Petitioner challenged the investigation into Respondent No.4's alleged anti-national speeches, seeking a High Power Committee. The court held regular agencies' inquiry did not breach fundamental rights and rejected the PIL.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.15 OF 2016
Suhail Shaikh ...Petitioner
vs.
The Union of India ...Respondent
...Respondent
Mr.M.M.Vashi, Senior Advocate i/b Mr.A.A.Siddiquie &
Associates for the Petitioner
Mr.Anil C. Singh, ASG a/w Mr.Sandesh Patil and Ms
Indrayani Deshmukh for the respondent No.1
Mr.J.P.Yagnik, APP for respondent Nos.2 and 3.
CORAM : A.S.OKA, &
SMT.ANUJA PRABHUDESSAI, JJ.
DATE : DECEMBER 2, 2016
P.C.:
1Heard the learned senior counsel for the
petitioner in support of the petition. The learned
senior counsel for the petitioner submitted that
only on the basis of the allegations made by the
Authorities in Bangla Desh against the fourth
respondent Dr.Zakir Naik that the investigation
against the fourth respondent has been commenced at
the hands of the National Intelligence Agency,
Intelligence Bureau and Special Investigation Team.
His submission is that before any such investigation
proceeds, a High Power Committee be appointed headed
by a sitting Judge of this Court or a retired Judge
of the Apex Court to examine whether the fourth
respondent has made any offending speeches. His
submission is that the petitioner and others are
deprived of the benefit of religious speeches
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delivered by the fourth respondent and in fact, as a
result of the enquiry, a television channel run by
the fourth respondent has been closed down.
2We have considered the submissions. Firstly,
we may note here that the fourth respondent has not
made any grievance against the action sought to be
taken against him by any of the contesting
respondents. Secondly, even the petition proceeds on
the footing that the matter is being investigated by
the certain Agencies like National Intelligence
Agency. If the matter is being investigated by the
regular Investigating Agencies, there is no question
of appointing aa High Power Committee to examine the
allegations made against the fourth respondent of
delivering anti nation speeches.
3Though reliance is placed on Article 25 of the
Constitution of India, we fail to understand as to
how fundamental right of the petitioner is breached
by the said Agencies holding an enquiry on the basis
of the allegations made against the fourth
respondent.
4Hence, we find no merit whatsoever in this
Public Interest Litigation and the same is rejected.
(ANUJA PRABHUDESSAI,J.)(A.S.OKA,J.)
1 issue framed by the court
Whether a High Power Committee should be appointed to examine allegations against Respondent No.4 regarding anti-nation speeches before an investigation by intelligence agencies is commenced.
Suhail Shaikh
The Union of India
A.S.Oka
Anuja PrabhuDESSAI
As recorded by the court registry
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