Filing Of Writ Petition Only For Directions To Create Awareness Regarding Certain Laws Is Not Proper: Allahabad High Court

Sparsh Upadhyay

13 Nov 2020 10:21 AM IST

  • Filing Of Writ Petition Only For Directions To Create Awareness Regarding Certain Laws Is Not Proper: Allahabad High Court

    The Allahabad High Court on Thursday (05th November) observed that the filing of Writ Petition, praying for directions to create awareness regarding certain laws is not proper and that "it appears that such petitions are filed only for the sake of popularity."The Bench of Justice Pankaj Mithal and Justice Saurabh Lavania was hearing a Writ petition, filed by one Dr. Syed Rizwan Ahmed, seeking...

    The Allahabad High Court on Thursday (05th November) observed that the filing of Writ Petition, praying for directions to create awareness regarding certain laws is not proper and that "it appears that such petitions are filed only for the sake of popularity."

    The Bench of Justice Pankaj Mithal and Justice Saurabh Lavania was hearing a Writ petition, filed by one Dr. Syed Rizwan Ahmed, seeking a direction upon the respondent Nos.1 (Union Of India Thru Secy. Ministry Of Home Affairs) and 2 to organize public awareness campaigns by way of hoardings and releasing informatory audio and visual programmes to educate the public regarding sexual violence and the laws on the issue related to crimes against women and laws of 13th Criminal Law Amendment Act.

    The petitioner had approached the Court after preferring the representation, on which the letter dated 04.09.2018 was issued to Joint Secretary (Judicial) C S Division, Ministry of Home Affairs thereby requesting to take appropriate steps in the matter in issue.

    Court's View

    The Court was of the view that every citizen of the country is presumed to be aware of the laws of the land. But even then, it may be necessary at times to create awareness.

    The Court further observed that Courts, in a given case, if necessary, may issue directions for taking steps for creating awareness regarding certain laws, but filing of writ petition only for the above purpose is not proper.

    Moreover, the Court did not find from the averments made in the petition that the Government has not taken any steps for creating awareness on the aforesaid law.

    The Court also noted,

    "In the absence of specific allegations that the Government has not taken any concrete steps regarding awareness of the said laws, we do not find it to be a fit case for issuing any direction in exercise of our extraordinary jurisdiction."

    Further, it was informed by learned Addl. C.S.C. to the Court that the State of U.P. had already launched the Mission "Shakti" for the protection and security of the women in the State.

    Accordingly, the writ petition was dismissed.

    Lastly, the Court said,

    "It may, however, be open for the appropriate Government to take appropriate steps in the light of the decision of the Hon'ble Supreme Court in the case of Vishaka & Ors. Vs. State of Rajasthan & Ors. (1997) 6 SCC 241."

    About Mission Shakti

    It may be noted that on 17th October, the Chief Minister of Uttar Pradesh Yogi Adityanath had launched "Mission Shakti", a six-month drive to ensure safety and security of women and children, on October 17, coinciding with the beginning of Navratri.

    "In the first phase of the Mission Shakti programme, we are going to spread awareness on women safety. In the second phase, legal action will be taken, and in the third phase, we will launch massive action against two kinds of people — one who are a threat to the security of women and those who are promoting wide scale corruption in schemes meant for the welfare of women," the Chief Minister had said.

    Case title - Dr. Syed Rizwan Ahmed v. Union Of India Thru Secy. Ministry Of Home Affairs & Anr. [P.I.L. CIVIL No. - 19502 of 2020]

    Click Here To Download Order

    [Read Order]




    Next Story