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Judgment
R.S., CJ
[1] Heard Mr.A.Jagjit, learned counsel for the petitioner and Mr. N.Kumarjit learned Advocate General for the respondents.
The prayers in this PIL are as follows:-
"i) to direct the Res. No.1 to 3 to arrange full proof mechanism to ensure that no obstruction is given to pilgrims and other tourists who come to visit the holy Shrine of Kaina.
ii) to book and arrest Shri L.Magha Singh, President, Kaina Development and Protection Organization, Poirou Khongji and his followers for their deliberate indulgence of imposing illegal prohibition/blockade to the entry of pilgrims.
iii) to direct Resp. No.1 to 3 to open one police picket/outpost so that the safety of the tourists and pilgrims are provided to."
[2] By this PIL, the petitioner is praying for the intervention of this Court and direct the respondents No. 1 to 3 to arrange full proof mechanism to ensure that no obstruction is given to pilgrims and other tourists who come to visit the holy Shrine of Kaina.The respondents No. 1 to 3 are silent, though they are very well aware of the fact that respondent No. 4, which is a registered organization, have illegally imposed blockade in all the public roads leading to the holy shrine of Kaina thereby restricting the pilgrims/devotees from offering Puja at Shri Shri Govindaji Temple of Kaina. The illegal acts of the respondent No. 4 have not only thwarted the petitioner and other similarly situated persons from professing religion in terms of their religious belief but also infringe their fundamental right of moving around. The obstruction caused by respondent No. 4 along the public road is illegal and suitable action is needed. Aggrieved by the illegal act of respondent No. 4 and the silence of the respondent State machinery, the present Public Interest Litigation is filed.
[3] At the outset, it is pointed out that prayer No.ii (i.e.) to arrest is not the concern of this Court in this Public Interest Litgiation as there is no scope for entertaining such a plea merely on the basis of a wild allegation of the petitioner. If he is aggrieved, he can give a complaint which will be dealt with in accordance with law and the affected person may have a right to defend himself. Hence, relief No.ii is rejected as mis-conceived.
[4] In so far as ensuring that a proper pathway is available for the pilgrims and tourist who wants visit the holy shrine of Kaina is concerned, it is stated that there was some disturbance by members of certain community and the local people as one of them wanted to take control of the affairs of the temple. In this regard, we called upon the learned Advocate General to get instruction.
[5] Today, when the matter is taken up, learned Advocate General, on instruction both from the Deputy Commissioner and Superintendent of Police, states that there is no such obstruction for pilgrims or tourists who wish to visit the holy shrine of Kaina. He stated that police picket has been posted and if there is any disturbance caused by any individual, the person concerned can give a complaint to the police and suitable actions will be taken.
[6] We record the said statement of the learned Advocate General.
[7] In view of the above position, no further adjudication is required. Accordingly, the PIL stands disposed of.