S.P. ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a resident of Indore, has filed this petition as public interest litigation under Art. 226 read with Art. 14, 21, 19, 25, 301, 302, 303 and 304 of the Constitution of India. The grievance is about the sudden cancellation of several trains on 27.10.90 on the linchpin of executive instructions. It is contended that the pernicious practice of sudden cancellation of trains is violative of the fundamental right guaranteed by Art. 19 (1) (d) of the Constitution of India and exposes the public to lose their right to move freely.

(2.) THE reliefs sought are, however, limited to a declaration that cancellation of trains, particularly Malva Express between Indore and New Delhi on a particular date is unconstitutional and abuse of powers constituting malice in law.

(3.) THE other side, however, explained that cancellation of trains took place at :) time when Ayodhyn issue had gained momentum and preventive measures had become necessary to protect persons and property.