Swami Gyan Swaroop Sanand vs State of Uttarakhand and others

RAJIV SHARMA, J. (ORAL)

ALOK SINGH, J.

The petitioner is 86 years old Sanyasi. He was Scientist and Professor of IIT, Kanpur. He has devoted his life to preserve, protect and conserve the

holy river Ganga. He has undertaken fasts and protested for holy river Ganga earlier also. He has also raised his voice against the construction of

power projects on holy river Ganga. The construction of four hydroelectricity projects on the Rivers Bhagirathi, Palmanery, Lohari Nagpal and

Bhaironghati was shelved.

He is on fasts since 22nd June, 2018 at Maitri Sadan, Haridwar for protecting and preserving the holy river Ganga. He has asked for Central

Legislation to protect the holy river. He was on fast inside the premises of Maitri Sadan. However, on 10.07.2018, the police forcibly barged into the

premises of Maitri Sadan and he was forcibly removed/taken away by the Police to some unknown destination. The entire incident was recorded in

CCTV camera and photographs were taken on the spot. Petitioner has placed on record the photographs.

The petitioner is aggrieved by the inhuman manner, in which he was forcibly removed from the spot. It is further averred that the petitioner was

removed from the spot by the respondent no. 6.

Petitioner was served with a notice to end the fast by the District authorities. There was no occasion for him to end the fast since he was hale and

hearty and there was no imminent threat to his life.

This act is an arbitrary exercise of the police power. Every citizen has a right to protest subject to just restrictions imposed by the State Government

in larger public interest.

Petitioner’s disciples were required to be informed before removing him forcibly from the spot. His disciples and followers were kept in dark.

He is espousing the cause of river Ganga in a peaceful manner. He has earlier raised his voice for preserving the sanctity of holy river Ganga.

Petitioner has a right to maintain his dignity and honour. He has a right to maintain his conviction. The persons like the petitioner are the conscious

keepers of the society. Their conviction is to be respected and valued. Life of the petitioner is precious and is required to be protected/preserved by

the State functionaries. Rule of law must prevail at any cost.

Accordingly, the writ petition is disposed of with the consent of the parties by issuing following directions:-

A. The Chief Secretary to the State of Uttarakhand is requested to hold parleys with the petitioner to address the sensitive/delicate issue raised by him

in complete bonhomie within 12 hours.

B. The Principal Secretary, Home to the State of Uttarakhand is directed to disclose the identity of the place, where the petitioner has been kept, to

his disciples/ followers forthwith by contacting them.

C. The district administration is directed to shift the petitioner to AIIMS at Rishikesh for medical examination forthwith. In case the petitioner is found

medically fit, he would be escorted back to Maitri Sadan. However, if the petitioner’s health has deteriorated, he shall be admitted in AIIMS,

Rishikesh and his disciples/ followers will be permitted to look after him.

D. It shall be the responsibility of the Principal Secretary, Home to protect the life of the petitioner.

E. The State Government shall provide all the medical facilities to the petitioner under the supervision of Director, AIIMS, Rishikesh.

All pending applications stand disposed of accordingly.