- (1.) THIS petition has been filed under the garb of public interest litigation arraying State of U.P through Chief Secretary Lucknow, Chief Minister (by name) Director CBI New Delhi, Nishant Goyal CorRespondent Tehalka Uttrakhand Vesheshank through Editor Tarun Ji Tejpal and Atul Chaurasia Correspondent Tehalka.
(2.) THE Petitioner himself appeared in the Court and pressed the petition by arguing the case. He claimed to be Senior and a Citizen eminence who, it is further claimed, is conscious of duties and rights and also claims to be fighting effortlessly for vindication of truth. He also drew attention to the identity card issued by the General Manager Railways on 12.4.1999. The reliefs sought in the petition is to issue mandamus to remove banner and posters hung prominently at various places dotting the roads and streets at Lucknow, to issue further mandamus not to grant permission for the congregation to be held on 15.3.2011, to issue a further mandamus to compensate the employees by paying them wages for two days as may be calculated, to be recovered from the coffer of BSP. and to award cost to the petition for the expenses incurred in filing the present petition.
(3.) THE Petitioner, to begin with, has referred to the banner headlines published in news paper Dainik Jagran issuing from Varanasi dated 12th March 2011 which read "Kanshiram Jayanti Par Lucknow Saj Dhajkar Tayyar" (Lucknow decorated for Kanshiram Jayanti) further stating that it is nothing but a show of strength to browbeat the oppositions. It is also alleged that the congregation being organised is a precursor of ensuing Assembly election and the BSP Supreme has been organising the function keeping the entire public and administration in dark to achieve her nefarious and condemnable designs. It is also alleged that the Chief Minister has amassed unaccountable wealth and has enriched her near and dear ones and her family members by ill gotten money and while alleging he has referred to pages 44 to 50 of Tehalka Magazine in its issue dated 15th March 2011 further stating that the Magazine aforesaid had ample proof to bring home the guilt to her. The Petitioner has also made allegation against the fairness of investigation conducted by the CBI quipping that the CBI has softened up the culpability of BSP Supreme on the dint of money power splashed on it by the BSP Supreme. The Petitioner has also referred to the decision of Lucknow Bench whereby a sum of Rs 50 lac has been awarded against the person who had made unsustainable allegations against Rahul Gandhi and by referring to the decision, he has prayed that in case the correspondent of Tehalka does not furnish sustainable proof to what they have mentioned in the issue, they should also be punished by awarding exemplary cost.;