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The petition was filed by one Samir Malik, who claimed that the term ‘Hatya’ (murder) in relation to the constitution was derogatory.
The Delhi High Court, on Friday, dismissed a public interest litigation challenging a notification issued by the Government announcing June 25th as ‘Samvidhaan Hatya Diwas’ (Constitution’s Murder Day) to mark the anniversary of the Emergency proclamation in 1975.
The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela while dismissing the PIL held, “The notification did not violate the Constitution of India nor the Prevention of Insults to National Honour Act. Accordingly, the PIL was dismissed”.
The petition stated that the notification violated the Prevention of Insults to National Honour Act and argued that the language used was insulting to the Constitution, which was described as a 'living document'.
“It concerns the abuse of power that ensued, not the proclamation of the Emergency itself”, the bench remarked. The court noted that the notification addressed the abuse of power and misuse of constitutional provisions following the proclamation of the Emergency, rather than challenging the proclamation itself.
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