Petition Filed by Bengaluru Resident Against Alleged Anti-National Activities Directed to Appropriate Jurisdiction
In a recent judgment, the Allahabad High Court dismissed a Public Interest Litigation (PIL) filed by S. Vignesh Shishir, a resident of Bengaluru, citing jurisdictional inappropriateness. The petitioner sought action against purported anti-national activities allegedly orchestrated by one Sri Abhijit Dipke, founder of an unregistered organization named "Cockroach Janta Party." The organization is accused of being funded by foreign elements and engaging in activities that threaten India's sovereignty and integrity.
The petitioner urged the court to initiate an investigation by the National Investigation Agency and the Enforcement Directorate and demanded the immediate shutdown of several social media accounts purportedly used to incite the youth against the nation. These accounts span multiple platforms, including Facebook, Instagram, YouTube, WhatsApp, and others.
Upon reviewing the petition, the bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, highlighted the petitioner's domicile in Bengaluru. The court found no specific connection to the State of Uttar Pradesh, rendering the petition inadmissible in the Allahabad High Court due to "forum non conveniens."
The court noted that the petitioner had filed complaints from an address in Lucknow but confirmed his permanent residence in Bengaluru during previous court appearances. Consequently, the court suggested that the petitioner should have initially approached the Karnataka High Court to address the issue of national importance.
Acknowledging the jurisdictional concerns, the petitioner requested permission to withdraw the petition with the liberty to refile it in a court with appropriate jurisdiction. The court granted this request, allowing the petitioner to seek relief in a competent court.
This decision underscores the importance of filing petitions in courts with proper jurisdiction, particularly in matters of national significance. The case emphasizes the judiciary's commitment to procedural propriety while addressing allegations of activities that could potentially affect national security.
Bottom Line:
A writ petition concerning allegations of anti-national activities and seeking action by investigative agencies and blocking of social media accounts must be filed before the court having proper jurisdiction.
Statutory provision(s): Criminal Writ-Public Interest Litigation
S. Vignesh Shishir v. Union of India, (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2913058
