Saturday, August 31, 2013

ACJM dismisses petition for FIR on actor Kamal Khan

ACJM dismisses petition for FIR on actor Kamal Khan

ACJM, Lucknow dismissed the petition filed by me for registration of FIR against film actor Kamal R Khan in his review of film Raanjhana.

In the Video Review uploaded on Youtube on 20 June 2013, Khan had said-“Sir, I don’t know whether you are from UP or not, but I am. In the whole of UP, you will find cobblers and sweepers who look like Dhanush but you will not find such single rotten Brahman as him in entire UP.”

I had sought FIR against Khan’s comments calling them humiliating and degrading to the members of these two Schedule castes but the ACJM said that an offence under the SC/ST Act is made only when it is aimed at a particular individual which is not the case here; hence no cognizable offence is being made.

The order by any judicial authority is supposed to be the word of God but here somehow, I seem to be bewildered by the way the final interpretation has been made and have decided to take the matter to the higher forum for review. 



एसीजेएम ने अभिनेता कमाल खान पर एफआईआर की मांग ठुकराई

एसीजेएम लखनऊ ने मेरे द्वारा फिल्म अभिनेता कमाल आर खान द्वारा राँझना फिल्म की रिव्यू में की टिप्पणी पर एफआईआर दर्ज कराने की याचिका को खारिज कर दिया.

20 जून 2013 को यूट्यूब पर लोड हुए इस विडियो रिव्यू में खान ने कहा था- “सर, पता नहीं आप यूपी से हैं या नहीं, बट मैं यूपी से हूँ. पूरे यूपी में जैसा धनुष है, वैसे आपको भंगी मिलेंगे, चमार मिलेंगे बट एक भी इतना सड़ा हुआ पंडित आपको पूरे यूपी में कहीं नहीं मिलेगा.”

मैं ने कमाल खान की इस टिप्पणी को सीधे सीधे जातिसूचक मानते हुए अनुसूचित जाति जनजाति (अत्याचार निवारण) अधिनियम में एफआईआर दर्ज हेतु प्रार्थनापत्र दिया था जिस पर एसीजेएम ने कहा कि इस अधिनियम में अपराध कारित होने के लिए यह आवश्यक है कि टिप्पणी ऐसी होनी चाहिए जो किसी व्यक्ति विशेष को क्षति पहुंचती हो, अतः उन्होंने इसे संज्ञेय अपराध नहीं मानते हुए खारिज कर दिया.

अदालत द्वारा कही बात ईश्वर की आवाज़ मानी जाती है लेकिन इस मामले में मैं अभी निर्णय को ले कर कुछ हतप्रभ हूँ और इसे उच्चतर न्यायिक फोरम पर चुनौती देने की सोच रहा हूँ.

आपके क्या विचार हैं?

Copy of Court order in Kamal Khan FIR case



Friday, August 30, 2013

Copy of PIL to regulate Godmen and astrologers



In the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ petition No-                          of 2013 (PIL-Civil)
Amitabh and Nutan Thakur                                                     Petitioners
Versus
Union of India                                                                               Respondent

INDEX
S No
Description of documents relied upon

Page No


From
To
1.
List of Dates and Events (separate)
Separate

2.
Memo of Writ Petition


3.
Annexure No 1
Representation of the petitioners sent to the Hon’ble Prime Minister Office dated 13/06/2013


4.
Photo Identity of the petitioner


5.
Affidavit




 Lucknow                                                                 (Dr Nutan Thakur)
Dated-    30/08/2013                                           Petitioner in Person                                                                                                       # 94155-34525






In the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ petition No-                          of 2013 (PIL-Civil)
Amitabh and Nutan Thakur                                                     Petitioners
Versus
Union of India                                                                               Respondent

                             LIST OF DATES AND EVENTS

S No               Date                                                   Event                       
1.     13/06/2013                                  Representation sent to Hon’ble
                                                            Prime Minister Office

In India there are a very large number of Astrologers and God-men or religious entities exerting great influence on people. Since most of them seek money from the people in one form or another in lieu of their services, hence it makes them some kind of professional entities. Like every other profession including Medicine, engineering, dentistry, law, architect etc, these works also need a regulation and control at various levels, so as to safeguard interest of common people and to stop entry of imposters and cheats, because of the extremely deep and strong influence exerted by these people .
Hence there seems to be a need for formation of some Professional bodies at National and Regional levels for Astrologers and God-men to act as Regulatory and controlling authorities, which might consist completely of astrologers and God men, which shall be evaluating their genuineness and fitness to practice their art and science and only after this verification shall these people be allowed to practice.
The petitioners had sent a representation to the Hon’ble Prime Minister for suitable Government Bodies for Astrologers and God-men, but no action seems to have been taken in the matter so far.
Hence this Writ Petition in the nature of Public Interest Litigation.       
      
         
Lucknow                                                                 Dr Nutan Thakur
Dated- 30/08/2013                                            Petitioner in Person                                                                                                         # 94155-34525
In the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ petition No-               of 2013 (PIL-Civil)










1.     Amitabh Thakur, aged about 45 years, s/o Sri T N Thakur r/o 5/426, Viram Khand, Gomti Nagar, Lucknow
2.     Dr Nutan Thakur, aged about 40 years, w/o Sri Amitabh Thakur r/o 5/426, Viram Khand, Gomti Nagar, Lucknow-------Petitioners
Versus
1.     Union of India through Principal Secretary, Prime Minister Office, Government of India, New Delhi-110001 -----------Respondent

Writ Petition under Article 226 of the Constitution of India
To,
The Hon’ble Chief Justice and His other Hon’ble companion Judges of the aforesaid Court:
The humble petition of the above named petitioner most respectfully begs to submit as under:
1.     That by means of this petition, the petitioners, are invoking the extra ordinary jurisdiction of this Hon’ble Court vested with it through Article 226 of the Constitution to file this Public Interest Litigation (PIL) with a prayer to kindly direct the respondent to frame suitable policies including forming a Council/Professional body/Regulatory or controlling body consisting completely of astrologers or otherwise for these persons at National, State and/or Regional levels which shall be evaluating their genuineness or otherwise and fitness or otherwise to practice their art/science and only after this verification any astrologer shall be allowed to practice this art/science and this body shall be acting as the Nodal bodies for the astrologers almost in a way Medical Council of India, Indian Council of Chartered Accountants or Bar Council of India works. The petitioners also pray through this Writ Petition to kindly direct the respondent to form a Council/Professional body/Regulatory or controlling body for the God-men, occult science practitioners, professional preachers etc of all religions consisting completely of such God-men, occult science practitioners, professional preachers etc or otherwise  at National, State and/or Regional levels which shall be evaluating the genuineness or otherwise and fitness or otherwise of these persons to practice their art/science science and only after this verification any such person shall be allowed to practice this art/science and this body shall be acting as the Nodal bodies for the astrologers almost in a way Medical Council of India, Indian Council of Chartered Accountants or Bar Council of India works.
The petitioners declare that they have not filed any other Writ petition before the Hon’ble Supreme Court and this Hon’ble Court either at Allahabad or its Lucknow bench pertaining to the subject matter and/ or for the relief prayed for in the instant writ petition. It is further declared that in respect of the same subject, no caveat notice has been received by the petitioners. They also declare that to the best of their knowledge and their search, there is no pronouncement as regards the above issues being presented through this Writ Petition either by the Hon’ble Supreme Court or this Hon’ble Court.
2.     That this is a Public Interest Litigation (PIL) being filed for saving the crores of innocent and gullible people belonging to all religions, castes, creeds etc from false God men, fraudulent astrologers, occult science practitioners etc, who are losing their life, property and everything falling in the clutches of many of such fraudulent persons who practice their art and craft in the most unrestrained and uncontrolled manner.
3.     That the PIL is being filed because the petitioners very strongly feel that if appropriate checks and controls of rightful nature are not placed on the practitioners of these arts and craft, the current spate of exploitation of the poor, the needy, the harassed, the distressed people will go on continuing, which is extremely dangerous for the entire Nation because there could not be anything more hazardous for the nation and its people than certain charlatans, thugs, criminal elements getting in the garb of God men, astrologers and so on, without actually having any capabilities in these regard and then starting exploiting the poor, needy, harassed, harangued people in desperate state of mind by exploiting their gullibility and their mental conditions. This is a situation that not only ruins the human intellect but also makes a complete mockery of the entire system of governance, where no one is being able to check the open and rampant exploitation by such false God men and astrologers and helpless people are falling prey to them. Thus it is a PIL in the true sense of the word.
4.     That Black's Law Dictionary (6th Edition) defines public interest as: “Something in which the public, the community at large has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local, state or national Government”. Similarly, an American journalist Walter Lippman in The Public Philosophy (1955) wrote, "Public interest is generally taken to mean a commonly accepted good. Public interest may be presumed to be what men would choose if they saw clearly, thought rationally, acted disinterestedly and benevolently”. It can be easily seen that the issue being presented is associated with common people, many of who are often helpless, and who are being denied their legal right of being saved from false and fraudulent practitioners of astrology and God-manship due to the omission and inaction on the part of the respondent. Thus the matter concerns every person of the Nation and is also related with the legal rights of the people, including the right to life and liberty, as granted under Article 21 of the Constitution of India. The absence of any controlling and regulatory body for these extremely influential practices is directly denying the common people of their life and personal liberty, including the right to live with human dignity, which the Hon’ble Apex Court has made clear to be a direct extension and meaning of the words used in Article 21.
5.     That this also does not go against even Article 19(1)(g) related with right to practise any profession, or to carry on any occupation, trade or business (including that of astrology, God manship etc) because as clearly stated in Article 19 (6), Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause.
6.     That this being a PIL, in pursuance of Rule 1, subrule (3A) of Chapter XXII of the Allahabad High Court Rules 1952 the petitioners find it relevant to present some facts regarding their own credibility. Petitioner no 1 is an officer of the Indian Police Service, Uttar Pradesh Cadre though he is filing this Writ Petition in his individual capacity as a concerned citizen of this Nation. He is also concerned with various social issues and has filed WP No 3489 of 2012 (PIL-MB) as regards the role of Intermediaries in the Information Technology Act 2000 and WP No 3153 of 2012 (PIL-MB) as regards the legal and administrative status of the Board of Cricket Control for India (BCCI W P No 7596 of 2012 (PIL- Civil) along with petitioner No 2, his wife. He is also striving for formation of a Unified Police Association for all policemen, right from the Constable to the DGP and filed two Writ Petitions which allege discrimination between superior and subordinate officers in Para Military forces like the PAC, CRPF etc. He recently filed a PIL to bring the CB-CID, Vigilance and other State investigative agencies out of government control being done presently against the provisions of law. He recently filed a PIL along with his wife as regards the supply of subsidized alcoholic drinks to the defence personnel being detrimental to the forces and the Nation at large and another as regards increasing the retirement age of the defence personnel.
7.     That petitioner No 2 is a social activist and freelance journalist who wants to genuinely and positively contribute to the society in all possible ways. She works primarily in the field of transparency and accountability in governance, Human Rights and assisting in the enforcement of Rule of law. The matter being presented here is primarily related with transparency and accountability in governance and Human Rights.  The petitioner has filed a very large number of important Public Interest Litigations which include one (Writ Petition No 9761 M/B of 2010) when the Commonwealth Games were going to be inaugurated by the Prince of England while the President of India had to remain a silent spectator in the ceremony,  WP No 2425 of 2012 (PIL-MB) about the delay in deciding over the Arms license application, WP No 2589 of 2012 (PIL-MB) about the Development Authorities harassing people in the name of illegal colonies, WP No 1440 of 2011 about the vacancy in UP Hindi Sansthan, WP No 2608 of 2011 (M/B) to declare the provisions of section 9 of this UP Act No. 16 of 1976 ultra vires to the provisions of constitution, WP No 3028 of 2011 (PIL-MB) about exorbitant rise of Airfares during emergency periods, WP No 1361 of 2012 (M/B)  as regards the “Model Code Of Conduct For The Guidance Of Political Parties And Candidates” issued by the Election Commission of India. WP No 3489 of 2012 (PIL-MB)  as regards the role of Intermediaries in the Information Technology Act 2000 and WP No 3153 of 2012 (PIL-MB) as regards the legal and administrative status of the Board of Cricket Control for India (BCCI).  It was purely on the basis of her works that the petitioner was chosen for the International Visitor Leadership Program (IVLP), a professional exchange program funded by the U.S. Department of State, whose purpose is to help build mutual understanding between citizen leaders of the U.S. and other countries. This is what the website Hill Post says about the petitioner- “Nutan Thakur is one of the few people in our society who likes to ‘walk the talk’. For her, change is a long process that requires consistent efforts” and that- “Nutan Thakur is indeed an empowered Indian – well aware of her rights, and duties.” The petitioner filed a Public Interest Litigation W P No 7596 of 2012 (PIL- Civil) where she prayed to take necessary steps to control the exorbitant prices of these drugs. She also filed a Writ Petition before this Hon’ble Court related with the alleged corrupt activities of Zakir Hussein Memorial Trust with Union Minister Sri Salman Khurshid as its Chairman. She filed a Writ Petition as regards improper appointment of Station Officers in the police stations of Uttar Pradesh and the alleged corruption related with this process, which this Hon’ble Court took very seriously. She filed a PIL for adoption of two child norm to control the severe problem of population explosion where this Hon’ble Court also showed its concern towards this problem. The petitioner filed another Writ Petition for installing CCTV in women lockups in the police stations for the safety of arrested women in police stations. She filed a WP No 1061 of 2013 (M/B) in this Hon’ble Court where she challenged the appointment process of various State Government Commissions etc including the way Sri K C Pandey was made the Vice Chairman of Ganna Sansthan despite being an accused in a very serious case. She filed WP No 1587 of 2013 for formation of Children Courts under the Protection of Children from Sexual offences Act 2012 and another PIL for creation of Child Commission in UP. Very recently she filed a PIL for filling the vacant posts of the UP Human Rights Commission. This list is not complete and there are many other such PILs filed by the petitioner, most of which have been entertained and taken very positively by this Hon’ble Court.
8.     That the petitioners state on oath that the public cause they are seeking to espouse through this Writ Petition is as regards the exploitation of false God men, fraudulent astrologers, fake occult science practitioners, sham supernatural power claimers is of larger public/national interest. The petitioners put it on oath that they are not filing this PIL nor have they filed any other PIL for any ulterior motive save the stated one nor have they received a single penny through any backdoor activity while filing these PILs. They state on oath that they have no personal or private interest in the matter and as far as they know there is no authoritative pronouncement by the Hon’ble Supreme Court or this Hon’ble High Court on the specific questions raised here. They put it on oath that the result of the Litigation will not lead to any undue gain to them or anyone associated with them or any undue loss to any person, body of persons or to the State.
9.     That the petitioners also put it on oath that they have not suffered personally from either of such people. This is because Petitioner No 1, though being a Hindu by birth, is almost a non-practicing Hindu, who if not an atheist, is certainly an agnostic. Once upon a time he had some interest in astrology etc but he has stopped consulting any of the astrologers, God men etc for his personal benefit for many years now. Petitioner No 2 does have complete believe in Hindu way of life but she also is more of a rationalist and is not personally affected by such people. Hence the only purpose is the larger public interest, the interests of the poor, helpless, needy and gullible people being exploited and their families and the associated national interest. 
10.                       That coming to the matter of the PIL, as is well known, in India there are a very large number of Astrologers and God-men/religious entities in all religions, whether it is Hinduism or Islam or Christianity or any other. Many of these Astrologers and God-men/religious entities claim themselves to be having supernatural powers. They make very tall claims. Many a times they impersonate others including God.
11.                        That these Astrologers and God-men/religious entities are important entities in our society. They are omnipresent and can be seen in every nook and corner of the country. These Astrologers and God-men/religious entities operate in various ways. But one thing common to many of them is the fact that the majority seek money on one form or another. It can be some kind of fee, honorarium, gift, donation or any other format.
12.                       That this act of taking money or other financial resources from the people makes these Astrologers and God-men/religious entities some kind of professional entities. Though they claim themselves as being otherworldly, but the mere fact that they accept monetary support in various forms makes their act a purely temporal work where there is transition of money from one hand to another.
13.                       That this transition of money is often in lieu of certain acts performed by these Astrologers and God-men/religious entities. They look at the person’s futures, perform some kind of religious acts, give some preaching or sermons etc.
14.                        That thus, in totality, this act of providing service in lieu of certain monetary returns (in whatever form it might be presented) makes the act of Astrologers and God-men/religious entities a professional work as well.
15.                       That thus the petitioners strongly believe that like every other profession including Medicine, engineering, dentistry, law, architect etc, these works also need a regulation/control at various levels.
16.                       That this is because if the State does not come forward to have some kind of appropriate regulatory mechanism for certain acts where lives of billion of people is affected and where there is a direct temporal act of presenting money in lieu of certain returns is being done in almost a professional manner, then it will certainly adversely affect the lives of these people.
17.                       That the result of completely uncontrolled situation would be that every person would be free to claim himself as Astrologers and God-men/religious entities of the highest order. With no control and no regulation, they would make tall claims as is presently seen in many cases and would cheat by common, illiterate and semi-literate poor and fearful people by showing them all kinds of improper and incorrect ways, paths, does and don’ts etc which these people, having not enough sense to differentiate between cheating and truth, often follow to the hilt and also get cheated.
18.                       That while the Petitioners don’t personally believe in most of these things but at the same time they also do not have adequate knowledge, information, understanding and background to completely deny the truth, genuineness and existence of such powers, capabilities, acts and arts. What it means is that there could be a definite possibility of such powers, capabilities, acts and arts like super-natural power, Godmenship, astrological truth etc existing.
19.                       That it also means that there could be many genuine, truthful, wonderful people with immense astrological knowledge, power and/or super-natural and divinely prowess.
20.                       That thus with the limitation of the petitioners’ knowledge and abilities, the petitioners being rationalists stand at a point where they openly state that though not personally enamored and affected by these powers, capabilities, acts and arts, at this point of time they are open to the fact that their possibilities could certainly be there.
21.                       That it is also true that if such supernatural, paranormal, mystical powers, capabilities, acts and arts actually exist, they would not be easily accessed and understood by the common people, because it would need very special abilities on the part of the interceptor as well. Not all ordinary people, with ordinary wisdom, ordinary understanding and ordinary capabilities can comprehend and understand the truth and reality behind such powers, capabilities, acts and arts. As the stated nature of these powers, capabilities, acts and arts go, most of the times, the common and ordinary people might not even recognize who has the real and truthful ability as a God man, super-natural, mystical person or a true astrologer, and who is a charlatan.
22.                       That it is almost the same like many other practices and professions like Medicine, Chartered Accountancy, Engineering, Law etc where one cannot say by looking at the face of a person that he/she is practicing in professions like Medicine, Chartered Accountancy, Engineering, Law.
23.                       That the people tend to know and recognize and hence accept professionals in the field of Medicine, Chartered Accountancy, Engineering, Law and many such other professional activities through the degrees conferred upon these people or through the registration offered to them by various Professional bodies like the Medical Council of India, the Bar Council of India, the Institute of Chartered Accountancy and so on.
24.                       That it is quite possible that a formal study, curriculum and syllabus might not be prescribed for all these occult sciences, mystic activities, supernormal acts and possibly even for astrology etc. By the alleged nature of these activities, they often come through intuition, are often God made, often come naturally to a person and are presumed to the pleasure and dispensation of the Divine, an area in which possibly no curriculum, studies etc can be devised.
25.                       That it is also true that possibly no Government authority or even no Hon’ble Courts can formally declare or state that a person claiming him to be capable of divine powers, supernatural capabilities, astrological divineness or capabilities is speaking the truth or is a mere charlatan/imposter/swindler/cheat/trickster or crook.
26.                       That but the petitioners do understand and logic/common sense also says that while ordinary people and even the Governments and Hon’ble Courts cannot fathom the truth, but other such God men, astrologers, mystics, scholars and practitioners of such arts and craft can certainly differentiate between the real and the unreal, the actual and the imposters, the genuine and the frauds.
27.                       That thus what it seems to amount to is that one or more National and Regional Committee/Commission/ Councils etc be formed by the Government of India and the various State governments which act as a professional body for these Astrologers and God-men/religious entities, which shall be consisting of such willing, well-known, well-acknowledged and widely recognized people who are being accepted by a fairly large section of the society, intelligentsia etc to be real great and/or genuine people in their fields, having extremely proven track records over the years. As the nature of these arts and crafts seem to state, while the common people and others are not capable to comprehend the Godly and divine powers of such persons, these bodies, consisting of eminent and widely respected  people from these fields can certainly check, evaluate and mark the caliber of these entities.
28.                       That hence the two petitioners suggest that these Bodies have members only from the professional world or from the field of activity, that is, among the Astrologers and God-men/religious entities. They also suggest that there shall be no official members to these bodies. They suggest these bodies to be autonomous in nature, only sponsored, financed, supported and generally regulated in their larger policy matters by the respective governments so that the autonomy, genuineness and acceptance of these bodies remain intact in public eyes.
29.                        That thus while the petitioners respect the sanctity and independence of these professions and work and hence they propose Regulatory bodies consisting solely of the persons belonging to these profession/field, who might be chosen by themselves in a suitable manner, yet at the same time they also understand the great need to have such regulatory bodies
30.                        That as explained earlier, there is an immense need to have such regulatory bodies at various levels so as to separate the grain from the chaff, that is to do away with the charlatans, fakes, frauds, phonies and bogus Astrologers, Godmen/religious leaders/occult science practitioners etc from the real ones and thus save the common people from these frauds, who everyone would agree abound in very large number in this country.
31.                       That these charlatans and thugs do two harms in the society- they not only cheat people, they also give many other genuine persons a bad name, because their improper reputation sullies the image and impression of many others as well.
32.                       That again as explained earlier, this vast field of human endeavour and human activities cannot be left completely uncontrolled and unmonitored by capable bodies because in India, there would not be less than a million astrologers, God men, supernatural entities, occult science practitioners etc. One can go to any place to find one of more astrologers selling their alleged knowledge and wisdom for a price. Many a times one sees these astrologers even on the footpaths along the roads where they sit along with a few rudimentary things and people- often poor, in distress, feeling depressed, feeling insecure and in search of some magical remedy through one of these alleged astrologers, swarm these astrologers in large numbers, getting some tips, some information and some facts- mostly vague in nature, which they accept as truths and start following them in their lives, to get further ruined and destroyed. A common feature in almost all these cases is the exchange of money in lieu of the alleged wisdom/information provided by the astrologers. many a times, this amount is small for poor people, but it can turn to be quite hefty in case of middle class and upper middle class families who are seen parting with a lot of wealth to these astrologers, a fair share of which have the possibility to be termed imposters and frauds.
33.                       That the same holds true for many God men, occult science practitioners as well who are found in every nook and corner of this country, not only in Lucknow or UP but all over India. As extremely wise and well-read people with a lot of intellect, many of us avoid some of these people because we tend to evaluate them better and thus get saved from their clutches but the poor, the destitute, the illiterate, the semi-literate people are not bestowed with equal amount of intellect and sense of wisdom and are always seen falling prey to the extremely devious ways of many of these fraudulent God men, supernatural entities etc. Here again, like in astrology, there is often exchange of money- sometimes small amounts, sometimes quite huge amounts, depending on the respective positions of the two parties and the need/mental status of the affected parties.
34.                       That the petitioners know for sure that this Hon’ble Court, being extremely cautious and sensitive to the Human Rights of the people, to the welfare and well-being of the poor and the destitute and being the House of true Wisdom is never going to ignore such an important issue where there is a great potential of being cheated, being destroyed and being ill-affected.
35.                       That the petitioners also fully understand that this Hon’ble Court will appreciate the fact that as stated in the above Para, these acts of most of the God men, occult scientists, astrologers etc where there is exchange of money in lieu of certain services, makes them some kind of profession and thus the way all other professions like engineering, medicine, law, Chartered Accountancy, Cost Accountancy etc are regulated through appropriate professional bodies, these activities also need to be regulated to save the life and property of millions of people. The only difference here would possibly the fact that unlike those temporal arts and science, here there could a realm of paranormal, parahuman, supernatural and Divine and hence those regulating these activities would again need to be extremely capable persons from these fields as well. But at the same time, it would remain undisputed that because of all the above reasons, there is a definite need to regulate the above acts as well.
36.                       That considering all these facts in mind, the petitioners had first send a representation to the office of the Hon’ble Prime Minister’s office, presenting all these facts and making a few suggestions/prayers. The petitioners chose to write directly to the Hon’ble Prime Minister’s office because this action possibly needs the coming together or one or more Ministries and such a coordination might be possible only at the level of the Hon’ble Prime Minister’s office. A copy of the representation dated 13/06/2013 is being attached as Annexure No 1.
37.                       That since nothing seems to have happened at that end and as explained in great details in the above Para, this matter is of wide public importance and public concern. Thus the petitioners find no other alternative remedy that to approach this Hon’ble Court through this Public Interest Litigation to ask for certain prayers because of the reasons being stated among the Grounds as enumerated below.
38.                       That the petitioner’s photograph and Identity proof in the form of Passport has been enclosed along with.
GROUNDS
(1)       Because most of these astrologers and God men offer their services and take money/financial return in various forms
(2)       Because this act of getting money for their services makes them prima-facie a professional work
(3)       Because almost all the professional entities are regulated through various State acts, including devising definite professional courses, having definite professional bodies etc
(4)       Because the astrologers and God men etc exert a very powerful influence of the common people
(5)       Because there are very very large number of these astrologers and God men whose activities seems to be regulated in one way or another for the common person’s safety and well-being
(6)       Because many of the persons fall prey to false God men and fraudulent astrologers because of its being completely unrestricted and non-regulated area
(7)       Because it is true that given the  nature of these acts and crafts, it is possibly not easy to frame definite curriculum for them
(8)       Because it is also possibly the fact that common people cannot fathom and understand their hidden capabilities
(9)       Because given the nature of their art and craft, it can be safely assumed that other well-renowned, well-respected God men and astrologers can definitely comprehend the power, abilities and merit of the other claimants of this art and craft
(10)   Because for the above reasons, there seems to be every logic for constituting professional bodies for astrologers and God men consisting only of persons from these fields to adequately and duly regulate the persons claiming themselves to be so, for saving the life and property of the common people
(11)   Because the petitioners had sent a representation to the Hon’ble Prime Minister Office in this regards but nothing seems to have happened so far

PRAYER
Wherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to-
a.     to issue a writ of mandamus to direct the respondent to frame suitable policies including forming one or more Council/Professional bodies/Regulatory or controlling bodies consisting completely of astrologers or otherwise for those claiming themselves to be astrologers and practicing the art of astrology, at National, State and/or Regional levels, as per the requirements, which shall be evaluating their genuineness or otherwise and fitness or otherwise to practice their art/science and only after this verification and due authentication any astrologer shall be allowed to practice this art/science, where one of these body might as the Nodal body for the astrologers almost in a way Medical Council of India, Indian Council of Chartered Accountants or Bar Council of India works, as suggested in the representation dated 13/06/2013 (Annexure No 1) or otherwise
b.              to issue a writ of mandamus to direct the respondent to form one or more Council/Professional bodies/Regulatory or controlling bodies for the God-men, occult science practitioners, professional preachers etc of all religions consisting completely of such God-men, occult science practitioners, professional preachers etc or otherwise  for those claiming themselves to be God-men, occult science practitioners, professional preachers etc and practicing the art and craft, at National, State and/or Regional levels, as per the requirements, which shall be evaluating their genuineness or otherwise and fitness or otherwise to practice their art/science and only after this verification and due authentication any such person shall be allowed to practice this art/science, where one of these body might as the Nodal body for the God-men, occult science practitioners, professional preachers almost in a way Medical Council of India, Indian Council of Chartered Accountants or Bar Council of India works, as suggested in the representation dated 13/06/2013 (Annexure No 1) or otherwise.
c.               to pass any other order or directions which this Hon’ble Court may deems fit and proper in the facts and circumstance of the present case.

Lucknow                                                                      Dr Nutan Thakur
Dated-  30/08/2013                                                 Petitioner In Person                                                                                                      # 94155-34525











In the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ petition No-              of 2013 (PIL-Civil)

Amitabh and Nutan Thakur                                         Petitioners
Versus
Union of India                                                                   Respondent






AFFIDAVIT
I, Nutan Thakur, aged about 40 years, w/o Sri Amitabh Thakur r/o 5/426, Viram Khand, Gomti Nagar, Lucknow, religion Hinduism, education- P Hd, D Litt, profession- Social activist and journalist, the deponent, do hereby solemnly affirm and state on oath as under-
1.     That the deponent is the petitioner No 2 in the above noted petition and as such she is fully conversant with the facts and circumstances of the case, deposed to hereunder. She also declares on oath that she has been authorized by Sri Amitabh Thakur, petitioner No 1, as well and hence she files this affidavit on behalf of both the petitioners
2.     That the contents of the paragraphs                                                                        of the Writ petition are true to my personal knowledge,                                            based on documents and records and                                                   believed to be true or are based on legal advice.
3.     That the Annexure No 1 is the true copy of the original.




Place Lucknow                                                                  (Nutan Thakur)
Date-     30/08/2013                                                      Deponent
VERIFICATION
I, the deponent above named, do hereby verify that the contents of paragraphs 1 to 3 above this Affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed. So, help me God
Signed and verified this the                             day of                                    2013  at Lucknow
Deponent
Identification
I identify the deponent, on the basis of records produced before me, who has signed before me.
                                    Advocate

Solemnly affirmed me on                                 at                                am/pm by the deponent Nutan Thakur, who has been identified by Sri                              clerk to Sri                                                                                                                                       , Advocate, high court, Lucknow Bench, Lucknow
I have satisfied myself by examining the deponent that she understands the contents of this Affidavit which have been read over and explained to him by me
                                                                                    Oath Commissioner