M MALLAREDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) (At the Admission stage) This writ petition is filed by one M. Malla Reddy, who is styled as Pranta Karyavaha (Provincial Secretary) of the R.S.S. for Telangana and Rayalaseema areas of Andhra Pradesh and a Social Worker, for the issue of a writ of Mandamus (i) declaring the proviso to sub-section (2) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967) here in a fter referred to, for short, as "the Act", as arbitrary and unconstitutional, (ii) declaring the impugned notification No.S.0.901 (E), dated 10-12-1992, published in the Gazette of India, Extraordinary, Part-II Section 3 - sub-section (ii) issued by the 1st respondent and all consequential actions/proceedings taken pursuant to the said notification as arbitrary and illegal (iii) declaring the action of the first respondent in invoking powers under the proviso to sub-section (3) of Sec. 3 of Act 37 of 1967 to give immediate effect to the impugned notification from the date of its publication as arbitrary, motivated and illegal and (iv) restraining the respondents from giving effect to or implementing the impugned notification No.S.O.901(E), dated 10-12-1992 issued by the first respondent against the petitioner or any other individual and to remove the seals affixed on the offices of the R.S.S. at various places in the State of Andhra Pradesh including the portion of premises in Keshav Nilayam, Barkatpura, Hyderabad.

(2.) We may briefly refer to the averments made in the affidavit filed by the petitioner in support of the writ petition, which are as follows:- Rashtreeya Swayamsevak Sangh, hereinafter referred to for convenience as R.S.S., was started by late Dr. Kesav Baliram Hedgewar on Vijayadasami day of 1925 A.D. It actively involved itself in the freedom movement. It supported the slogan of Pooma Swaraj declared at Lahore Session by Congress. Its functionaries participated in Satyagraha Movements of 1930 and Quit India Movement in 1942. It strongly opposed partition of the Nation and religious considerations in 1947. It cherished for a free and united India. It played great protective role of saving refugees from Pakistan after partition. The R.S.S. played a silent, selfsacrifying and significant role in saving the Jammu & Kashmir State for Bharat. However, there was ban on the activities of R.S.S. by a notification under Defence of India Rules on 2-2-1948, i.e., immediately after the assassination of the Father of the nation. The Kapoor Commission, which was appointed to enquire into the said incident, categorically declared that R.S.S. has no involvement in the said incident. Thereafter, the Government lifted the ban on R.S.S. unconditionally. The R.S.S., after consultation with theGovernmentof India adopted a written constitution on 1st August, 1949 incorporating the suggestions made by the Government. The aims and objects of the Sangh are to weld together the various diverse groups within the Hindu Samaj and to revitalise and rejuvenate the same on the basis of its Dharma and Sanskriti, that it may achieve an all-sided development of Bharatvarsha. The Sangh adheres to peaceful and legitimate means for the realisation of its ideals. It has abiding faith in the fundamental principles of respect towards all faiths. The Sangh is aloof from politics and is devoted to social and cultural fields only. The whole endeavour of R.S.S. is based on Hindu way of life and to promote cultural heritage of the nation and respect towards all faiths. In the post-independent era the R.S.S. established a saga of sacrifice and service in the society. It conducted rehabilitation camps to the refugees into Bengal and Assam in 1950. It was in the fore-front of relief operation during the earthquake in Assam in 1950. During the year 1962 Chinese invasion, the R.S.S. swing into action and mobilised support to the Government and the army. During the 1965 Pakistani aggression also they were involved in discharge of various public duties, blood donation camps and civil assistance and similar significant role has been played by R.S.S. during the Pakistani Aggression of 1971. In view of the above said objects, activities, policies and programmes of the R.S.S., various leaders of the Nation have paid rich tributes and commands to the organisation. In spite of such a historic glory to the esteemed credit of R.S.S., there were highly motivated and concerted allegations or charges of violence against it. All the said allegations or charges were disproved and found to be false and baseless by the various commissions of inquiry appointed by the Government from time to time. A Division Bench of the Mysore High Court had an occasion to observe as follows:

(3.) On 6th December, 1992 in the unfortunate incident at Ayodhya some individuals demolished the disputed structure at Rama Janma Bhoomi. The R.S.S. General Secretary H.V. Seshadri stated at Lucknow on 2nd December 1992 that the proposed Kara Seva at Ayodhya on 6th December 1992 shall not violate court orders and that the disputed structure would not be endangered during the proposed Kara Seva. The said statement is widely covered in the press including the Hindu paper dated 3rd December 1992. Similar statements were made which found wide coverage in the daily news papers on all days prior to 6th December 1992. However, the most unfortunate happenings at Ayodhya could not be prevented in spite of best efforts by the Swayam Sevaka and its functionaries at high level. The demolition of the disputed structure was never the idea or object of the R.S.S.