- (1.) THIS petition in the nature of Public Interest Litigation seeks the issuance of a writ, order or direction in the nature of mandamus directing the Central Government for issuing necessary directions to ensure safety and secu rity of the inhabitants of their State (Uttar Pradesh) residing in Mumbai and other parts of the State of Maharashtra.
(2.) IT also makes a prayer for issuing a direction to the Election Commission of India to derecognise and cease the symbol allotted to Maharashtra Nav Nirman Sena, a political party presently being chaired as President by Sri Raj Thackrey. Relying upon the paper reports and the telecast on different TV channels, the petitioners, who are practising advocates, have filed this petition, expressing their deep and grave concern over the happenings in the State of Maharashtra and the alleged deliberate or otherwise inaction on the part of the State Government of Maharashtra in not making any effort and taking steps for controlling the wholly unconstitutional and riotous disorder created in Mumbai and other parts of the State of Maharashtra putting the life of non-Maharashtrians and in particular of the North Indians in peril? The incidents of beating and humiliating the non-Maharashtrians and in particular, inhabitants of Uttar Pradesh and hindi speaking belt, have prompted the petitioners to seek the aforesaid directions. Placing reliance upon the provisions of Article 19 (i) (d) and (e), it has been submitted by Sri Ashok Pandey, one of the petitioners in person, that the attempt to throw out the inhabitants of Uttar Pradesh or to say non-Maharashtrians, out side the State of Maharashtra and not to allow them to settle there, is gross violation of the aforesaid provisions of the Constitution and also violates the guar antee given in Article 301 of the Constitution. According to the petitioners, this amounts to infringement of the fundamental rights of the citizens of this country and cannot be allowed to be perpetrated nor can be allowed to go unchecked.
(3.) THE petitioners argue that since the State Government of Maharashtra as well as the Central Government have failed to discharge their constitutional obli gations, such action are likely to effect the sovereignty and integrity of the Indi ans, which has to be protected and honoured by one and all, without any excep tion. THE Central as well as the State Government are under an oath to protect the citizens of this country, wherever they may reside, go or settle. In response, Sri Alok Kumar Mathur, learned counsel for the Union of India, has submitted that this petition itself is not maintainable for the follow ing reasons: 1. This Court at Lucknow is having no territorial jurisdiction to issue any direction to the State of Maharashtra or the Union of India, as no cause of action or part thereof, has accrued within its jurisdiction; 2. The petitioners though, in substance, seek interference by the Central Government against the State of Maharashtra, but the latter has not been impleaded as a party; 3. Likewise, derecognising the political party headed by Sri Raj Thackrey, is the prayer but neither the party nor Sri Raj Thackrey has been impleaded; 4. There is no material on record supported by any evidence, even of primary nature, so as to infer about the vague allegations with respect to the alleged incidents of beating and humiliating the residents of Uttar Pradesh, in Mumbai or in other parts of Maharashtra, which is allegedly the cause of action for filing the petition at Lucknow. Mere self-assessment of the petition ers that the Central Government or the State Government, if necessary and if the circumstances warrant, would not take appropriate measures, as required under law, cannot be a ground for assuming any inaction on their part; and 5. Maintenance of law and order in the State and giving protection to all the persons in the country, is the duty and obligation of the State, may be the State Government or the Central Government, in which domain, the High Court would, rarely tread in.;