Allahabad HC seeks govt response in PIL challenging ‘Samvidhan Hatya Diwas’ notification
Allahabad High Court seeks Centre's response on PIL challenging June 25 as 'Samvidhan Hatya Diwas' to honor Emergency victims, next hearing on July 31.
The Allahabad high court has sought a response from the Centre in a public interest litigation (PIL) petition challenging the government notification dated July 13, 2024, declaring June 25—the day Emergency was imposed in the country in 1975—as ‘Samvidhan Hatya Diwas’.
Hearing the PIL filed by a Jhansi-based lawyer Santosh Singh Dohrey, a division bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar on July 22 directed to fix July 31 as the next date of hearing. As the case was taken up on Monday, the counsel representing the central government sought time to obtain instructions in the matter. The court allowed his request.
In the PIL, the petitioner had sought quashing of the central government’s notification, published in the Gazette of India on July 13, declaring June 25 as ‘Samvidhan Hatya Diwas’.
The gazette notification under challenge was issued/published on July 13, stating that a proclamation of Emergency was made on June 25, 1975, following which “there was gross abuse of power by the then government of the day and people of India were subjected to excesses and atrocities.”
The notification further said the people of India have faith in the Constitution and the power of India’s resilient democracy.
“Therefore, the government of India declares 25th June as ‘Samvidhan 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.
The PIL petition argues that the notification by the Centre directly violates the provision of the Constitution of India and directly hits the provisions of the Prevention of Insults to National Honour Act, 1971.