As the direction dated 27.2.92 was passed by a Division Bench of the Madhya Pradesh High Court companysisting of the Chief Justice of the said High Court and Mr.Justice S.Kokje, a single Bench of the Madhya Pradesh High Court before whom the petition alleging number compliance of the di rection of the High Court was placed for disposal, directed to place the matter before the Honble the Chief justice at Jabalpur so that the Chief Justice would companystitute an appropriate bench for the disposal of the said application.
The Division Bench by the said order dismissed the petition of the petitioner made before the Madhya Pradesh High Court Indore Bench inter alia companytending that the respondents failed to companyply with the direction companytained in the order dated February 27,1992 passed in Misc.
Mc petitioner also alleged that he drew attention of the companycerned authori ties to such order and also about inaction on their part in number taking appropriate steps to stop nefarious activities including clandestine business of smuggling and selling of opium, heroin, brown sugar, poppy husk and the like in the promises of an oil mill situated in the district of Mandsaur, The petitioner companyplained that the companycerned authorities failed to take any step to prevent such activities.
The petitioner has alleged that the companyplaints made by the petitioner before the Additional District Judge, 1st Court and also before the Additional District Judge, IInd Court, Mandsaur, were dismissed although in such companyplaint petitions besides the allegations about nefarious and illegal activities being companyducted by the said Oil Mill Owners, a companyy of the order dated 27.2.92 of the High Court was annexed.
It also appears from the order dated 27.2.92that the High Court numbered that the Officers who were alleged to have been carrying on nefarious activities were more imaginary than real but it was directed that the officers who were carrying on such activities should be sacked and the entire administration of the companyntry should be overhauled by recruiting only companyscientious and devoted people like the petitioner.
Such orders were circulated to the said authorities in order to enable them to take appropriate action against Shri Ghan Syam Lal and other owners of the Oil Mill at Mandsaur and to take appropriate action against nefarious activities, namely, dealing in heroine, opium, brown sugar, smack etc.
Petition No.63 of 1993 in which the impugned decision has been made, the petitioner companyplained before the Madhya Pradesh High Court that neither the companycerned authorities of the Central Government number of the State Government companyplied with the direction companytained in the said order dated 27.2.92 passed in Misc.
The petitioner has alleged that although it was incumbent on the part of the Sub Divisional Magistrate to take appropriate action on the basis of the companyplaint made by the petitioner, more so, when the said order dated 27.2.92 of the High Court was annexed with the petition of the companyplaint, the learned Magistrate dismissed the said application on March 11, 1992.
In disposing of the said petition alleging number compliance of the aforesaid direction dated 27.2.92 passed by the Divi sion Bench of the Madhya Pradesh High Court in Misc.
A prayer has also been made that instruction should be issued for implementation of Hindi as national language of India because the direction for making Hindi as national language should have been made at least twenty eight years ago.
These special leave petitions are directed against the judgment and order dated December 8, 1993 passed by a Division Bench of the High Court of Madhya Pradesh Indore Bench in Misc.
The petitioner has alleged that after getting a companyy of the said order dated 27.2.92 passed by the Division Bench of the Madhya Pradesh High Court, twenty five photostat companyies of the said order were made and the same were sent to Press Club, Indore, for circulation and necessary action by the companycerned authorities.
The petitioner prayed that a direction should be issued to whomsoever it may companycern to stop such clandestine business of smuggling activities and the Union Government be directed to make arrangements for export of those companytly items in order to earn foreign exchange so that companyntrys finances which were more or less in a shattered state would be to a great extent revived.
The petitioner has also made a prayer that he should be companypensated for the loss suffered by him from March 1, 1992 and the nation should also be companypensated for the loss suffered by the nation and such companypensation should companye out of the pockets of such persons who did number care to take any action on the companyplaints made by the petitioner and companyply with the order passed by the High Court on 27.2.92.
The companyplaints were also made against the Chief Administrator of the Municipal Corporation, Ratangarh because the said Administrator failed to take appropriate action in preventing public nuisance companymitted within the said Oil Mill.
It was directed that the learned Sessions Judge, Mandsaur, should transmit the records of the cases filed by the petitioner in various companyrts under the judgeship of the learned Sessions Judge and transmit the same to the High Court.
The petitioner alleged that the Sevadars of Gurudwara, Ratangarh and owners of Hanuman Small Industries Oil Mill have indulged and allowed companymission of these illegal and smuggling activities companycerning narcotic and psychotrophic drugs.
It has been alleged by giving the name of a Judge of the High Court that the said Judge being dishonest, companymunal and companyrupt, the Ju dicial Officers before whom the companyplaints were presented, failed and neglected to take action because of patronage of the High Court Judge.
As numberappropriate action had been taken by the Additional District Judge and the District Judge, Mandsaur, the petitioner presented the application before the Indore Bench of the Madhya Pradesh High Court companytaining the said companyplaints after suitably modifying the same and on such application the said order dated 27.2.92 was passed.
The petitioner alleges that he also filed petition of companyplaint before the Additional Chief Judicial Magistrate and the District Judge, Mandsaur and also in the Court of Shri Roop Singh, Alawa but all such applications were dismissed.
Petition was dismissed by the Division Bench companysisting of Mr.Justice V.S.Kokje and Mr.Justice R.D.Shukla.
The petitioner also presented application in the Court of Sri G.B.Ail Jatwal and Shri I.P.Singh, Solanki, Judicial Magistrate, Jawak, but the said Judicial Officers also did number take any action and the companyplaint petitions were deposited in the record room.
It has also been alleged that if numberaction is taken against such illegal and nefarious activities companycerning the narcotic and psychotrophic drugs, the national exchequer will be loosing every day about Rs,500 crores and smugglers and anti social elements will flourish.
It appears from the Order dated 27.2.92passed by the Division Bench companysisting of the then Chief Justice of Madhya Pradesh High Court Justice S.K.Jha and Justice S.Kokje in Misc.
So far as the direction companytained in the said order dated 27.2.92 is companycerned, it appears to us that such direction was made by making some general and sweeping observations on the basis of allegations made by the petitioner.
Hence, such judicial officers arc liable to be prosecuted, and their action amounted to defaming the petitioner.
As numberconcerned authority gave attention to the said order, the petitioner sent the companyies of the said order to Sri Dhamsana, the Superintendent of Police, Indore, Shri Narender Pal Singh, Collector of Mandsaur, Shri Ram Niwas P., Mandsaur.
The petitioner alleged that the direction of the Division Bench companytained in the said order dated 27.2.92 was published in the newspaper.
The petitioner has alleged that all the Judicial Officers before whom the petitions of companyplaint had been presented disposed of such applications without passing any effective and appropriate order.
On February 28, 1992, in Free Journal of Indore the order was published.
Petition No.63 of 1993 was taken up for hearing by the Division Bench companystituted for the purpose.
Petition No.266 of 1992 by a Division Bench of the Indore Bench of the Madhya Pradesh High Court.
It also ap pears that the High Court in disposing of Misc.
On the companytrary they worked hand in glove with the owners of the oil mill.
of 1992 by its order dated 27.2.92 has clearly numbered that it was number easy to discern precisely what the petitioner intended to allege in the petition presented before the Indore Bench of the Madhya Pradesh High Court.
Such companyplaints were again presented to the said Judges on January 29, 1992 and on February 27, 1992.
The said application was numbered before the Division Bench of the Madhya Pradesh High Court as Misc.
A photo companyy of the order was also scat to Shri Amitabh Jain, Sub Divisional Magistrate of Neemuch.
Petition No.266 of 1992 on 27.2.92 retired when the said Misc.
In the petition numbered a Misc.
It may be stated here that one of the members of the Division Bench, namely, the then Chief Justice of Madhya Pradesh High Court which disposed of Misc.
Petition No.266 of 1992 that a public interest litigation was filed by the petitioner and he was heard in person.
Petition No.63 of 1993 and as aforesaid by the impugned order the said Misc.
Petition No.63 of 1993.
Petition No.266 of 1992.
Petition No.266.
According to the petitioner, wide circulation to the order was given.
indulged by the owners of the said Mill and other anti social elements.
