Supreme Court rejects petition wanting Epidemic Act to be struck down, suggests plea to be placed in high court

New Delhi (ILNS): The Supreme Court has dismissed a plea seeking an order to strike down the operation of the Epidemic Act as unconstitutional under Article 14, 19 and 21 of the Indian Constitution.

A three-judge bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee was hearing the matter. 

The petition was filed by Advocate Harshal Mirashi who is the president of an organization named ‘SOWLI’ (Social Organization for Welfare, Liberty and Integration).

With the petitioner insisting that the court pass an appropriate order, the bench asked the petitioner to approach the High Court.

Mirashi said that only the Supreme Court can strike down a Central law. Jystice 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

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.”

The Petitioner has further contended that the Act has explicitly violated the fundamental rights guaranteed under Part III of the Constitution which are the pillars of the Constitution of India and are guardians of democracy.

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.”