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2025 DAILYLAW 186669 (ALL)

HINDU FRONT FOR JUSTICE THRU. NATIONAL CONVENOR SHARAD CHANDRA SRIVASTAVA AND 8 OTHERS v. UNION OF INDIA, THRU. SECY. MINISTRY OF HOME AFFAIRS,GOVT OF INDIA,NEW DELHI AND 5 OTHERS

/1230/2025 · 2025-12-04

Indrajeet Shukla, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1230 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 2. By means of this petition, the petitioners have sought the following reliefs: "A. A writ order or direction in the nature of mandamus be issued commanding the opposite parties, to take effective and forceful steps to protect and, prevent the denigration, dishonour, disfigurement, and desecration of Devta, pursuant to its duty as the State/Government Authorities to maintain public order, morality and decency. B. A writ order or direction in the nature of mandamus be issued commanding the Governmental Authorities/State to ensure that such incidents of burning of religious books, vile picturisation, insult, denigration and desecration of Idols and Devta (as highlighted in the Petition) shall not take place again. C. A writ order or direction in the nature of mandamus be issued commanding the Governmental Authorities/State to review the effectiveness of the current existing legal framework, i.e. Sections 295, 295A, 298, 153A, 153B, and 505 of IPC (Now BNS Sections-196, 298, 299, 300 and 302), in light of the issues highlighted in this Petition. D. A writ order or direction in the nature of mandamus be issued commanding the Govenmental Authorities/State to abide by the mandate Versus Counsel for Petitioner(s) : Ranjana Agnihotri, Utkarsh Pratap Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Hindu Front For Justice Thru. National Convenor Sharad Chandra Srivastava And 8 Others .....Petitioner(s) Union Of India, Thru. Secy. Ministry Of Home Affairs,Govt Of India,New Delhi And 5 Others .....Respondent(s) of Article 7 of UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief, of which India is a Member State. " 3. We have also gone through pleadings in the writ petition, paragraph no.4 of which is relevant as it helps to understand the nature of the relief claimed. It reads as under: "4. That the petitioners, since long, have been aggrieved from the Denigration, Dishonouring and Disfigurement of Devta (Devta includes Lord Vishnu, Lord Ram, Lord Krishna, Lord Shiva, Lord Bramha, Maata Sita, Goddess Durga, Devi Radha and Bramhins etc. hereinafter referred to as "Devta"), and burning and insulting of religious books (Ramcharitmanas, Manusmriti, Bhagvad Gita, Valmiki Ramayana and other sacred books and scriptures of Hindus, hereinafter referred to as "Sacred Books"), and have approached this Hon'ble Court for the protection and enforcement of their fundamental/human rights guaranteed under article 21 and 25 and a plethora of instruments and treatise of International Law." 4. A general mandamus has been sought by the petitioners as is evident from a reading of the relief clause. The petitioners' counsel while responding to our query as to whether there are laws in place in this country to deal with the situation as referred in the relief clause or not, submitted that no doubt statutes and laws are there but they are ineffective. 5. We have gone through the documents annexed with the writ petition. Various examples have been given in support of the pleadings of the writ petition but we find that separate writ petitions have been filed for separate causes as mentioned in the writ petition, many of which are pending and some have been disposed of. As regards, the case at hand, the relief sought is not in respect of any specific incident or against any person who may have committed any such incident as is alleged in the writ petition or the relief clause. In fact, no private party has been arrayed herein, therefore, an omnibus/general mandamus has been sought, we are of the opinion that implementation of the existing laws is in the domain of the executive and making of new laws or amending the existing laws so as to make them effective lies within the domain of the legislature. For relief C or relief D also, the petitioners can approach the concerned Ministry/Department of the Government of India. 6. We, therefore, dispose of this writ petition with the liberty to the WPIL No. 1230 of 2025 2 petitioners to approach the concerned Ministry/Department of the Government of India or the State Government, as the case may be, who may have a role to play with regard to the grievances raised in the writ petition which has been filed as a public litigation which can be considered by them as per law and needful shall be done to redress the same. December 4, 2025 Pratima WPIL No. 1230 of 2025 3 (Indrajeet Shukla,J.) (Rajan Roy,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench