(1.) Heard Mr.A.Jagjit, learned counsel for the petitioner and Mr. N.Kumarjit learned Advocate General for the respondents.
(2.) By this PIL, the petitioner is praying for the intervention of this Court and direct the respondents No. 1 to 3 to arrange full proof mechanism to ensure that no obstruction is given to pilgrims and other tourists who come to visit the holy Shrine of Kaina. The respondents No. 1 to 3 are silent, though they are very well aware of the fact that respondent No. 4, which is a registered organization, have illegally imposed blockade in all the public roads leading to the holy shrine of Kaina thereby restricting the pilgrims/devotees from offering Puja at Shri Shri Govindaji Temple of Kaina. The illegal acts of the respondent No. 4 have not only thwarted the petitioner and other similarly situated persons from professing religion in terms of their religious belief but also infringe their fundamental right of moving around. The obstruction caused by respondent No. 4 along the public road is illegal and suitable action is needed. Aggrieved by the illegal act of respondent No. 4 and the silence of the respondent State machinery, the present Public Interest Litigation is filed.
(3.) At the outset, it is pointed out that prayer No.ii (i.e.) to arrest is not the concern of this Court in this Public Interest Litigation as there is no scope for entertaining such a plea merely on the basis of a wild allegation of the petitioner. If he is aggrieved, he can give a complaint which will be dealt with in accordance with law and the affected person may have a right to defend himself. Hence, relief No.ii is rejected as mis-conceived.