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DELHI HIGH COURT
B.C.PATEL, A.K.SIKRI
Pran Nath Lekhi – Appellant
Versus
Union of India – Respondent


JUDGMENT

B.C. Patel, C.J. The petitioner, a practicing lawyer of this Court, has filed this petition, inter alia, praying as under:

    "a) Declare sending our armed forces to Iraq, at the instance of the Government of United States of America or, of the "Authority" described as such in the United Nations Security Council Resolution No. 1483 (Annexure P1) would violate:

    (a) the Constitution of India,

    (b) be in disregard and defiance of Annexure P-5, which set out the policy and position the Union of India in Parliament (Rajya Sabha) while replying to starred question No. 673, and also of the

    (c) unanimous resolution Annexure P-3, passed on 8.4.2003 by our Parliament, and hurt the

    (d) the basic structure of the constitution.

    (b) Issue order, direction or writ, in the nature of writ of mandamus, directing the Union of India, or any of its agency/agencies or body/bodies or authority/authorities or official officials functioning or working directly or indirectly under its administrative control, supervision and or directions, not to send our armed forces to Iraq except on the express request made by the General Assembly of the United National in accordance with the "Charter of the Unite

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