MAHARSHI AVADHESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) - The petitioner Maharshi Avadhesh also known as A.B. Shorewala, who has described himself as Founder-President of Rashtrirya Party, has filed this petition seeking issuance of certain directions to the Prime Minister of India, the Union Home Minister, the Union of India and "others concerned" in respect of the matters specified in the prayer clause. At the time of hearing the petitioner, who argued the case in person, elaborated the term "others concerned" by submitting that notices of the petition may be issued also to Hon'ble the Chief Justice of India and to a sitting Judge of this Court who till recently was a Judge of the High Court of Jammu and Kashmir. The directions, sought by the petitioner run into 19 clauses. In these clauses the petitioner seeks directions to hold inquiry or investigation into certain matters, directions to some holding high public offices to resign from the said offices, and directions to the concerned authorities to dismiss certain public servants and constitutional authorities from the posts or offices they are presently holding. The prayer extends even to directions to amend the Constitution and take back the lost territory of the country from the neighbouring country which is forcibly occupying the same.

(2.) . The immediate provocation for the present petition appears to be the alleged abduction of Dr. Rubaiya Syed daughter of Sri Mufti Mohammad Syed, Union Home Minister, by terrorists and her subsequent release in exchange of five hard-core terrorists from police custody. The petitioner does not appear to be aggrieved by the release of Dr. Rubaiya Syed as he is by the release of alleged terrorists and the manner in which the former's release has been obtained. The facts stated by the petitioner are based on reports published in newspapers, extracts whereof have been filed as Annexures to the petition. The petitioner claims to have filed the petition in public interest. The public interest which the petition is claimed to serve is preservation of Nation's sovereignty, security, integrity, dignity and honour, credibility of public services and impartiality, independence and credibility of country's judiciary.

(3.) As is well known the abduction of Dr. Rubaiya took place in the State of Jammu and Kashmir. The petitioner refers to the accession of that State to the Indian Union and the privileged position it was given in the Constitution which according to the petitioner has resulted in chaotic conditions developing in the State over the years and culminated in the abduction of Dr. Rubaiya Syed and release of hard-core terrorists.