SAMIR MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) Present public interest litigation has been filed by the petitioner challenging the Notification No.189 dtd. 12/7/2024 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:-

(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 Sec. 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declared on 25/6/1975 was proclaimed as per Article 352 of the Constitution of India and the proclamation of Emergency was revoked under Article 352 (2) of the Constitution of India.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.