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    Kiran Israni
    Dash  ·  
    Nov 17, 2020
    Edited: Nov 17, 2020

    SUPREME COURT REJECTS PETITION WANTING EPIDEMIC ACT TO BE STRUCK DOWN, SUGGESTS PLEA TO BE PLACED IN HIGH COURT.

    in News Updates

    Source : Livelaw.in


    Supreme court has dismissed a plea seeking an order to strike down the operation of Epidemic Act as unconstitutional under golden triangle of India Constitution that is under article 14 , 19 and 21. It was a three judge bench of justices DY Chandrachud , Indu Malhotra and Indira Banerjee. The Petition was filed by the president of an organisation named SOWLI (Social Organisation For Welfare , Liberty and Integration) Adv. Harshal Mirashi.


    Petitioner that insisted court to pass an appropriate order was asked to approach High Court. Mirashi said only Supreme Court can Strike down a central law , but Justice Chandrachud suggested Petitioner to refer Constitution Book of DD Basu where the power to struck down central law has also given to High Court.

    Petitioner has submitted Epidemic of India 1897 violates the fundamental rights guaranteed under part 3 of Indian Constitution. Furthermore, petitioner has submitted “There is serious threat to fundamental rights because of implementation in Epidemic Act of India.This Act has tied hands, tied lips, tied breath, tied legs and tied everything of the Citizen of this Country.”

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