Delhi High Court
Samir Malik vs Union Of India And Anr. on 26 July, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10262/2024 & C.M.No.42071/2024
SAMIR MALIK .....Petitioner
Through: Mr.Ankit Borker, Advocate.
versus
UNION OF INDIA AND ANR. .....Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Abhinav Bhardwaj,
Advocate.
% Date of Decision: 26th July, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present public interest litigation has been filed by the petitioner
challenging the Notification No.189 dated 12th July, 2024 issued by the
respondent no.2 whereby 25th June of every year has been declared as
"Samvidhaan Hatya Diwas". The impugned Notification reads as under:-
"F.No.17015/53/2024-IS-I. -Whereas, a proclamation of Emergency was
made on 25th June, 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:
And whereas, people of India have abiding faith in the Constitution of India
and the power of India's resilient democracy:
Therefore, Government of India declares 25th June as "Samvidhaan Hatya
W.P(C) 10262/2024
Signing Date:26.07.2024
19:17:50
Diwas (संिवधान ह ा िदवस)" 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."
2. Learned counsel for the petitioner states that the impugned
Notification is in violation of the Prevention of Insults to National Honour
Act, 1971 (hereinafter referred to as the 'Act 1971'). He states that as per
the Act 1971, the Constitution of India is our national honour and the use of
the word "hatya" with "samvidhaan" is an insult to the Constitution of
India. He states that the language in the impugned Notification is insulting
and offending to the Constitution of India, which is a living document, and it
has further been laid down in Section 2 of Act 1971 that showing disrespect
to the Constitution either by a spoken or written word is an offence.
3. He further states that the Emergency declared on 25th June, 1975 was
proclaimed as per Article 352 of the Constitution of India and the
proclamation of Emergency was revoked under Article 352 (2) of the
Constitution of India. Thus, the proclamation of Emergency was under the
provisions of the Constitution and therefore, the action of the respondents to
declare 25th June of every year as "Samvidhaan Hatya Diwas" is violative
of the Constitution of India.
4. Having heard the learned counsel for the petitioner, this Court finds
that the impugned Notification does not pertain to the issue of proclamation
of Emergency in 1975 under Article 352 of the Constitution of India but the
abuse of power and the misuse of constitutional provisions and excesses that
followed it. It is in this context that the expression "Samvidhaan Hatya"
has been used. In fact, the impugned notification explicitly states that the
people of India have abiding faith in the Constitution of India. Therefore, the
W.P(C) 10262/2024
Signing Date:26.07.2024
19:17:50
impugned Notification in no way undermines or insults or disrespects the
Constitution.
5. Consequently, the impugned Notification is neither violative of the
Constitution of India nor the Act 1971. Accordingly, the present writ
petition along with the application is dismissed.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 26, 2024
KA
W.P(C) 10262/2024
Signing Date:26.07.2024
19:17:50
