An advocate from Jhansi, Uttar Pradesh, has filed a PIL in the Allahabad High Court challenging the Central government’s recent notification declaring June 25 as ‘Samvidhaan Hatya Diwas’ or Constitution Murder Day, in tribute to those who suffered and fought against the Emergency imposed in 1975.
The PIL, filed by lawyer Santosh Kumar Dohrey through advocate Braj Mohan Singh, was listed on Monday before the division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar.
Singh informed Bar & Bench that the Union Home Ministry has been issued a notice for its response to the PIL. The next hearing is scheduled for July 31.
In the PIL, Dohrey argues that the notification issued by a Joint Secretary of the Ministry of Home Affairs contains language that insults and offends the Constitution.
Specifically, the plea claims that using the word ‘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 Central government cannot issue such a declaration. The Constitution is described as a living document that cannot die or be destroyed.
Additionally, Dohrey questions the Joint Secretary’s authority to issue such a notification and notes that the legal basis for the notification has not been disclosed.
