Ex-IPS Officer Amitabh Thakur Moves Allahabad HC Against Union Govt's 'Samvidhaan Hatya Diwas' Notification
Former Indian Police Service (IPS) officer Amitabh Thakur has filed a Public Interest Litigation (PIL) petition in Allahabad High Court challenging the Central government's recent notification declaring June 25, the day Emergency was imposed in the country in 1975, as 'Samvidan Hatya Diwas'.
The PIL plea submits that using the words "Samvidhan Hatya" is improper and incorrect and is "bound to make a highly unpleasant and unnecessary impact." Hence, the words "Samvidhan Hatya Diwas" need to be immediately abrogated in the larger public interest and for the larger national interest and well-being.
Stressing that the notification has political overtones, the PIL plea states that the phrase "Samvidhan Hatya Diwas" gives the impression that the Constitution has been murdered. Hence, there is no Constitution in existence in the Nation.
The Petitioner also states that using these words for the alleged commemoration of Emergency is bound to create havoc, fright, suspicion and anarchy to some extent.
"This phrase will not always necessarily be accompanied with the alleged reasoning provided in the proclamation but these three words "Samvidhan Hatya Diwas" will often be used independently and separately. And whenever these three words would be used separately and independently, they would give a clear notion of there being murder of Constitution at some previous point of time and hence there being no Constitution in existence now," the PIL plea submits.
"This interpretation is inevitable and the most natural one, that emerges from these three words. It is quite obvious that any such message or interpretation is not only completely false and fallacious but it also has extremely harmful impact associated with it, which is bound to create hopelessness and fright in people, more so among the less aware, not so-educated and young people, who would not be versed with the alleged background associated with this commemoration and would only go by these words, to make their own conclusion that Constitution in India has got murdered, meaning thereby that there is no Constitution in India," the PIL plea adds.
Importantly, the ex-IPS officer, in his PIL plea, argues it is obvious that the Government of India itself believes that the Constitution of India did not end forever with the proclamation of Emergency, but there were only alleged abuses of power, excesses and atrocities, however, the use of the word "Samvidhan Hatya Diwas" for this day is "completely improper, incorrect and fallacious" as it makes the general public believe that the Constitution is dead.
The PIL plea further states that if the Government wants to commemorate the event, the use of the "hugely improper, frightful and misdirected word" 'Samvidhan Hatya Diwas' needs to be immediately stopped, and a proper name needs to be given to it.
About the notification
It may be noted that the gazette notification under challenge was issued/published on Friday (July 12), stating that a proclamation of Emergency was made on June 25, 1975, following which “there was gross abuse of power by the Government of the day and people of India were subjected to excesses and atrocities.”
The notification further added that the people of India have faith in the Constitution and the power of India's resilient democracy.
“Therefore, Government of India declares 25th June as 'Samvidhaan Hatya Diwas' to pay tribute to all those who suffered and fought against the gross abuse of power during the period of Emergency and to recommit the people of India to not support in any manner such gross abuse of power, in future,” the notification said.
It may be noted that a similar PIL ple has also been filed before the Prayagraj bench of the High Court, seeking to quash the Union Government's notification in question. Hearing the matter on Monday, a bench of Justice Arun Bhansali and Justice Vikas Budhwar issued notice to the Central Government and asked for its response in the matter.