Approach Karnataka HC: Allahabad HC Refuses To Entertain BJP Worker's PIL Seeking Probe Against 'Cockroach Janta Party'

A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary noted that the petitioner (S. Vignesh Shishir), a Karnataka BJP Worker, is a permanent resident of Bengaluru and he should have first approached the Karnataka High Court.

Furthermore, noting that the matter lacked any specific nexus with the State of Uttar Pradesh, the bench opined that the writ petition was "not maintainable" before it due to the legal doctrine of "forum non conveniens".

The Court, however, allowed the withdrawal of the plea with liberty to the petitioner to move a fresh plea before a Court having competent jurisdiction.

In his petition, Shishir had claimed that Abhijit Dipke's unregistered party (CJP) is a foreign, deep-state-funded organisation planted by anti-national elements to carry out anti-national activities that could harm the sovereignty, integrity and security of India.

The plea alleged that this "engineered digital campaign", which emerged following CJI Surya Kant's remarks during Supreme Court proceedings, has been designed to target the country's youth, incite public disorder and provoke disaffection against the lawfully established Government of India.

The PIL plea alleged that several social media accounts were being operated on various platforms, such as Facebook, Instagram, YouTube, WhatsApp, Telegram, Signal Messenger, Twitter, and other social media intermediaries, through which anti-national activities are being perpetrated by inciting the Gen Z (youth) of the nation.

Therefore, in the PIL plea, Shishir also sought a direction for the permanent suspension, disabling, and blocking of all social media accounts, pages, channels, groups, handles and profiles operating under or associated with the nomenclature "Cockroach Janta Party".

The bench, however, noted that, being a permanent resident of Bengaluru, Shishir should have moved before the Karnataka High Court. It remarked thus:

"In our view, the petitioner, being a resident of Bengaluru and raising an issue that is of national importance, should have first approached the Karnataka High Court, if he so desired. In the present writ petition, we do not find anything specific to the State of Uttar Pradesh, and accordingly, we are of the view that the writ petition is not maintainable before this Court due to forum non conveniens".

Though Shishir argued that he had filed certain complaints from an address in Lucknow, the bench rejected this justification.

The Court observed that, on an earlier occasion, Shishir had appeared before the Court seeking security, wherein he categorically stated that he is a resident of Bengaluru and sought indulgence on the specific ground that he comes from Bengaluru.

Subsequently, when the Court expressed its view that the writ petition was not maintainable on the ground of jurisdiction, Shishir prayed to withdraw the writ petition with liberty to file a fresh writ petition before the Court having competent jurisdiction.

In view of this, the bench disposed of the plea by granting him the liberty prayed for.