BHARTI KASHYAP Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT petition has been preferred by the petitioner claiming to be a public spirited person who is rattled by recent events of blocking the Railway tracks by Jat Community resulting in inconvenience to the General Public and disruption of rail traffic in the State of U.P. The reliefs sought in this petition is for a writ of mandamus directing the respondents to take reasonable action as per law for ensuring that the Railway Track blocked by the Jat Movement may be opened for the smooth movement of the Railways in U.P.

(2.) WHEN the court resumed working, a mention was made by Sri Ranjit Saxena Advocate, to take up the petition regard being to the urgency of the cause also mentioning that the courts are closing for Holi vacation. At that time, the Court asked the petitioner to make a request before Senior Judge for taking up the matter today itself. The matter has again come up before us after Lunch and it appears that the Senior Judge acceded to the prayer of the learned counsel on ground of urgency.

(3.) OUR country is a democratic country where duties and rights of the citizens have been defined and guaranteed in the Constitution. Every citizen is expected to act as a disciplined citizen within the parameters of the procedures prescribed and also on the basis of rule of law. OUR society is based on rule of law and unruly action or behaviour to force the Government for enforcing the demand causing inconvenience to the public in general is not a constitutionally approved scheme of things. The citizen of this Country is free to protest and air and ventilate their grievances but not at the cost of convenience of the General Public.