Bharat Swabhiman Trust v. Deputy Commissioner And District Magistrate
2014-04-11
ASHOK B.HINCHIGERI
body2014
DigiLaw.ai
ORDER Sri H.V.Manjunath, the learned Additional Government Advocate is directed to take notice for the respondents. 2. The petitioner has called into question the second respondent’s order, dated 07.04.2014 (Annexure C) withdrawing the permission to hold ‘Yoga Deeksha’ programme at Chitradurga on 12.04.2014. 3. Sri Anantha Mandagi, the learned Senior Counsel appearing for Sri Ashwin Chikkamath for the petitioner submits that the Yogashibira is being conducted by Sri Baba Ramdev. He submits that the Yogashibiras are being conducted at Bhalki, Humnabad and Bidar today. These kinds of shibiras are only for the purpose of bringing about the Yogaawareness. 4. The learned Senior Counsel submits that all the arrangements are made for holding the Yogashibir. Having granted the permission to hold the Yogashibir, as is evident from the second respondent’s order, dated 04.04.20124 (Annexure-B) and there being no change in the circumstances, the respondents are not justified in withdrawing the permission. He submits that the permission is granted on 04.04.2014 and on the very next day, that is on 05.04.2014, the second respondent recommended its withdrawal. 5. The learned Senior Counsel reads out the undertaking which the petitioner has furnished in para 20 of the memorandum of the writ petition. The same is extracted hereinbelow: “20. The petitioner undertakes: a) Not to violate the terms and conditions laid down in the permission granted by the respondents. b) Not to invite/participate political leaders either during the conduct of free yoga camp programme. c) Not to address any political speech during the conduct of the free yoga camp programme. d) To conduct the programme for which the permission was granted on 04.04.2014 by the respondent Nos. 1 and 2 and not for any other purpose. e) Not to display any banners/posters of any political party. f) To submit the details of expenditure incurred for the conduct of the free yoga camp programme to the concerned authorities and to ensure that no political party shall take advantage of the free yoga camp for their personal interests. g) To submit the video of the entire free yoga camp programme to the concerned authorities.” 6. Sri A.G.Shivanna, the learned Additional Advocate General submits that the Yogashibira is being conducted with the political agenda. He takes serious exception to the petitioner not producing pamphlet at Annexure-A in its entirety. 7. Sri Shivanna contends that Sri Baba Ramdev has identified himself with a particular political party.
Sri A.G.Shivanna, the learned Additional Advocate General submits that the Yogashibira is being conducted with the political agenda. He takes serious exception to the petitioner not producing pamphlet at Annexure-A in its entirety. 7. Sri Shivanna contends that Sri Baba Ramdev has identified himself with a particular political party. He has been attending the rallies of that party. He is concerned with its prospects. The learned Additional Advocate General would therefore justify the decision of the Government to withdraw the permission granted earlier to conduct the Yogashibir. 8. The learned Additional Advocate General submits that the Government would have no objection to the conducting of Yogashibir by Sri Baba Ramdev provided Baba Ramdev and other organizers and sponsors of the function undertake not to use the Yogashibir for any political purpose. 9. The submissions of the learned counsel have received my thoughtful consideration. 10. This is a case, in which the interests of the petitioner, of the Government and of the society have to coalesce. The petitioner has made all the arrangements for conducting tomorrow’s Yogashibir programme in Chitradurga. As of now, it is not the case of the respondents that the permission granted to the petitioner to conduct the Yogashibir programme in Bidar is being misused or abused. 11. The respondents’ anxiety is that the petitioner or Sri Baba Ramdev should not use the forum or shibhir of Yoga in Chitrdurga for any kind of political or electioneering purpose. 12. To safeguard the interests of all concerned and to meet the ends of justice, I pass the following order: (i) The respondents shall permit the petitioner to hold the ‘Yogadeeksha’ programme in Chitradurga on 12.04.2014. (ii) The petitioner shall adhere to the undertaking furnished in para 20 of the memorandum of the writ petition, extracted supra. (iii) The petitioner shall not use the Yogashibira to be conducted in Chitradurga tomorrow for any political purpose directly, indirectly, accidentally or remotely. (iv) Yogashibira has got to be apolitical. (v) Needless to observe that it shall be open to the respondent No.2, or any other officer deputed by him, to observe the ongoing activities in Yogashibir at Chitradurga on 12.4.2014. 13. In the result, this petition is conditionally allowed. No order as to costs.