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Judgment
M. Karpagavinayagam, J.—This Writ Petition has been filed as a pro bono publico, seeking for a declaration, that criminal proceedings
whatsoever shall not be instituted or continued against the Protestant Hindus Rajarishi Sankarachariar Jayendra Saraswathi Swamigal of Kanchi
Peetam or Arya Nagarjuna Shurie Sasai of All India Buddhist Mahasabha, Nagpur, or Sardarini Jagir Kour of Shironmani Gurudwara Prapanda
Committee, Amritsar, or a Christian or a Muslim Head from any Court, during their occupation of offices, attracting the conventionality of Article
361(2) and 26-B of the Constitution of India.
On the basis of the above prayer, elaborate arguments are advanced by Mr. MO.Kandasamy Singh, party-in person.
We have heard the petitioner patiently for about 45 minutes.
When this Court questions Mr. Kandasamy Singh, party-in-person, as to the power of this Court to give such a declaration, he is not able to
give proper answer. In our view, the prayer, as referred to above, is quite misconceived.
Petitioner asked for a prayer that all the religious heads, Sankaracharyas, Rishis or Rajarishis be exempted under Article 361 of the Constitution
of India, from initiation of criminal proceedings against them, during the period of assumption of their office.
The said request cannot be entertained, because, we are in the judiciary in circumscribed limits, in which we are not expected to give any
direction to Parliament, to amend any Articles of the Constitution.
But, at last, Mr. Kandasamy Singh, having realised his difficulty in convincing the Court, has asked for permission to withdraw the matter.
However, we are not inclined to give permission to withdraw the petition, since this Court considers this petition as not a Public Interest Litigation,
but a Publicity Interest Litigation. Therefore, it would be appropriate to impose heavy costs on the petitioner. At this stage, the petitioner pleads
that he is penniless and he would not be able to pay heavy costs. Hence, this Court feels it proper to impose costs of Re.1/- on him. He represents
that he would pay one rupee towards costs in the course of the day. Accordingly, he is directed to pay the said costs of Re.1/- to the Madras High
Court Advocates'' Association, Madras, today itself.
With the above observation, this Writ Petition is dismissed. Also, W.P.M.P.No.5747 of 2005 is dismissed.