MOHAMMAD RIFAT KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant petition filed under article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir prays for quashing order no. GBP/1694-1705 dated 24.07.2012 (Annexure P-3) along with interim directions claimed in CMP no. 1609 of 2012.

(2.) THE Medical Superintendent of G. B. Pant Hospital,Srinagar, by the impugned order has directed that the chemist shop belonging to the petitioner, namely, "Pediatric Pharmacy " be sealed and in pursuance to the order the chemist shop has actually been sealed. THE petitioner also filed a civil suit no. 32 of 2012 for defamation alleging that on account of allegations concerning sale of spurious drugs by the petitioner his reputation has been lowered and his image is tarnished. He also prayed for awarding damages. On account of the directions issued by this Court in PIL no. 04/2012 and OWP (PIL) 07/2012 all other Courts or Tribunal have been directed to refrain from taking cognizance of any matter connected with the subject of Public Interest Litigations and, accordingly, the suit has been placed before this Bench.

(3.) THE petitioner has also filed a suit registered as Civil Suit no. 32/2012 claiming damages from respondent nos. 1 and 2 for defaming him. It has been alleged in the suit that respondent no. 2 has levelled false allegations against the petitioner alleging that he was selling spurious drugs for the use of infant children. In order to substantiate these arguments reliance has been placed on a news item which appeared in English Daily Greater Kashmir ' dated 27.07.2012 (annexure P4) and also on the observations made in the order dated 26.07.2012 passed by this Court in PIL petitions. THE relevant part of the order dated 26.07.2012 passed in the Public Interest Litigation reads as under:-