PEETHAMBARAN Vs. SUPDT OF POLICE

JUDGEMENT

(1.) Blessings of "God Ganapathy" were invoked through a special worship performed at the C.B.I. Office, Ernakulam on 27th January, 1995. This news got a flash in the print media. Appellant, an advocate, incensed by the said news and ignited by this sense of secularism approached this Court on the next Martyrs' Day (30th January) under Art.226 of the Constitution seeking a writ of mandamus to the Union of India to initiate disciplinary proceedings against the local Superintendent of C.B.I. According to the appellant, the conduct of the said officer of C.B.I. would amount to misconduct.

(2.) The Superintendent of C.B.I. (who is first respondent herein) has stated in a counter affidavit that when his office was shifted to another wing of the same building, he arranged a person to offer prayers for God's blessings, and in that ceremony no body was forced to attend, nor was any one prevented from participating in it. He also stated that the small amount needed for the worship was extended by him from his own pocket.

(3.) Learned single Judge dismissed the Original Petition on the main premise that first respondent can have his personal religious freedom and at any rate what he did for invoking God's blessings on an Suspicious occasion does not call for any interference under Art.226 of the Constitution. Undeterred by the dismissal of his writ petition, appellant has filed this appeal in challenge of the judgment of the learned single Judge.