- (1.) THIS petition, which purports to be in public interest, is by two petitioners. The first petitioner is a serving officer in the Indian Police Service and has stated that he has worked in the State Intelligence Organization. The second petitioner, who is the spouse of the first petitioner, has stated that she is a social activist. The reliefs which the petitioners seek are as follows: "a. to kindly issue a writ of mandamus to the two respondents to stop the misuse of the Intelligence organizations - the Intelligence Bureau under the Government of India and the Intelligence Department/Intelligence Headquarters under the UP Government for any kind of political information and political intelligence, along with election related intelligence gather, as explained in the writ petition and/or otherwise, that is associated merely to political activities of various political organizations and does not have anything to do with law and order, public order, national security etc. which would warrant collection, analysis and dissemination of such information. b. to kindly issue a writ of mandamus to the two respondents to frame modalities, methodologies and means so as to ensure the directions issued by this Hon'ble Court in prayer (a)..."
(2.) THE affidavit in support of the writ petition under Article 226 of the Constitution has been deposed to by the second petitioner on behalf of the first petitioner as well, and it has been stated that the contents of various paragraphs in the petition are true to her personal knowledge. The first petitioner has argued the petition in person.
(3.) AT the hearing of the petition, a preliminary objection has been raised to the maintainability of the writ petition on the ground that the petitioners are meddlesome interlopers who have a track record of filing successive petitions purportedly in public interest. Learned counsel appearing on behalf of the Union of India has placed on record information which he has downloaded from the official website of the High Court at the Lucknow Bench which indicates that in 2010 the second petitioner had filed seven petitions; in 2011 ten petitions or, as the case may be, proceedings, and in 2012 twenty seven proceedings. In 2013, as many as 65 proceedings either by way of writ petitions, contempt petitions or revisions have been filed. A compilation has been placed on record containing diverse orders passed by this Court. Essentially, the basis of the writ petition, as indicated in the reliefs which are sought, is that the Union of India and the State Government must stop, what is described as a misuse of intelligence organizations "for any kind of political information and political intelligence along with election related intelligence" because that is associated merely with political activities of various political organizations which does not, according to the petitioners, have anything to do with law and order, public order and national security.;