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2012 Supreme(Del) 2806

A.K.SIKRI, SANJAY KISHAN KAUL, RAJIV SHAKDHER
Court On Its Own Motion – Appellant
Versus
Govt. of NCT of Delhi – Respondent


For the Petitioner:Mr. Amnn Lekhi, Sr. Adv. with Ms. Monica Arora, Mr. Varun Sinha, Mr. Vikas Gupta, Mr. B.S. Shukla , Mr. A. Gaurf Advocates , Petitioner Nos. 2 , 3 in WP (C) No. 4432/2012 , Cont. Cas. (C) No. 460/2012: Mr. Baba Nand Kishore Misra , Mr. Sardar Ravi Ranjan Singh.
For the GNCTD:Mr. Pawan Sharma, Standing Counsel (Crl.) with Mr. Sahil Mongia, Advocate.
For the ASI:Mr. A.D.N. Rao , Mr. Jayant Tripathi, Advocates.
For the MCD :Mr. Ajay Arora , Mr. Kapil Dutta, Advocates.
For the Applicant/Mr. Shoaib Iqbal :Mr. Kirti Uppal, Sr. Adv. with Mr. M.M. Kashyap, Advocate.
For the Intervenor :Mr. Atyab Siddiqui, Advocate.

JUDGMENT :

Rajiv Shakdher, J.

1. Religion is said to be the opium of the masses. It can be both a great unifying factor, but also disruptive of social peace where in the name of a religion, extreme postures are taken. It is the bounden-duty of all sane members of the society to ensure that the lives of general public are not affected by posturing on matters of religion. The common man, as it is, has his hands full making his two ends meet. The diversity in religion and culture of our country is, thus, to be treated as a unifying factor rather than disrupting peace. The three limbs of the system being Legislature, Executive and Judiciary, thus, have a duty to perform as enshrined under the Constitution of India, 1950 (for short, ‘the Constitution’).

2. We have entertained the present public interest litigation (for short, ‘PIL’) on account of the grievance made regarding some unauthorized construction stated to be going on at Subhash Park facing Red Fort, which was likely to create an adverse law and order situation. We passed Orders on 20.07.2012 after calling upon the Government of National Capital Territory of Delhi and the Municipal Corporation of Delhi (for short, ‘MCD’) to appris






















































































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