GHANSHYAM RAJ NARAIN DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) B. K. Roy and N. S. Gupta, JJ. This order disposes of Civil Misc. Application No. 26648 of 1997 by which a prayer has been made to recall bur order dated 9-4-1997 dismissing Writ Petition No. 8389 of 1985 in which the prayer of the petitioner was to quash the order of his detention dated 29-5-1985 passed by Government of Maharashtra by grant of a writ of certiorari and command the Respondents not to arrest/detain him and/or to pass such order which may be deemed fit and proper in the circumstances of the case.

(2.) THE petitioner asserted, inter alia, that he is a permanent resident of village Suriyawan in the District of Varanasi of our State where he owns his residential house and about 50 Acres of land besides a cold storage, Ice factory, and shops; that he is a peaceful citizen; and that he is a businessman of repute having his business and property in Bombay also which is being earned on by his other partners and Manager; that he is an Income Tax Payee; that he also keeps on visiting Bombay in connection with his business; that there is a political party known as Shiv Sena in the State of Maharashtra which gained majority in the last Elections of the Municipal Corporation, Bombay; that the petitioner is an active worker of All India Congress Party (I); that Shiv Sena launched an agitation that Maharashtra is for Maharashtrians and declared that the North-Indians should vacate Bombay and close down their business establishments in Bombay and in respect of that policy the then Chief Minister of Bombay also gave a similar statement; that the administration of Maharashtra in general and that of Bombay in particular also supports the stand of Shiv Sena; that the influential leaders of Shiv Sena in Bombay forced the local administration to anyhow harrass the petitioner; that the petitioner feeling danger to his life left Bombay for his village on 5-5-1985 and is supervising his business in his village in the State of Uttar Pradesh; that on 18-6-1985 when the petitioner was not at this home in village Suriyawan, District Varanasi, the police officials of P. S. Suriyawan, District Varanasi (Uttar Pradesh) alongwith some other police officials of Bombay came to his house to arrest him on the ground that he is wanted in Bombay; that the petitioner is a permanent resident of the State of Uttar Pradesh and the Respondents are illegally trying to arrest him and unless this Court safeguards the life and liberty of the petitioner, he may be done to death, and hence this writ petition.

(3.) NOW we are requested to exercise our inherent powers to recall the order aforementioned dismissing the writ petition on the grounds, inter alia, that while the petitioner was in Bombay, in connection with his business he received information on 9-4-1997 from the members of family that his case has been dismissed for want of instructions and that he is highly interested in its disposal on merits; that he apprehends that the dismissal of his writ petition may be cashed on by the members of Shiv Sena and he shall be harrassed and detained; that he has been a member of Legislative Council of the State of Maharashtra from 1990 to 1996 and is an active member and leader of Association of North Indians (Uttar Pradeshiya Mahasangh) at Bombay; and that he contacted Sri Sunil Ambwani and engaged him to argue the matter on merits.