Delhi High Court Rejects PIL Against Centre's Notification Declaring June 25 As 'Samvidhaan Hatya Diwas'

The Delhi High Court on Friday dismissed a PIL against a recent notification issued by the Union Government declaring that 25th of June every year be observed as 'Samvidhaan Hatya Diwas' on the anniversary of the proclamation of Emergency in 1975.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the notification in no way undermines or insults the Constitution of India.

“The notification is not violative of the Constitution of India nor insults the Prevention of Insults to National Honour Act. The PIL is accordingly dismissed,” the court said.

The court observed that the notification does not challenge the issue of proclamation of emergency but the abuse of power and misuse of constitutional provisions that followed it. It is in this context the word hatya and samvidhaan has been used, the court said.

“It is not on proclamation of emergency but on abuse of power which followed it,” the bench remarked.

The court rejected the PIL filed by Samir Malik who contended that the use of word “hatya” with the Constitution of India in the impugned notification is derogatory.

It was his case that the notification is in violation of Prevention of Insults to National Honour Act. He contended that the language used in the notification is insulting to the Constitution of India which is a living document.

“They are saying it is misuse of provisions that is all. Misuse can always be done…Politicians use the phrase murder of democracy all the time…. We are not inclined,” the bench orally remarked.

Title: Samir Maliv v. Union of India

Citation: 2024 LiveLaw (Del) 845