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Journalism of Courage
A division bench of the Delhi High Court on Friday dismissed a public interest litigation (PIL) by an East Delhi resident challenging the home ministry’s notification of declaring June 25, the day Emergency was declared in 1975, as ‘Samvidhaan Hatya Divas’.
The court of acting Chief Justice Manmohan and Justice Tushar Rao Gedela refused to entertain the PIL moved by one Samir Malik, represented by advocate Ankit Borker, seeking that the July 12 notification, issued by the joint secretary in the home ministry, be quashed and set aside.
Malik, in his petition, termed that such a declaration is “offending” and violates Section 2 of the Prevention of Insults to National Honour Act. It was also canvassed that the Emergency declared in 1975 was proclaimed as per Article 352 of the Constitution and the revocation was under the provisions of the Constitution of Article 352 (2). It was also submitted that the Constitution is a “living document which can never die nor anybody can be permitted to destroy it”.
The petition also notes that the notification was issued by a member of the executive and was in violation of Article 77 of the Constitution (all executive actions of the Government of India shall be expressed to be taken in the name of the President).
Notably, in a PIL moved by an ex-IAS officer Amitabh Thakur similarly challenging the declaration of June 25 as ‘Samvidhaan Hatya Divas’, the Allahabad High Court sought the Centre’s reply earlier this week.
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