Advocate Files PIL in Allahabad HC Challenging ‘Samvidhaan Hatya Diwas’ Notification

 An advocate has approached the Allahabad High Court challenging the Central government’s recent notification declaring June 25 as ‘Samvidhaan Hatya Diwas’ or Constitution Murder Day, intended to pay tribute to those who suffered and fought against the Emergency imposed in 1975.

The PIL was filed by lawyer Santosh Kumar Dohrey through advocate Braj Mohan Singh.

A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar issued a notice to the Union Home Ministry for its response to the PIL, with the matter scheduled for the next hearing on July 31, 2024.

The PIL argues that the notification, issued by a Joint Secretary of the Ministry of Home Affairs, contains language that is insulting and offensive towards the Constitution. Specifically, the plea contends that the use of the term ‘murder’ in relation to the Constitution violates the Prevention of Insults to National Honour Act.

The plea further argues that since the proclamation of emergency was made under the provisions of the Constitution, the Centre cannot issue such a declaration. It asserts that the Constitution is a living document that can never die or be destroyed. Additionally, the petitioner has questioned the Joint Secretary’s authority to issue such a notification and has noted that the notification does not specify under which law or regulation it was issued.

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