IN THE HIGH COURT OF JUDICATURE AT BOMBAY - DOC by 4pjk200

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									  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS EXTRAORDINARY ORIGINAL CIVIL JURISDICTION
     CHAMBER SUMMONS NO.                    OF 2011
                                  IN
     PUBLIC INTEREST LITIGATION NO. 45 OF 2011




1. Imran khan                          )
   Age about 28 years,                 )
   An actor by profession              )
   residing at                         )
   24, Pali Hill, Bandra [west]        )
   Mumbai - 400 050.                   )


2. Vedanta Malik,                      )
   Aged about 22 years,                )
   A student by occupation,            )
   Residing at 301, aquamarine,        )
   273-B, Carter Road,                 )
   Bandra [west]                       )
   Mumbai - 400 050.                   )   …Petitioners


         Versus


1. State of Maharshtra, through,       )
   Its Home, Finance, Prohibition,     )
   Excise and Social Justice depts.,   )
   Mantralaya,                         )
   Mumbai 400 032.                     )


2. The Commr of Prohibition and        )
      Excise, State of Maharashtra,            )
      Having his office,                       )
      2nd Floor, Old Customs House,            )
      Fort, Near Horniman Circle,              )
      Mumbai - 400 023.                        )…     Respondents


            And


      Jan Swabhiman Welfare Society            )
      Having its all India registration        )
      Through its Coordinator, Maharashtra )
      Shri Vashimant Sharma                    )
      A PhD. Student from IIT Bombay,          )
      Powai                                    )
      Mumbai .                                 )      …Applicants


      TAKE NOTICE that the Honorable Court will be moved before
His Lordship the Hon’ble Mr. Justice _______________ on the ____
day of October, 2011 at 11 O’clock in the forenoon or soon thereafter
as Counsel can be heard by Counsel on part of the Defendants for the
following reliefs:


      (a)     That this Hon’ble cour be pleased to allow the applicants
              to intervene in the above petition as an intervener;


      (b)     That this Hon’ble cour be pleased to further direct the
              petitioner to add the applicant as a party respondent in
              the petition;

      (c)     Costs of this Notice of Motion be provided for; and

      (d)     For such other and further reliefs as this Hon'ble Court
              may deem fit and proper;
                Dated this 13th day of October, 2011.


This Notice of Motion is taken out
by Riddhi Shah
Advocate for Applicants

To,
1. Naik Naik & Co. for the petitioners.
2. State of Maharashtra for respondent no. 1 and 2.


The petitioners Nos.1 & 2 and respondent nos. 1 & 2 above named.
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
    IN ITS EXTRAORDINARY ORIGINAL CIVIL JURISDICTION
           CHAMBER SUMMONS NO.                          OF 2011
                                     IN
           PUBLIC INTEREST LITIGATION NO. 45 OF 2011




Imran Khan & Anr.                                     ... Petitioners

              Versus

State of Maharashtra & Anr                            … Respondents
              And
Jan Swabhiman Welfare Society                         …Applicants

                               INDEX




Sr. No.     Date.      Particular                        Page No.
    1.                 Proforma                                  A-C
    2.                 Chamber Summons                           1-3
    3.                 Affidavit in support thereof              4-


\


                                    Riddhi Shah
                                    Advocate for the Applicant
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 IN ITS EXTRAORDINARY ORIGINAL CIVIL JURISDICTION
         CHAMBER SUMMONS NO.                  OF 2011
                                IN
        PUBLIC INTEREST LITIGATION NO. 45 OF 2011



Imran Khan & Anr.                             ... Petitioners

                               Versus

State of Maharashtra & Anr                    … Respondents
                               And
Jan Swabhiman Welfare Society                  …Applicants




                             PROFORMA




Office Notes, office Memoranda of Coram,
appearance, Court’s orders or direction and     Court’s or Judge’s
Prothonotary’s Orders.                                 Orders
Office Notes, office Memoranda of Coram,
appearance, Court’s orders or direction and   Court’s or Judge’s
Prothonotary’s Orders.                             Orders
Office Notes, office Memoranda of Coram,
appearance, Court’s orders or direction and   Court’s or Judge’s
Prothonotary’s Orders.                             Orders
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   ORDINARY ORIGINAL CIVIL JURISDICTION
     CHAMBER SUMMON NO.                  OF 2011
                          IN
  PUBLIC INTEREST LITIGATION NO 45 OF 2011




   Imran Khan & Anr                    ... Petitioners

         Versus

   State of Maharashtra & Anr          … Respondents

         And

   Jan Swabhiman Welfare Society       ……Applicant




                 CHAMBER SUMMONS
             Dated this 13th day of October, 2011




         by Riddhi Shah
         B/106, Borivali Shopping Center,
         Chandavarkar Road,
         Boriwali [west], Mumbai- 92.
         Advocate for Applicants
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
     IN ITS EXTRAORDINARY ORIGINAL CIVIL JURISDICTION
         CHAMBER SUMMONS NO.                            OF 2011
                                  IN
           PUBLIC INTEREST LITIGATION NO. 45 OF 2011




Imran Khan & Anr.                             ... Petitioners

                Versus

State of Maharashtra & Anr                           … Respondents
                And
Jan Swabhiman Welfare Society                        …Applicants




AFFIDAVIT IN SUPPORT OF CHAMBER SUMMONS
OF THE APPLICANTS




         I, Vashimant Sharma, adult, aged around 25 years, being the
Coordinator, Maharashtra Unit, Jan Swabhiman Welfare Society of
the applicant / intervener abovenamed, of Mumbai, Indian Inhabitant,
currently doing my Ph. D. in Energy Science from Indian Institute of
Technology [I. I. T.] Bombay, Powai, Mumbai having its registered
office     at    Delhi   and    Maharashtra     regional        Office   at
………………………….., do hereby solemnly affirm and state as
under: -


1.       Jan Swabhiman Welfare Society is a registered society under
         Societies Registration Act XXI of 1860 and exempt from IT
         under 80G. The society is led by prominent and well-educated
         people from all walks of life – education, management,
     engineering, technology, commerce, law etc – and aims to
     support the cause of moral, economic, social and cultural uplift
     of our hallowed nation. One of its primary aims is to promote
     health and fight against social evils like liquor, smoking, drugs
     and other forms of alcohol and other drugs. A copy of the
     certificate of registration of the applicant is hereto annexed and
     marked as “Exhibit-A”. A copy of the certificate showing
     Income Tax exemption of the applicant is hereto annexed and
     marked as “Exhibit-B”.


2.   I say that the applicant have complied with all the formalities
     and have been issued a PAN Card. A copy of the PAN Card
     issued to the applicant is hereto annexed and marked as
     “Exhibit-C”.


3.   I say that the one Mr. Sanjeev Newar is the president of the
     society, who has been a student of pioneer institutions in this
     country. Mr. Sanjeev Newar is an IIT Guwahati -IIM Calcutta
     Graduate with specialization in analytical studies. In his career
     spanning over 10 years, he has worked in the field of analysis
     and advisory for a number of reputed organizations of the world
     like American Express, Moody's ICRA, Johnson & Johnson
     Medical and IL&FS. He has worked on several critical projects
     of national importance like expansion of AIIMS in cities across
     India, IT Infrastructure Strategy for Uttaranchal Government
     etc. He is Co-Regional Director of Professional Risk Managers'
     International Association - the apex global body of Risk
     Management practice that aims to minimize risks of unforeseen
     events impacting economy and organizations. Mr. Sanjeev
     currently heads Aarsh - a risk management organization
     incubated at IIT Kanpur and works with some of the sharpest
     brains of India as partners. His analytical faculties have been
     top-notch since childhood and in secondary school, he received
     merit certificate for excelling in Science nationally. He is a
     leading opinion maker with several research publications
     pertaining to analytics. He had several opportunities to settle
     abroad given his profile, however he decided work for his
     nation and its productivity. He has worked in less developed
     regions of the country and started the Agniveer Project which
     has acquired a cult-status among nationalist intellectuals of the
     country. He is the only student from IIM Calcutta to be selected
     for the “Leaders in Making” Award 2002. Further he has been
     the Youngest delegate to the prestigious International
     Conference on Industrial Mathematics 2001, IIT Madras. A
     resume of the said Sanjeev Newar is hereby annexed and
     marked as “Exhibit-D”.



4.   I say that one Dr. Sonika Holani is working as a Medical
     Counselor, Jan Swabhiman Welfare Society. I say that Dr.
     Sonika Holani is currently pursuing her M. D. from Lady
     Hardinge Medical College, Delhi in Pharmacology. Dr. Sonika
     Holani specializes in irrational drug use, drug usage
     optimization and associated policy formulation, a part of which
     also forms her thesis. Dr. Sonika Holani has been a meritorious
     student during MBBS which she completed from Pt J.N.M
     Medical College, Raipur and has received Gold Medal for her
     performance.



5.   I say that I am the Coordinator, Maharashtra Unit, Jan
     Swabhiman Welfare Society. Vashimant Sharma, Coordinator,
     Maharashtra Unit, Jan Swabhiman Welfare Society: Vashimant
     is currently a Research Scholar (PhD) at IIT Bombay with the
     Department of Energy Science and Engineering. He obtained
     his Masters Degree in Science from the same institute. He was
     among top scorers of his batch during his Masters. Being
     Renewable Energy Scientist, he has explored the field of
     alcohol production, usage, and its impact on environment. He is
     currently involved in the Renewable Energy based Power Plant
     Projects. He is an expert in optics of Solar Concentrators and
     their usage in environment friendly manner. He has been very
     sharp throughout his studies. He is known for his extraordinary
     analytical skills and vast knowledge in Energy Science. He was
     given privilege by faculty at IIT Bombay to deliver a lecture
     series for the students of Masters when he himself was pursuing
     Masters! He has been the core member of organizing committee
     of International Conference on Energy Science in his institute
     for last three years. He is an integral part of Agniveer Project
     that has become very popular among intellectuals worldwide.


6.   I say that Jan Swabhiman Welfare Society has been formed
     with high and rich principles and a short profile of the
     intervener is detailed hereinbelow;


A)   Organizational Statement of Jan Swabhiman

     Jan Swabhiman is a Non Government organization registered
     under the Societies Registration Act, 1860.




B)   Legal Identity of Jan Swabhiman

     • Registered under Societies Registration Act, 1860

     • Recognized under (80G) & 12(A) of Income Tax Act in India
C)   Objectives of Jan Swabhiman

     The following have been its focus areas of propagation among
     masses;

     1) Promote natural ways for treatment of ailments.

     2) Promote health awareness and physical well being among
     needy people.

     3) Promote Yoga and yogic activities for a better and healthy
     living.

     4) Promote Vedic values and heritage among the youth and
     common people.

     5) Promote National Pride and respect for its heritage.

     6) Promote unity and brotherhood among countrymen.




D)   Genesis of Jan Swabhiman

     Jan Swabhiman Welfare Society was founded to promote the
     well being of nation and society through a variety of means. It
     was formed to integrate the efforts of educated, qualified and
     dynamic people towards social and physical upliftment and
     nationalism.

E)   Philosophy

     Jan Swabhiman Welfare Society, an NGO focused towards
     promoting economic, social, emotional, moral and rational
     well-being of society as a whole and individuals in particular.
F)   Vision of Jan Swabhiman

     The only way to prosperity is the triad of Knowledge, Actions
     and Dedication and this is the guiding mantra for Jan
     Swabhiman.




G)   Mission of Jan Swabhiman

     The mission is dedicated towards promoting rationalism, truth,
     objectivity and reason as the means and goal of life.




H)   About Jan Swabhiman

     1)    Jan Swabhiman aims to bring the mainstream world
           population closer to values of Truth and Rationalism.

     2)    It emphasizes promotion of human values of honesty,
           non-aggression, truthfulness and social welfare and to
           promote the values of scientific temper and rationalism
           for a better world.

     3)    We dream of a world in which all of us live up to core
           values of universal humanism, righteousness, honesty,
           truth, equality, peace, tolerance and purposeful living and
           work towards making our society, nation and world a
           more human place.

     4)    Our prime mission is to make “Satyameva Jayate” – The
           Slogan of our nation, a slogan for each youth.

     5)    The vision, mission and pledge is to integrate the efforts
           of educated, qualified and dynamic people towards social
     and physical upliftment and nationalism. Jan swabhiman
     upholds National Pride and respect for its heritage, Vedic
     values and heritage among the youth and common
     people, unity and brotherhood among countrymen, yoga
     and yogic activities for a better and healthy living,
     natural ways for treatment of ailments, health awareness
     and physical well being among needy people.

6)   Jan Swabhiman has functional relations with major
     networks on education initiative within and outside delhi.
     We have so far organized health checkup, eye-checkup
     and yoga camps successfully in Haryana, Chattisgarh and
     West Bengal benefiting two hundred people. Furthermore
     we have launched three websites of an international
     standard to promote our cultural and moral values. Jan
     Swabhiman has recently collaborated with Sikhsha
     Sanskriti Utthan Nyas, dealing in the revolutionarising
     the system of education and hedging towards national
     reconstruction. The initiative for establishing a library of
     Vedic books in New Delhi is being executed, where
     unpublished and rare books will be restored and made
     available. For further prevention these books are
     digitalized and formatted into e- books for mass
     availability.




7)   Jan Swabhiman future plans will be more dynamic and
     vibrant to spread its colors across the globe. We plan to
     organize seminar at international & national levels,
     adjoining leaders across the world. Future initiatives will
     also be made for mass reach of ideology through audio-
     video sessions with scholars; film production. There is
             still a lot to be done and we are confident that if we
             continue to invest time and energy in true partnerships of
             equals, we will continue to make a difference in the
             national integration




I)     Activities of Jan Swabhiman


      Eye Checkup Camps

       Free eye-checkup and treatment centre is set up in Kolkata by
       the name of Natural Vision Improvement Centre, for improving
       the eyesight by natural ways, a unique concept in the entire
       eastern region. The objective is to provide free treatment to all
       and promote natural ways of improving eye sight and to help
       those who have been turned away as non-treatable cases by
       medical fraternity. The treatment uses ancient yogic techniques
       combined with relaxation and accommodation practices as
       researched by leading ophthalmologists across the world. We
       have successfully treated more than 500 patients with their eye
       sight improved and in many cases, eye power rectified
       completely to normal, through completely safe and natural
       means and ways.

      Health Checkup Camps

       Free Health checkups and vaccination camps are organized in
       different parts of country under supervision of qualified medical
       professionals. We have so far organized these camps
       successfully in Haryana, Chattisgarh and West Bengal. Around
       two hundred people have benefited from these camps so far.
       The services offered in the camps included general health
  checkup, blood sugar checkup, consultation and hepatitis-B
  vaccination.



 Yoga for life

  Free yoga lessons were organized in different parts by our
  Kolkata and Delhi chapters to promote yogic life style for better
  and healthy living and for treatment of ailments. More than five
  hundred people have participated in these yoga sessions and
  have benefited.




 Vedic Books

  In our endeavor to promote cultural and moral values through
  Vedas, we have organized seminars at different parts of Kolkata
  and Delhi initially. Free distribution of Vedic books among the
  scholars and students were done at seminars. So far we have
  conducted 10 such seminars. Books on our cultural heritage
  were distributed to delegates from other countries at the
  International Arya Mahasammelan. In the process more than
  5000 books have been distributed on Vedas.

  We have also distributed free books on Vedas and humanity to
  more than 250 professors of Jawahar Lal Nehru University in
  first week of July to create awareness on the scientific and
  noble foundation of our country’s cultural heritage.
 Vedic Portals

  We launched www.satyavidya.org, an international standard
  state-of-the-art internet portal where people can discuss and get
  full knowledge about the Vedas and its values. This site is
  designed by top-brains from IITs and IIMs. This site would
  become an authoritative source of Vedic information in
  cyberspace in next few months. Here, people can clarify doubts
  and queries which will be answered by the top Scholars of
  Vedas. Members can indulge in chats to discuss about the
  various aspects of Vedas. The focus of the site would be to
  present Vedas as a knowledge source for entire humanity and
  showcase how Vedas emphasize values of brotherhood,
  truthfulness, and high character.

 We have also launched www.vedpedia.com, another portal on
  discussions on vedic role models and vedic festivals.




 Culture protection

  The title-song “Hare Rama Hare Krishna…” from the movie
  Bhool Bhulaiyaa had certain visuals derogatory of Rama,
  Krishna and saffron dress of saints. Jan Swabhiman had moved
  to Supreme Court on this and had taken up the issue to
  protesting against this insult to our culture. The Central Board
  of Film Certification has then confirmed to The President, Jan
  Swabhiman Welfare Society that “the producer has now deleted
  the said objectionable scenes from the title song and informed
  accordingly to various channels and institutions not to release
  the said objectionable portions”.
      Education and Reconstruction

           We along with Sikhsha Bachao Andolan compelled the
             government to abolish the Sex Education Scheme for the
             students in the age group of 12 to 18.




           We worked with them to have Delhi University
             textbooks insulting our Vedic culture and legendary role
             models repealed.
           In B. A. Programme Foundation Course: Human Rights,
             Gender and Environment


           The book falsely alleged against Vedas:
             a. Vedas talk of homosexuality and same-sex love
             b. Vedic culture is unfairly biased against women (theme
             of entire chapter)
             c. Upanishads talk of assaulting women to force them for
             sex
             d. Ancient Indian law and Ramayan are based on gender
             discrimination

             The syllabus has now been redesigned by the university
             and the publisher has withdrawn the book from the
             market.

       A copy of the memorandum of the applicant is hereby annexed
       and marked as “Exhibit-E”


7.     The applicant been actively defending our social values at
       various fronts since a long time and in the same spirit the
       applicant was constrained to approach the Hon’ble Supreme
       court of India and file a special leave petition in the year 2007
      when promos of a song “Hare Rama Hare Krishna” from movie
      “Bhool Bhulaiyaa” started being aired on all leading TV
      Channels and Radio Stations. The said song has prurient lyrics
      interspersed with chants of ‘Hare Rama Hare Krishna and what
      was more shocking was the fact that the video had semi-nude
      girls and lead actor mimicking sanyasis in saffron clothes with
      suggestive gestures and Lord Krishna with act of flute play.
      What more, the semi-naked sequences were shot in front of idol
      of Buddha and mantras were written on the saffron clothes.


8.    I say that the said act had deeply and strongly hurts sentiments
      of millions of Hindus who worship Rama, Krishna and Buddha
      as God or role models. Further, even non-Hindus have high
      regard for these legends and hence it hurts national image. To
      insult religious and respected figures to earn publicity and
      money is a very condemnable act. A copy of the said SLP is
      hereto annexed and marked as “Exhibit-F”.


9.    I say that The Central Board of Film Certification has then \
      confirmed to Mr. Sanjeev Newar, The President, Jan
      Swabhiman Welfare Society that “the producer has now deleted
      the said objectionable scenes from the title song and informed
      accordingly to various channels and institutions not to release
      the said objectionable portions”. The applicants crave leave to
      refer to and rely upon a copy of the same when produced.


10.   I say that the applicant came to know about the present
      frivolous and motivated Public Interest Litigation through
      newspapers and we were shocked to learn that instead of
      appreciating the steps taken by the State of Maharashtra the
      petitioners herein had filed the above motivated and chance
      petition in the garb of Public interest litigation. I say that the
      applicant are in a position to show that the above PIL is totally
      devoid of merits and is nothing more than a cheap publicity
      stunt at the cost of wasting the precious judicial time of this
      Hon’ble court. The applicants will further demonstrate that the
      state of Maharashtra has taken a very wise decision based on
      recent studies and research conducted by eminent authorities
      which clearly establish and confirm the stand taken by the state
      of Maharashtra. I crave leave to refer to rely upon the said
      research papers in reply to the above PIL once the present
      chamber summons is allowed by the Hon’ble court.


11.   I say that the petitioner no. 1 has deeply hurt the public
      sentiments of people having faith in Islam since Islam prohibits
      and condemns drinking in all and every form. The relevant
      verses of Holy Quran and Hadith will go to show that a person
      TRUELY professing Islam can not advocate drinking of wine
      at any price. I crave leave to refer to rely upon the said verses of
      holy Quran and Hadith in reply to the above PIL once the
      present chamber summons is allowed by the Hon’ble court.


12.   I say that we will further show that the petitioners is not worth
      taking serious by this Hon’ble court and they have no
      knowledge about the latest research done and conducted in the
      filed of drugs and alcohol by various experts in various
      countries including India. The immaturity of the petitioners is
      apparent from the fact that they have made all sort of mindless
      and useless allegations by comparing age limits fixed by the
      state for various other rights ,   i e; to possess arms, marriage
      etc.


13.   We will further demonstrate that the petitioners are nothing but
      working as a paid agents of liquor lobby to promote drinking
      amongst youth. The applicant say that they are a dedicated
      charitable organization working for the welfare of this country
      and they are required to be made a party to present PIL to
      expose the bogus petitioners and their ulterior motives. The
      background of the petitioners demonstrate that they belong to
      an industry which is closely correlated with alcohol industry.
      The health ministry has earlier noted that Hindi Film Industry is
      adversely influencing alcoholism which is mother of all public
      health problems in India.


14.   I say that the petitioner refers to laws from forties to eighties
      but does not touch base on vast amount of research available in
      last 20 years based on which internationally there is a trust to
      reduce alcohol consumption through policy intervention.
      Regardless of whatever extant laws exist, the governments of
      India are bound by constitution to ensure safety and provide fair
      and disease free environment to all existing and future citizens
      of the country.


15.   I say that it is in the public interest that the petitioners be
      directed to add the applicants as a party respondent to the
      petition since the applicant are highly educated persons from
      research & analysis background, hail from the most respected
      research institutions of India (and world) and have been
      working for the social welfare for the people of country and as
      such they are in a far better position to point out the scientific
      evidence, factual data and irrefutable rational behind the policy
      of the state and expose the ulterior motives of the petitioners. If
      the present chamber summons is not allowed the applicant will
      be deprived of an opportunity to assist the Hon’ble court in
      justifying the state policy. I say that no harm, loss, prejudice
      and injury will be caused to the Petitioners if the present
      chamber summons is allowed by this Hon’ble Court. I say that
      it is most essential in the interest of justice that the present
      chamber summons be allowed by this Hon’ble court.


16.   In the abovementioned circumstances, it is respectfully
      submitted that the chamber summons may be made absolute.


Solemnly affirmed at Mumbai           )
This 13th day of October, 2011        )
                                                  Before me




Riddhi Shah
Advocates for the Applicants
  IN THE HIGH COURT OF JUDICATURE AT
                    BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
 CHAMBER SUMMONS NO.                            OF
                       2011
                       IN
  PUBLIC INTEREST LITIGATION NO 45 OF
                       2011



Imran Khan & Anr.             ... Petitioners

              Versus

State of Maharashtra & Ors… respondents

            And
Jan Swabhiman Welfare Society.. Applicant




          AFFIDAVIT IN SUPPORT OF
             CHAMBER SUMMONS
         Dated this 13th day of October, 2011




      by Riddhi Shah
      Advocate for Applicants

								
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