear the PIL that attorney Santosh Kumar Dohrey filed on Monday through advocate Braj Mohan Singh.
The Union Home Ministry has been notified to provide a response to the Public Interest Litigation, Singh informed the Bar & Bench. The next scheduled hearing is for July 31.
In the PIL, Dohrey stated that the notification, which was sent out by a Ministry of Home Affairs Joint Secretary, contained offensive and derogatory language directed at the Constitution.
Because the word “murder” has been used in conjunction with the “Constitution,” the plea specifically claims that it breaches the Prevention of Insults to National Honour Act.
Some have contended that the Center cannot declare a state of emergency since the Constitution prohibits such a thing. The argument continues, “The Constitution is a living document that can never die or be allowed to be destroyed.”
Dohrey has further questioned the Joint Secretary’s authority to make the notification and claimed that it is unclear what statute or rule the notification was issued under.
