Maulana Ansar Raza v. Udhav Thackrey and Ors

JAYANT NATH, J AUGUST 22, 2014 'anb'

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4741/2014 Reserved on: 06.08.2014 Pronounced on: 22.08.2014 MAULANA ANSAR RAZA ..... Petitioner Through: Mr.Nawal Kishore Jha, Adv. Versus UDHAV THACKREY & ORS. ..... Respondents Through: Mr.Sanajy Jain, ASG along with Mr.Anil Soni, Mr.Naginder Benipal, Advs. for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH Ms.G.ROHINI, Chief Justice: 1. The petitioner, who claims to be the Chairman of a NGO Gharib Nawaz Foundation, pleads that he is a social activist and works for betterment of the society. The present writ petition is filed purportedly in public interest seeking directions to immediately arrest the Members of Parliament of Shiv Sena for allegedly provoking religious sentiments of minority communities by forcing a Muslim Catering Supervisor at the New Maharashtra Sadan, New Delhi, who was fasting for Ramzan, to eat chapati. 2. It is averred by the petitioner that the facts mentioned in the writ petition are based on the reports of print and visual media about the alleged action of Members of Parliament from Maharashtra whereby they had force fed 'chapattis' to a 'rozedar' Muslim Resident Manager at Maharashtra Sadan. Contending that the said action of the Members of Parliament provokes religious sentiments of the citizens of India, the petitioner sought the following reliefs:- a) Direct the Speaker of both the houses of Parliament to initiate disqualification process of these Members of Parliament being unbecoming the Member of Parliament after the incident at New Maharashtra Sadan, b) Direct the respondent Union of India, i.e., Home Ministry to immediately arrest all those involved Shiv Sena Member of Parliament in the incident. c) Direct the Election Commission to start the procedure for de-recognizing the Shiv Sena party after this incident according of Representative of Peoples Act, d) Direction the respondent Union of India to form a special investigation team under the Chairmanship of sitting High Court Judge to inquire this matter and place report before this Hon'ble Court under the sealed cover. 3. We have heard the learned counsel for the petitioner. 4. The learned Additional Solicitor General, Shri Sanjay Jain who appeared on behalf of the respondent No.14 - Union of India on advance notice, at the outset has brought to our notice that the issue sought to be espoused in the instant writ petition has already been taken note of by the Department of Home and after making the necessary enquiry, the Home Minister on 25.07.2014 made a statement in the Parliament that the incident was regrettable and unfortunate and that the Government is committed to safeguard religious freedom guaranteed by the Constitution to its citizens. A copy of the statement made by the Home Minister has been placed before this Court which reads as under:- "According to a report received from the Government of Maharashtra on 17.07.2014, at around 11.30 a.m. a few Hon'ble Members of Parliament from Maharashtra expressed their objection to the quality of food being served by IRCTC at New Maharshtra Sadan. Thereafter, they demanded immediate discontinuation of IRCTC services there. 2. It has also been informed that they entered the Camp Office and also the kitchen room of the Resident Commissioner at New Maharashtra Sadan and expressed their objection. Thereafter, they reportedly tried to feed as 'Chapati' to Shri Arshad Zubair, Resident Manager of IRCTC while taking exception to the quality of food being served. 3. Subsequently, the IRCTC terminated their contract with the Maharashtra Sadan by a letter, dated 18.07.2014 for providing Catering and IT services. It has been informed by the IRCTC that their decision to the aforesaid effect is final and irreversible. No complaint has been filed by Shri Arshad Zubair with the local police. The Resident Commissioner of Maharashtra Sadan has apprised the Office of the Chief Secretary, Maharashtra of this matter. However, no complain