VIMAL BHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who is the social activist, has filed the present writ petition with the following prayers:

(2.) THE facts as set out in the petition are as follows. The petitioner is a social activist working with the non-governmental organization, "national Alliance for Peoples' movement", working in the field of social reforms and communal harmony. The petitioner had actively worked with the narmada Bachao Andolan and is at present working with Tehri Dam oustees in uttranchal with an organization called "matu (Soil) Peoples' Organization". It is the case of the petitioner that on 4. 5. 2003, one praveen Togadia of Vishwa Hindu Parishad and activists of Bajrang Dal were holding the programme of Trishul Diksha near the coffee Home on Vikas Marg, New Delhi. The petitioner with his two women colleagues, had also gone to this site for peacefully protesting against Praveen Togadia's Trishul diksha programme by displaying some placards. These placards said "trishul Nahin rozgar Chahiya", "talwar Nahin, Pyar, Jihad nahin, Dharam Yudh Nahin, Aman, Ekta, shiksha Chahiye". As soon as the petitioner and his colleagues displayed these placards, they were set upon by some unknown persons of Bajrang Dal and VHP, who were present there in the Diksha ceremony, and the petitioner was beaten badly with lathis and gulels by these people. At the time of the incident, several policemen were standing right there as mute spectators without taking any action to stop the crime being committed in broad day light. The inaction of the policemen to prevent the crime is evident from the photographs published in the news item in. the English daily 'the Hindu' dated 5. 5. 2003, copy whereof is annexed as Annexure P-1 to the present petition.

(3.) THE petitioner was taken to Lai Bahadur shastri Hospital where he was medically examined and discharged from the said hospital with the medical report that he had suffered some injuries on the right shoulder and other parts of his body. A copy of the medical report is annexed as Annexure P-3 to the petition.