SWAMI ADHOKSHAJANANDA TIRTHJI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this writ petition Sri Swami Adhokshajananda Tirthji, the writ petitioner herein, has assailed an order dated July 15, 2000 passed by the Sub divisional Executive Magistrate, Puri under Section 144 of the Criminal Procedure Code (in short, 'Cr.P.C.') directing the police to prohibit the presence and movement of the writ petitioner within local limits of jurisdiction of the Court of the Sub divisional Executive Magistrate, Puri and the conditions contained in the subsequent order dated July 17, 2000 passed by the Sub divisional Judicial Magistrate, Puri granting bail to the petitioner in G.R.Case No. 760 of 2000.

(2.) THE relevant facts as stated in the writ petition in short are : The petitioner claims that he is the son of Guruswami Niranjan Dev Tirth, who was the Sankaracharya of Puri Govardhan Pitha before the present recognised Sankaracharya Swami Nischalananda Saraswati. The petitioner also claims that he has the legitimate right to become Sankaracharya of Govardhan Pith in place of the present recognised Sankaracharya. It also appears that the petitioner has been making such claim in different places in the country. Sri P.K. Mohapatra, the present Collector and District Magistrate, Puri took the cause of the recognised Sankaracharya and on September 5, 1999 wrote an unusual letter to the Commissioner of Police, Baroda (Annexure 2) making certain unfounded derogatory remarks about the petitioner and requested him to arrest the petitioner and to book him under relevant provisions of the Indian Penal Code. The petitioner has alleged that the present Collector bears malice against the petitioner and he is mainly instrumental in preventing him from coming to and residing at Puri. In January, 2000 the petitioner wanted to come to Puri to move the appropriate legal forum for establishing his claim as Sankaracharya, but by an order dated January 21, 2000 under Section 144, Cr.P.C. the Sub divisional Executive Magistrate, Puri directed the local police to prohibit the petitioner from coming to Puri Municipal area and to place him outside the area of Puri Municipality within six hours of the said order. On June 30, 2000 another prohibitory order under Section 144, Cr.P.C. was issued prohibiting the petitioner from coming to Puri during the last Rath Yatra of Lord Jagannath. On July 15, 2000 at about 1.30 p.m. the petitioner arrived at Bhubaneswar Airport by Air from Delhi and proceeded to Puri. At about 5.30 p.m. the petitioner came to Puri and went to his place of stay being a private house known as 'Pujya Puja' belonging to one of his disciples. The petitioner did not at all go out of his place of stay. In the same evening a Misc. Case under Section 144, Cr.P.C. being Misc. Case No. 305/2000 was initiated by the Sub divisional Executive Magistrate (hereinafter referred to as 'Magistrate') on the basis of a complaint being non FIR No. 162, dated July 15, 2000 lodged by Puri Town Police Station and the Magistrate issued the impugned order, operative part of which is quoted below :

(3.) TWO separate counter affidavits one by opp. parties 2 and 5 and another by opp. parties 3 and 4 have been filed. In the said two affidavits the circumstances which according to the said opp. parties led to the formation of opinion and imposition of prohibition have been narrated. The said opp. parties have referred to some past activities of the petitioner elsewhere in the country, his previous attempts to come to Puri, previous complaints and consequent prohibitory orders issued against him. It has been stated that during Nabakalebar of Lord Jagannath the petitioner came to Puri, hurt the sentiment of the people of Orissa by his public speeches and created disturbances in Puri. However, no corroborative material has been disclosed or annexed in support of the said allegation. Referring to a caption under a Newspaper photograph it has been alleged that the petitioner was introducing even himself as Swami Nischalananda Ji. The said opp. parties have also annexed a Hindu leaflet which was allegedly distributed on July 14, 2000, the day before the petitioner's arrival at Puri. According to the opp. parties, on July 14, 2000 a public petition was presented before the Collector. Puri and the Superintendent of Police, Puri urging the authorities to take preventive action against the petitioner and on July 15, 2000 Sri Rajeev Misra, Secretary to the present recognised Sankaracharya lodged a written complaint with the police. The said opp. parties have annexed, among others, two Station Diary Entries recorded on July 15, 2000 in Town Police Station, Puri, the said public petition dated July 14, 2000, the complaint lodged by Sri Rajeev Misra, the Hindi leaflet, some Newspaper reports and photographs and the non FIR No. 162 dated July 15, 2000.