SWAMI DHIRENDRA BRAHMACHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The primary question which arises for determination is whether the rule regarding testimonial compulsion as contained in clause (3) of Article 20 of the Constitution of India is attracted on the facts of this case. "This guarantee is enshrined in the following words :

(2.) Briefly stated the facts of the case are as under : The petitioner, who is a citizen of India, claims himself to be the founder President of Aparna Ashram, a society registered under the Societies Registration Act, 1860. This institution is claimed to be a charitable institution founded to advance the cause of Yoga, to make research in. Yoga in its mainfold aspects, and to organise conferences as well as lectures and seminars in furtherance of that objective. The Aparna Ashram, under its constitution, is entitled to make applications for money and funds and accept gifts, donations and subscriptions in cash and kind. It is said to have established a centre at Mantalai in the State of Jammu and Kashmir. On May 6, 1976, on one of his visits to the United States of America, the petitioner claims to have received E donation of an aircraft for Aparna Ashram from M/s. Maule Aircraft Corporation of that country, more particularly described as an M-5-235C aircraft, valued at $ 40,385. On July 1, 1976 Aparna Ashram made an application to the Government of India, Ministry of Finance, Department of Revenue and Banking to exempt payment of customs duty on the import of the said aircraft. An ad hoc exemption was granted on July 29, 1976. The aircraft was duly registered by the Directorate General of Civil Aviation on July 17, 1976. On August 19, 1976 the Director-General of Civil Aviation issued a certificate of airworthiness to this aircraft. Thus the Aparna Ashram imported the said aircraft.

(3.) Pursuant to General Elections held in the country in March, 1977 there was a change in the Government. On May 28, 1977 the Central Government appointed Shri J. C. Shah, a retired Chief Justice of the Supreme Court of India, as Chairman of a Commission under the Act, (hereinafter referred to as the Commission). The terms of reference of this Commission and the reason for its appointment are evident from a reading of the notification No. S.O. 374(E) dated May 28, 1977 issued by Government of India, Ministry of Home Affairs.