Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1995 (1) TMI 397

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... was placed for disposal, directed to place the matter before the Hon'ble the Chief justice at Jabalpur so that the Chief Justice would constitute an appropriate bench for the disposal of the said application. The learned Single Judge, namely, Mr.Justice V.S.Kokje called for the records of the cases mentioned in the application of the petitioner from the Court of the learned Sessions Judge, Mandsaur. It was directed that the learned Sessions Judge, Mandsaur, should transmit the records of the cases filed by the petitioner in various courts under the judgeship of the learned Sessions Judge and transmit the same to the High Court. The said application was numbered before the Division Bench of the Madhya Pradesh High Court as Misc.Petition No.63 of 1993 and as aforesaid by the impugned order the said Misc.Petition was dismissed by the Division Bench consisting of Mr.Justice V.S.Kokje and Mr.Justice R.D.Shukla. It may be stated here that one of the members of the Division Bench, namely, the then Chief Justice of Madhya Pradesh High Court which disposed of Misc.Petition No.266 of 1992 on 27.2.92 retired when the said Misc.Petition No.63 of 1993 was taken up for hearing by the Divisi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... carrying on these nefarious activities be sacked and the entire administrative machinery of the country be overhauled by recruiting only conscientious and devoted people like the petitioner so that the already suffering masses of the nation are no longer made to suffer. 3. In the petition numbered a Misc.Petition No.63 of 1993 in which the impugned decision has been made, the petitioner complained before the Madhya Pradesh High Court that neither the concerned authorities of the Central Government nor of the State Government complied with the direction contained in the said order dated 27.2.92 passed in Misc.Petition No.266 of 1992. The petitioner alleged that the direction of the Division Bench contained in the said order dated 27.2.92 was published in the newspaper. 'Mc petitioner also alleged that he drew attention of the concerned authorities to such order and also about inaction on their part in not taking appropriate steps to stop nefarious activities including clandestine business of smuggling and selling of opium, heroin, brown sugar, poppy husk and the like in the promises of an oil mill situated in the district of Mandsaur, The petitioner complained that the conc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ublished. As no concerned authority gave attention to the said order, the petitioner sent the copies of the said order to Sri Dhamsana, the Superintendent of Police, Indore, Shri Narender Pal Singh, Collector of Mandsaur, Shri Ram Niwas S.P., Mandsaur. A photo copy of the order was also scat to Shri Amitabh Jain, Sub-Divisional Magistrate of Neemuch. Such orders were circulated to the said authorities in order to enable them to take appropriate action against Shri Ghan Syam Lal and other owners of the Oil Mill at Mandsaur and to take appropriate action against nefarious activities, namely, dealing in heroine, opium, brown sugar, smack etc. indulged by the owners of the said Mill and other anti social elements. The petitioner has alleged that the complaints made by the petitioner before the Additional District Judge, 1st Court and also before the Additional District Judge, IInd Court, Mandsaur, were dismissed although in such complaint petitions besides the allegations about nefarious and illegal activities being conducted by the said Oil Mill Owners, a copy of the order dated 27.2.92 of the High Court was annexed. The petitioner alleges that he also filed petition of complaint befo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he should be compensated for the loss suffered by him from March 1, 1992 and the nation should also be compensated for the loss suffered by the nation and such compensation should come out of the pockets of such persons who did not care to take any action on the complaints made by the petitioner and comply with the order passed by the High Court on 27.2.92. 8.So far as the direction contained in the said order dated 27.2.92 is concerned, it appears to us that such direction was made by making some general and sweeping observations on the basis of allegations made by the petitioner. It also ap pears that the High Court in disposing of Misc.Petition No.266. of 1992 by its order dated 27.2.92 has clearly noted that it was not easy to discern precisely what the petitioner intended to allege in the petition presented before the Indore Bench of the Madhya Pradesh High Court. The High Court as a matter of fact, observed that howsoever absurd the prayer may be and whatever may be the intention of the petitioner in filing the alleged public interest litigation, one thing is clear that he is obsessed with great and lofty ideals and therefore for whatever worth it is, in order to sati .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mbers, which passed the order dated 27.2.92, felt that the said order was not capable of being implemented and therefore dismissed the application by passing the impugned order. It is only unfortunate that the petitioner, a layman, appeared in person and when his petition was entertained by the Division Bench having the then Chief Justice of High Court as a member, and was disposed of by giving some direction, he must have hoped that his efforts to eradicate nefarious activities as alleged by him, have been crowned with success and it appears that he moved various authorities zealously to implement the mandate of-the High Court without appreciating that such mandate was of no consequence and prayer for implementation is to be dismissed unceremoniously at a later stage. 13. However, we have considered the present petition moved by the petitioner in person. It appears to us that the petition which has been presented before this Court lacks in material particulars and it is also very difficult to discern precisely the allegations sought to be made in the said application. The petitioner has also made a wide and sweeping allegation against a Judge of the High Court without giving an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t Legal Aid Committee but for the reasons best known to the petitioner, the petitioner chose to address the Court in person and in his submission he made general and sweeping remarks about the increase in corruption and malpractices gripping the country, seriously affecting the progress of the nation. He also alleged that various smuggling and nefarious activities relating to narcotic and psychotrophic drugs were being committed by the owners of an Oil Mill situated in the District of Mandsaur and various complaints made by him in different law courts were simply dismissed. In the absence of the copies of complaints alleged to have been presented in various courts of law and orders passed on such complaints, it is not possible to appreciate whether such complaints were maintainable or not and whether or not orders passed on such complaints were justified. That apart, if an order is passed by a court, a party aggrieved may move against such order in a manner known to law and within the framework of law. As the impugned order of the High Court dated December 8, 1993 passed in Misc.Petition No.63 of 1993 does not call for any interference and as these petitions do not merit any furthe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates