B PREMANAND Vs. SATYASAI BABA

JUDGEMENT

(1.) The petitioner claims himself to be a Rationalist. He states he is the Convenor of the Committee for the Scientific Investigation of claims of the paranormal in India which Committee is engaged in dispelling the superstitious and blind beliefs gripping the society in India and the world. he also claims to be an author of various books and article concerning the cause of spreading rationalism and scientific temper.

(2.) The petitioner states that the matters raised by him in the present writ petition are in public interest. Commanding the writ petition for admission, learned counsel for the petitioner Shri. K.N. Balgopal stated that in urging the matters for consideration of this court the petitioner is acting bonafide with a view to vindicating the cause of justice and is not acting for any personal gain or private profit or out of any motivation or other oblique consideration. Learned counsel hastened to add that the petitioner has no ill-will against Sri Satyasai. Baba, first respondent herein. His only concern is to focus attention on what he considered to be a flagrant violation of certain provisions of the Gold (Control) Act, 1968 (the Act for short) and the continued indifference on the part of the authorities to whom representation were made by him since 1981 to take note of the alleged violations. Being fully convened that the authorities to whom representations were made by the petitioner are reluctant to take action, learned Counsel stated, the petitioner had no alternative but to bring the matter before the this Court for appropriate consideration. Demonstrating a sense of fairness, learned counsel put up for consideration of this Court certain legal propositions tersely and attractively and pleaded for issuance of notices to the respondents. I also heard the learned Standing Counsel for Central Government.

(3.) Briefly put, the matter is this : Over the decades the first respondent gained reputation and popularity as a God-man and has considerable following throughout the country. It is stated that among the followers of the first respondent there are great and eminent persons belonging to different walks of life it is said that persons occupying high offices and also highly placed persons in the society are among the admirers of the first respondent. The petitioner states that the first respondent blesses his devotees who throng to have his audience. Some of the devotees, it is said, are very preferentially treated by the first respondent. He materializes holy ash (Vibhuti) from thin air and offers the same blessing some devotees; yet some others receive a variety of articles and things similarly materialized from air by the highly sophisticated and affluent class of devotees, receive very expensive articles and things similarly materialized by the first Respondent. It is said that in a number of books published in (Prasanti Nilyam) where the first respondent lives, references are made to the first respondent materializing from air articles of solid gold, gold ornaments such as necklaces, rings, Mangala Sutrams (Thalis) and a host of other articles and ornaments, including those studded with precious stones like Diamonds, Rubies and Sapphires etc. The references in the books indicate that the article to the special category of devotees. The names of the recipients of these expensive presents made of gold are,it is claimed indicated in the books published. The petitioner consolidated a statement giving a description of the articles and golden ornaments materialized by the first respondent on different occasions and the names of the persons to whom they were presented by the first respondent. It is represented that this standard is prepared with reference to this information contained in the various books published.