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1995 Supreme(SC) 13

SUPREME COURT OF INDIA
P.B. SAWANT AND G.N. RAY, JJ.
Giani Devender Singh Sant Sepoy Sikh, Petitioner
Versus
Union of India and another, Respondents.
Spl. Leave Petn. (Cri) Nos. 1208 and 1209 of 1994
Decided on 4-1-1995.

Advocates:
Giani Devender Singh, Sant Seboy Sikh

Headnote:Public Interest Litigation - Petitioner, an old man and a Sewadar of a Gurudwara alleging that in premises of an oil mill near Gurudwara various smuggling and illegal activities relating to narcotic and psychotropic drugs are being carried on - Particulars of such activities not given - Petition lacks in material particulars - High Court not in a position to precisely discern what was complaint alleged Direction issued in general and sweeping terms to sack erring officers - Not proper - High Court should give specific direction after ascertaining correctness of allegation - High Court should not have issued mandate in general and sweeping terms which were not intended to be implemented and were not capable of being implemented.

       Held: When the petitioner alleged noncompliance of the direction of the High Court as contained in the said order dated 27.2.1992, the Division Bench of which Mr. Justice V.S. Kokje was one of the members, which passed the order dated 27.2.1992, felt that the said order was not, capable of being implemented and therefore dismissed the application by passing the impugned order. It is only unfortunate that the petitioner, a layman, appeared in person and when his petition was entertained by the Division Bench having the then Chief Justice of High Court as a member, and was disposed of by giving some direction, he must have hoped that his efforts to eradicate nefarious activities as alleged by him, have been crowned with success and it appears that he moved various authorities zealously to implement the mandate of the High Court without appreciating that such mandate was of no consequence and prayer for implementation is to be dismissed unceremoniously at a later stage. (Para 11)

       Further Held, that the petition which has been presented before this Court lacks in material particulars and it is also very difficult to discern precisely the allegations sought to be made in the said application. The petitioner has also made a wide and sweeping allegation against a Judge of the High Court without giving any instance how and in what manner the said Judge has influenced the other judicial officers of the State. Such sweeping allegations against a Judge arid other Judicial officers need to be deprecated in no uncertain term. But it appears to us that the petitioner is a confused person obsessed with various lofty ideals and perhaps has failed to appreciate the consequence of making wild allegations against judicial officers. Even in this application, the petitioner has alleged that this Court should pass direction for making Hindi as a national language because such direction should have been given twenty eight years ago. He has also contended that he should be compensated for the loss alleged to have been suffered by him from March 1, 1992 without indicating how and in what manner he has suffered losses. He has also alleged that the nation should also be compensated for the loss suffered by the nation from the pockets of the concerned persons who did not care to take action against illegal and improper activities by the Mill Owners and some other persons. Such statements, to say the least, reveal utter confusion and obsessions of the petitioner. We are, therefore, not inclined to take any serious view of the wild allegations made against some of the members of the judiciary. (Para 12)

JUDGMENT

G. N. RAY, J. :—These special leave petitions are directed against the judgment and order dated Dec. 8, 1993 passed by a Division Bench of the High Court of Madhya Pradesh (Indore Bench) in Misc. Petition No. 63 of 1993. The Division Bench by the said order dismissed the petition of the petitioner made before the Madhya Pradesh High Court (Indore Bench) inter alia contending that the respondents failed to comply with the direction contained in the order dated February 27, 1992 passed in Misc. Petition No. 266 of 1992 by a Division Bench of the Indore Bench of the Madhya Pradesh High Court. As the direction dated 27-2-92 was passed by a Division Bench of the Madhya Pradesh High Court consisting of the Chief Justice of the said High Court and Mr. Justice V. S. Kokje, a single Bench of the Madhya Pradesh High Court before whom the petition alleging non-compliance of the direction of the High Court was placed for disposal, directed to place the matter before the Honble the Chief Justice at Jabalpur so that the Chief Justice would constitute an appropriate bench for the disposal of the said application. The learned Single Judge, namely, Mr. Justice V. S. Kokje called for the records of the cases mentioned in the application of the petitioner from the Court of the learned Sessions Judge, Mandsaur, should transmit the records of the cases filed by the petitioner in various courts under the judgeship of the learned Sessions Judge and transmit the same to the High Court. The said application was numbered before the Division Bench of the Madhya Pradesh High Court as Misc. Petition No. 63 of 1993 and as aforesaid by the impugned order the said Misc. petition was dismissed by the Division Bench consisting of Mr. Justice V. S. Kokje and Mr. Justice R. D. Shukla. It may be stated here that one of the members of the Division Bench, namely, the then Chief Justice of Madhya Pradesh High Court which disposed of Misc. Petition No. 266 of 1992 on 27-2-92 retired when the said Misc. Petition No. 63 of 1993 was taken up for hearing by the Division Bench constituted for the purpose.

2. It appears from the Order dated 27-2-92 passed by the Division Bench consisting of the then Chief Justice of Madhya Pradesh High Court, Justice S. K. Jha and Justice V. S. Kokje in Misc. Petition No. 266 of 1992 that a public interest litigation was filed by the petitioner and he was heard in person. The Division Bench in the order dated 27-2-92 has noted to the following effect :-

"Petitioner in person. He is heard. This is supposed to be a piece of public interest litigation. As to whether it is a piece of litigation or not is not easy for us to discern. Be that as it may, as we have been able to understand, the petitioner Shri Sardar Gyani Devendra Singhji, Sant Sipahi, feels very much aggrieved and pained by the entire social order and the clandestine activities by all and sundry in the country affecting not only the countrys finances, but eating up the nerves of the entire nation in all spheres. According to the petitioner, he and his wife are Sevadars in a Gurudwara situated at Ratangarh in the district of Mandsaur. His grievance is that there is an oil mill near the Gurudwara in which, for all outward purposes, edible oils are manufactured, but people there are engaged more in clandestine business of smuggling and selling opium, heroin, brown sugar, poppy husk and the like and the authorities are not taking any care to see that such activities are stopped. Rather they are said to be hands in glove with the oil mill owners. It is, therefore, prayed that a direction be issued to whosoever it may concern to stop this clandestine business and smuggling and instead, to direct the Union Government to make arrangements for export of these costly items in order to conserve foreign exchange so that the countrys finances which are more or less in a shattered state may, to a great extent, be revived.

Howsoever absurd the prayer may be and whatever be the intention o















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