The Calcutta High Court has dismissed a public interest litigation petition seeking a declaration that the chanting of Jai Shri Ram be declared a fundamental right..The petition had been filed by advocate Partha Ghosh, who had sought Court’s intervention in the alleged penal action initiated against various persons by the State of West Bengal for chanting Jai Shri Ram..A Bench of Justices Thottathil B Radhakrishnan and Arijit Banerjee dismissed the case while also expressing its amazement at a writ petition having been filed for the same particularly since an FIR had already been stated to have been lodged with regard to a particular incident..The order says,.“We are amazed at the manner in which this writ petition is filed seeking a declaration that it is part of fundamental right of a citizen to worship Lord Rama and to chant “Joy Sree Ram”. We say this in the context of the fact that the cause of action, which is attempted to be projected to sustain this writ petition, is an FIR stated to have been lodged or prayed to be lodged by S.I. Bhim Chandra Patra, Bhatpara I.C. under Jagaddal P.S., BKPC, reporting a particular incident..If an FIR is registered and if due investigation and enquiry discloses any cognizable offence, law will take its due course, the Court said. The Court also observed that if any person is aggrieved by any action in the jurisdiction of the police or of the court in taking cognizance, he/ she has various avenues for challenging that..The Court also dubbed the issue as searching for a black cat in a dark room..“We are not inclined to permit the contents of Annexure “P2” to the writ petition to be utilised for generating an issue, which is as of now, like searching for a black cat in a dark room, which is not at all there.”.It, therefore, dismissed the petition..[Read Order].[Read Petition]
The Calcutta High Court has dismissed a public interest litigation petition seeking a declaration that the chanting of Jai Shri Ram be declared a fundamental right..The petition had been filed by advocate Partha Ghosh, who had sought Court’s intervention in the alleged penal action initiated against various persons by the State of West Bengal for chanting Jai Shri Ram..A Bench of Justices Thottathil B Radhakrishnan and Arijit Banerjee dismissed the case while also expressing its amazement at a writ petition having been filed for the same particularly since an FIR had already been stated to have been lodged with regard to a particular incident..The order says,.“We are amazed at the manner in which this writ petition is filed seeking a declaration that it is part of fundamental right of a citizen to worship Lord Rama and to chant “Joy Sree Ram”. We say this in the context of the fact that the cause of action, which is attempted to be projected to sustain this writ petition, is an FIR stated to have been lodged or prayed to be lodged by S.I. Bhim Chandra Patra, Bhatpara I.C. under Jagaddal P.S., BKPC, reporting a particular incident..If an FIR is registered and if due investigation and enquiry discloses any cognizable offence, law will take its due course, the Court said. The Court also observed that if any person is aggrieved by any action in the jurisdiction of the police or of the court in taking cognizance, he/ she has various avenues for challenging that..The Court also dubbed the issue as searching for a black cat in a dark room..“We are not inclined to permit the contents of Annexure “P2” to the writ petition to be utilised for generating an issue, which is as of now, like searching for a black cat in a dark room, which is not at all there.”.It, therefore, dismissed the petition..[Read Order].[Read Petition]
