JUDGMENT

MANMOHAN, ACJ : (ORAL)

1. Present public interest litigation has been filed by the petitioner challenging the Notification No.189 dated 12^th July, 2024 issued by the respondent no.2 whereby 25^th 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 on25^thJune,1975, following which there was grossabuse ofpowerby 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 andthepowerofIndia’sresilientdemocracy:

Therefore, Government of India declares 25^th June as “Samvidhaan Hatya Diwas (संविधान हत्या दिवस)” 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,infuture.”

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, th