10) Because in Keshavanand Bharti Vs state of Kerala A.I.R 1973 S. C. Page 1431 Justice Matthew held The fundamental rights have no fixed content, most of them are empty vessels into which each generation must pour its content in the light of its experience. It is relevant in this context to remember that in building of just social order, it is sometimes imperative that the fundamental rights should be somewhat related to directive principles. The following rights are held to be covered world under article 21. 11) Because Hon’ble Supreme court has taken into account two spheres of dimensions to the right of personal liberty against the sovereign power exercising its functioning. Thus personal liberty is a sacred and cherished right under the constitution (UBI JUS IBI REMIDIUM). 12) Because where the public functionaries were involved in such a malafide and colourable exercise of power that may abridge or abrogate the right of livelihood of a citizen duly guaranteed under Article 21 of the Constitution. 13) Because we are now slave of destructive elements and foreign ambitions. Politicians act in nefarious designs with impunity. Political parties motivated with vested interests are dancing to usurp power through any means, fair or foul even at the cost of sacrificing the Nation’s existence to personal interest. Party systems have pushed to advance its own schemes upon the ruin of the rest. Our politicians are Mafia dons next to the invaders. Robbers have generally plundered the rich who are seldom subjected to legislation always plunder the common citizens and protect those Mafia dons under the phraseology of “law making sovereign power” having the connotation “procedure establish under law to be cherished instead of due process”. 14) Because the Freedom of expression may be necessarily including right of information. There is no expression with out having an idea on the subject, regarding which the expression of an individual may be given effect to change the existing values an ideology which are based on the notable extracts of certain facts .An enlightening informed citizen would undoubtedly enhance democratic values (People’s Union for Civil liberty (P U C L) Vs. Union of India) (2003) 4 SCC Para 94. 15) Because “The freedom of speech and expression is basic to indivisible from a democratic polity .It includes right to impart and receive information. Restriction to the said right could be only as provided in article 19(2). Right of a voter to know the bio-data of the candidate is the foundation of the democracy. The old dictum let the people have the truth and the freedom to discuss it and all will go well with the Government should prevail. The true test for deciding the validity of the Act is whether it takes away or abridges fundamental right of the citizens. If there is direct abridgement of the fundamental right of freedom of speech and expression, the law would be invalid. If the provisions of the law violate the constitutional provisions, they have to be struck down and that is what is required to be done in the present case .It is made clear that no provision is nullified on the ground that the Court does not approve the underlying policy of the enactment. (Para 69 to 71 and 66). (People’s Union for Civil liberties (P U C L) Vs. Union of India, (2003) 4 SCC 399:AIR 2003 SC 2363. 16) Because the right to live with human dignity free from exploitation (A.I.R 1980 S. C 849) and the right of livelihood (A.I.R 1986 S. C. 180) respectively was also considered to be within ambit of article 21. Every endeavor has been provided till now to make this article reverberate with life and articulate with meaning. 17) Because it has been held that authority not performing their statutory duties to enforce laws for the protection of environment inre- J.T 1996 (2) S. C 196 and J.T 1996 (7) S. C. 775 are jeopardizing the right of life of the citizen. However the authorities have still to provide protection by providing a fool proof. 18) Because the constitution is required to kept young energetic and alive .The attempt be endure to expand the ambit of fundamental right. It is said that the dignity of the ocean lies not in its fury capable of causing destruction, but in its vast extent and depth with enormous tolerance. Thus the wider the power, the higher the need of caution and care, while exercising the power. 19) Because the threat of being subjected to atrocities if the drastic step to save the citizens from the oppression and exposure of falsehood may not be done at an earliest time. Thus every nationalist who has got a slightest patriotic cult in his inhibition has got a Fundamental Right and a Constitutional Duty to safe guard our cultural heritage against the falsehood. Imparting of education is a State function. The State, however, having regard to its financial and other constraints is not always in a position to perform its duties. The function of imparting education has been, to a large extent, taken over by the citizens themselves. Some do it as pure charity; some do it for protection. 20) Because now the sovereignty is attributed upon the three institution namely the legislature, the executive and the judiciary. The combined effect of the three institutions makes a democratic society. The legislature is creature like lord Brahma while the executives like lord Vishnu may provide the welfare to the public. The judicial institutions like lord Shiva is the dispenser of justice and is also the protector of all subjects. The law of retributive justice wakes when the people sleep. Hence wise men regard the law or punishment as virtue or religion. 21) Because the constitution as it stands does not proceed on the “melting pot “theory while it represents a “salad bowls” where there is homogeneity without any obliteration of identity. The foundation of the religion is spiritualism, which is based on trust and confidence and an ability to strive for the good self of the other individual. 22) Because the disqualification prescribed for membership of Parliament under article 102 (1) (d) of the constitution of India that the individual contesting the election may not in any acknowledgement of allegiance or adherence to a foreign state. It is known to every citizen that the respondent No.4 is a foreign lady and her husband namely Rajeev Khan “Gandhi” converted his religion prior to his marriage with respondent No.4, which he had admitted to the world media after becoming the Prime Minister of India. 23) Because the matter pertaining to the disqualification was referred to the Election Commission of India for referring the same to the President Of India by Srimati Sushama Swaraj, than Minister after consultation with Sri Arun Jaitelly than Law Minister and also Sri R.V. Bhasin, all Advocates practicing at Supreme court of India, but it appears that on account of the status of the respondent No. 4 being the president of Indian Congress party, no body could take any decision in the matter. Since the Respondent No. 4 is now contesting again the election as to become full fledge prime Minister Of India and is having allegiance and adherence to the foreign Country, Particularly Italy, where she owns the property namely the House, as she has herself disclosed on affidavit submitted to the District election officer/District Magistrate and also have her affiliation with Political parties of such Nation and since the election process has now started again , the declaration of the result of such result may be withheld till the decision may not be taken by Election Commission in this regards. 24) Because the extracts passages written in all the three books may further disclose the game is played with the country men by the guardian of our nation to whom the people in India have always regarded as equivalents to the father of the Nation and they were trusted as head of the Government. The deceptive approach may be visualized from the passages of all the three books, “The Nehru Dynasty”, Written by Astrologer K. N. Rao, “Reminiscences of the Nehru Age” written by Sri M. O. Mathai (a longtime private secretary, of Jawaharlal Nehru) in his renowned (but now suppressed by the GOI) and Mohammad Yunus book, ‘Persons, Passions & Polities’ which have been suppressed from the approach of general public or being suppressed by Govt. Of India. Prayer It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to :- 1)issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the matter relating to the disqualification of the respondent no. 4 pertaining to her adherence and allegiance to the foreign state namely Italy, for which, the matter was already represented for having the decision thereof after the previous election , under article 103 of Constitution of India to the President of India and till the decision was not taken by the respondent no. 2, the election result in furtherance of the election of Respondent no. 4 may not be declared. 2)issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to produce the books namely ”The Nehru Dynasty” written by Sri K. N. Rao, Reminiscences of “Nehru Age” written by his long time private secretary, Sri M. O. Mathai and Book written by Mohammed Yunus book person “Persons, Passion & Politics”. For the perusal of this Hon’ble Court to confirm the authenticity of the Article published by the Hindu Writers Forum filed as Annexure 4 to this writ petition 3) Any other order or direction /writ, which may deemed fit by the Hon’ble Court. Dated 3rd May,2006 (Yogesh Kumar Saxena) Advocate Counsel for the Petitioner Chamber No. 139, High Court, Allahabad IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD Bench at Luck now Civil Misc. Ad- Interim Application No. of 2006 (Under Chapter XXII Rule 1 of the Rules of the Court read with section 151 C. P. C. ) Civil Misc. writ Petition No. of 2006 ( Under Article 226 of constitution of India) District- Raibarelly Ravi Kant Khare, (Baba Ji) S/O Sri Rama kant Khare, Journalist/ Writer/Publisher and President of Sarva Hitkari seva Sansthan,(unregistered Society of elite citizens, scholars, Advocates and Writers)., R/O D.S.- 13, Nirala Nagar, Lucknow- 226020 ----Petitioner Versus 3. Union of India through its Secretary of Human Resources Ministry,
Posted on: Fri, 18 Apr 2014 03:42:56 +0000
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