New Delhi, November 17, 2020: The Supreme Court three-judge bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee has dismissed a petition seeking an order to strike down the operation of the Epidemic Act as unconstitutional under Article 14, 19 and 21 of the Indian Constitution.

The petition was filed by Advocate Harshal Mirashi who is the president of an organization named ‘SOWLI’ (Social Organization for Welfare, Liberty and Integration). Mirashi said that only the Supreme Court can strike down a Central law.

The petitioner has submitted: “Since 1897 the Epidemic Act of India 1897 has basically violated the fundamental rights guaranteed under Part III of the Constitution of India.”

Furthermore, the petitioner has submitted: “There is serious threat to fundamental rights because of erratic implementation of the Epidemic Act of India. This Act has tied hands, tied lips, tied breath, tied legs and tied everything of the Citizen of this Country.”

Justice DY Chandrachud suggested that the petitioner refer the constitution book of DD Basu, where the power to strike down a central law has been given to a high court as well.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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