Delhi High Court on Friday dismissed a PIL challenging the Centre’s decision to declare June 25, the day the Emergency was imposed in 1975, as ‘Samvidhan Hatya Diwas’.
The petitioner said the decision was not only in violation of the Constitution but also “insulting” as it used the word “hatya (murder)” with the “Samvidhan (Constitution)” — a “living document”.
A bench headed by Acting Chief Justice Manmohan said the Centre’s notification was not in violation of the Constitution as it was not issued to challenge the issue of the proclamation of Emergency but against the abuse of power, misuse of law and the excesses that followed.
“It is in that context that the word ‘hatya’ is used. It does not disrespect the Constitution,” the bench, also comprising Justice Tushar Rao Gedela, said.