Delhi HC Dismisses PIL Challenging Centre's 'Samvidhan Hatya Diwas' Notification

New Delhi: The Delhi High Court on Friday dismissed a Public Interest Litigation challenging the Centre's notification designating June 25 as "Samvidhan Hatya Diwas" (Constitutional Murder Day). The bench, led by Acting Chief Justice Manmohan and comprising Justice Tushar Rao Gedela, observed that the notification does not infringe upon the Constitution or show any disrespect towards it.

The High Court indicated that terms such as  "murder of democracy" and "mother of democracy" are frequently used by politicians and do not influence their decision in this case and said that they are not inclined to be swayed by such political rhetoric.

The petitioner Sameer Malik's plea stated that the impugned notification dated July 12, 2024, whereby the Government declared to celebrate the day of 25th June as Samvidhan Hatya Diwas which is directly violated the provisions of the Constitution of India and directly hits the provisions of Prevention of Insults to National Honour Act, 1971.

Advocate Ankit Borker, appeared for Petitioner and sought direction to set aside and quash the Notification issued by the Joint Secretary Ministry of Home Government of India New Delhi published in the Gazette of India as it is ultra vires to the constitution and unconstitutional.

The plea added that the emergency declared on 25.06.1975 was proclaimed as per Article 352 of the Constitution of India and the proclamation of emergency was also revoked under Article 352 (2) of the Constitution of India.

Samvidhan Hatya Diwas

The Central Government has announced that June 25 will be remembered annually as 'Constitution Murder Day' (Samvidhan Hatya Diwas) in remembrance of the Emergency declared by the Indira Gandhi government in 1975.

Union Home Minister Amit Shah said the day would serve as a reminder of the significant sacrifices endured by those who faced the severe hardships of the 1975 Emergency, highlighting their immense contributions.