WP/23220/2004 of Labour Liberation front, Regd. No. 4483, Vs The State of A.P., on 29 December 2004

ORDER:

In a way and in a sense, this writ petition demonstrates the extent to which theinstitutions of ancient origin as well as the concept of public interest litigation havebecome vulnerable. It also indicates the abyssal levels, to which the norms ofjournalism have drifted.

2. The petitioner claims to be a registered organization, with an object of espousingthe causes of labourers. It filed the writ petition seeking a direction to therespondents, viz. the authorities of Labour and Police Departments, to takeimmediate action in respect of criminal cases filed against Suryalaxmi CottonSpinning Mill, Mahaboobnagar, and violation of labour laws therein after calling forrecords. The basis or inspiration for filing this writ petition is said to be the items ofnews, published in various newspapers, during the months of November andDecember, 2004.

3. Two workers of the mill, referred to above, are said to have died in the year 1998.Investigation into the same is alleged to have been entrusted to the CBCID. Inparagraph-6 of the affidavit, which constitutes an important portion of the pleading, itwas stated as under:

“It is further submitted that it is reported that two teenaged womenworkers of 16 years and 18 years by name Tirupathamma and Nirmalammawere raped and murdered in the year March, 1998. The investigation wasentrusted to the CBCID Department, but no action is taken against the culprits.It is reported in the press that the relatives of the management were involvedin that case and also at the same time the Jayendra Saraswathi who was thePeethadhipathi of Kanchi Kamakoti came to the Surya Laxmi Cotton Spinningmill and performed poojas and yagnas. The rumors came out as two teenagewomen workers in the mill were killed in the name of “Bali” (Andhra JyothiDaily on 5.12.2004).”

Reference is also made to the items of news published in other newspapers.Clippings of the press reports referred to above are filed as material papers to thewrit petition.

4 . The writ petition came up for admission on 15.12.2004. During the course ofhearing, it was enquired from the learned counsel for the petitioner as to what wasthe basis and relevance for making reference to Sri Jayendra Saraswathi in this writpetition, and it was adjourned to 21.12.2004, to enable the deponent to appear. Thedeponent filed W.P.M.P(SR) No.127642 of 2004, seeking permission of the Court todelete the portion of the affidavit, extracted above. He also tendered unconditionalapology for mentioning the name of Swamiji. On the next date of hearing, theattention of the learned counsel for the petitioner was drawn to Annexure-I to the writpetition, which reads as under:

1. “The petitioners organization is registered one with Regd.No.4483 and ourorganization is affiliated to Mahaboobnagar District Palamoori contract labourunion.organization is affiliated to Mahaboobnagar District Palamoori contract labourunion.

2. The Jayendra Saraswathi who was the Peethadhipathi of Kanchi Kamakoti came tothe Surya Laxmi Cotton Spinning mill and performed pujas and yagnas.the Surya Laxmi Cotton Spinning mill and performed pujas and yagnas.

3. The police didn’t register the crime and no post mortem of the dead body wasconducted. The same is reported in the press [(1) Andhra Jyothi Daily on 17-11-2004, 5-12-2004 and 07-12-2004, 2) Eenadu Daily on 04-12-2004]”.conducted. The same is reported in the press [(1) Andhra Jyothi Daily on 17-11-2004, 5-12-2004 and 07-12-2004, 2) Eenadu Daily on 04-12-2004]”.

In fact, the learned counsel, Sri Prathipati Venkateswarlu, was shocked andsurprised on seeing this, and immediately made a request to the Court to permit himto withdraw the writ petition, after receiving instructions from his client. There shouldnot have been any difficulty for this Court in acceding to his request. However, it isfelt that a time has come, when the Court has to discourage the indiscriminateproceedings in the name of public interest litigation, and guard itself from being usedas a tool by certain interested persons to gain popularity, or to create sensation.Time has also come, to express concern over the way in which institutions andpersons of high reputation are sought to be maligned.

5. The petitioner claimed to itself, the credit for the various steps stated to have beeninitiated by it, before the organizations within and outside the country, with an objectof ameliorating the conditions of workmen. Several instances are cited in an index.To that extent, nobody can have any grievance, and even if a handful of workers arebenefited out of such proceedings or steps, the petitioner deserves to becongratulated and appreciated for it. However, this Court is compelled to observethat the only provocation for the petitioner to file this writ petition appears to be therecent unfortunate happenings in relation to a seer of an ancient, prestigious,glorious and reputed institution, with almost 2500 years of history. The petitionermade no secret of this and found it difficult to relate or connect the alleged causes, tothe name, he has taken with impunity. When he was called upon to explain, hetendered apology and sought to delete the paragraph. To certain extent, thepetitioner who appears to have been otherwise interested in the welfare of labourerswas swayed away by the news items published in certain dailies and he did notwant to lag behind in the unprecedented process of denigration of the religiousinstitutions.

6. It is rather sad and sorrowful that an institution of such glory, that withstood foreigninvasions, and social revolutions from time to time spread over past 25 centuries, isvirtually targeted and persecuted in an organized manner, in an independentcountry. Not only individuals but also a section of institutions, such as, the State andPress, appear to be determined to be belittle and besmirch the Peetham. The perfidycaused to it has shocked almost everybody in the society, cutting across thereligions and borders of the country. The role of the Courts, though indirect, is by nomeans insignificant. Proponents of human rights, fair play dignity to the individualsand institutions have maintained stoic silence. A powerful section is either celebrating it or is watching it, with indifference. The issue appears to be having agreater dimension than investigation into a murder. That, however is a differentaspect.

7. There are certain institutions in every country, which constitute their conscienceand pride, and irrespective of the form of the Government, they are respected andrevered. In doing so, the country and its people, in fact respect themselves. Evenwhere any aberration occurs in such institutions, wise and prudent people make allefforts to address them in isolation and try to protect the institution, at all costs. It isonly the unwise and shortsighted, that try to project the system or institution withreference to aberration. If at all anything, such measures indicate fall of moral andethical standards. In the process, the institution has nothing to loose, but in the longrun, the society will be heading towards self-destruction. The situation would bemuch more serious where the targeted institution is the conscious keeper of thesociety.

8. For example, few years ago, no less a personality than the Chief Justice of India,said at a meeting that there is considerable number of Judges whose reputation isnot above board. This statement will certainly be a matter of concern for everyone,but can never constitute a justification to denounce the judiciary as a whole.Examples can be multiplied. Further, it is not uncommon that the institutions orpersons of high reputation are subjected to virulent propaganda. One is required tobe careful and cautious in forming opinions or acting on the basis of the same.Human ingenuity is so capable that it can make people to believe as true, what is infact false, and vice-versa. It is for this reason that one has to reserve the opinionsabout others till a final adjudication or verification takes place.

9. In the recent history, we had an example. During the Rule of Sri Krishnadevaraya,one of the most celebrated kings of the time, a section of the family was successfulin getting a verdict against the pillar of the dynasty; Mahamanthri Thimmarusu, bycreating false evidence and get his eyes removed by way of punishment. It was toolate for the king to repent, when the truth came out and what happened thereafter isa matter of history. Unfortunately, those who are in search of immediate fame,publicity or protection, do not draw any lessons from such instances. The amount ofdisrepute and sacrilege inflicted upon Sri Jayendra Saraswathi, as of now, is so enormous, that it hardly has any comparables. Harshest possible words andexpressions were used either directly or in innuendo. For persons who have grownto the level of distinguishing the body from the soul, this may be of littleconsequence. However, the entire episode certainly indicates the levels of mercuryin the barometer of social and moral values.

10. Today, he is subjected to the similar treatment, as was Draupadi, in the Court ofKauravas. While some enjoyed the humiliation caused to her, others who were in aposition to rescue her, remained silent by citing their own personal reasons orpleading excuses. It ultimately emerged that both the categories of the people had topay the price. They lost their right to protest, when they were subjected to humiliationor injustice of a higher degree, at a later point of time.

11. The importance of spiritual organizations and institutions can by no means beunderestimated in the matter of building and shaping a country, or for that matter, thesociety. Some times, attempts are made to depict the spiritualism as an antithesis toscientific thinking. However, if one reads what Albert Einsten, a scientist of thehighest order said, it would be evident as to how shallow, such an approach, is. Heobserved, “I have made the Geetha and Sanskrit Literature, the main source of my inspirationand guidance for the purpose of scientific investigations and formation of mytheories”.

The contribution of such institutions in the field of character building and preachingof morals, irrespective of the religions, to which they belong, hardly needs anyemphasis. Any attempt to denigrate them, would be a pointer towards theprogression of the society towards ethical and moral bankruptcy. When suchbankruptcy and degradation reaches a point, the very connotation of civilizationneeds to be redefined. It is trite that denouncement of an institution of high reputationand importance on the basis of motivated or unproved allegations would be suicidalto the society.

12. An expression which has gained considerable currency in the recent past is“Law will take its own course”. With due deference to those who coined it or thosewho firmly believe in it, it can be said that it is not true, at least in part. For this adage to become true, there has to be sincerity and honesty at all levels in those who areassociated with administration of justice. The outcome of proceedings in law,particularly in criminal cases can be predicted with an element of objectivity andcertitude, if only

a. the prosecuting agency presents the case honestly,

b) the witnesses depose truly,

c) the provisions of law are clear, and

d) the adjudicator is efficient and honest.

Lapse or deficiency on any of these aspects would have its own impact on theoutcome of the case.

13. If the prosecution is to depend upon the whims and fancies of the prosecutingagency or the Government of the day, if the witnesses keep on changing theirversions, if the law is framed or changed keeping certain individuals in view, and ifthe adjudicator is not up to the expected standards, the law will not take its owncourse. On the other hand, its course is determined by one or the several factorsreferred to above. The way in which cases foisted or withdrawn, particularly with thechange of the Governments, the manner in which, the witnesses are coming forward,with conflicting versions, would illustrate phenomenon referred to above. Thecriminal legal system in the country has become so elastic and uncertain thatpersons can be put behind the bars for months or years together on the basis ofunfounded allegations, whereas, those convicted for heinous crimes can be made towander freely in the society by liberating them from jails, even before they haveserved the sentence. Much would depend upon the whims of those who control thesystem.

14. In the recent past, the freedom of the prosecuting agency, and that of the Courts,to deal with the cases before them freely and objectively, is substantially eroded, onaccount of the overactive or proactive stances taken in the presentations made bythe print and electronic media. Once an incident involving prominent person orinstitution takes place, the media is swinging into action and virtually leaving verylittle for the prosecution or the Courts to examine the matter. Recently, it hasassumed dangerous proportions, to the extent of intruding into the very privacy of individuals. Gross misuse of technological advancements, and the unhealthycompetition in the field of journalism resulted in obliteration of norms or commitmentto the noble profession. The freedom of speech and expression which is the bedrock of journalism, is subjected to gross misuse. It must not be forgotten that onlythose who maintain restraint can exercise rights and freedoms effectively.

15. If the press clippings filed as material papers in this writ petition are examined, itindicates the miserable levels to which the glorious profession of journalism wasbrought to. In the edition of 17[th] November, 2004 of a Telugu daily, the heading ofnews item, loosely translated, reads “harassment to labourers and luxuries toSwami”. The name of Sri Jayendra Saraswathi was taken and it was written “sincelast two decades the management is inviting Swamiji by incurring huge expenditurefor performing poojas, and it is facing the criticism of “killing crows and feedingvultures”. In another news item of 5[th] December, 2004, of the same daily,indiscriminate reference is made to Swamiji and others in the context of death ofwomen which is said to have taken place in the year 1998. It continued its tiradeagainst the mill in the subsequent news items, and wrote very nasty about it. Anothervernacular daily went a bit further. In its District Edition of 4[th] December, 2004, it hasput a picture of noose used to hang the criminals, around the sign board of SuryaLaxmi Cotton Mills. In the news item, the name of Swami Jayendra Saraswathi istaken and reference is made to several irregularities said to have taken place in themill. Even before the writ petition is filed, the petitioner appears to have informed thedaily, and in their District Edition on 11[th] December, 2004, a news item waspublished that the petitioner is going to file a writ petition. Here again, the name ofthe seer was taken.

16. A section of the electronic medium has reduced the entertainment andjournalism to nauseating levels. For instance, a local Telugu Channel conducted aquiz, in the last week. The viewers were given the option to choose ‘Bakara’ amongthe 4 choices. They are 1) Sushil Kumar Shinde 2) Jayendra Saraswathi 3) UmaBharathi; and 4) the Cheetah, caught at Jubilee Hills. To say the least, the said newsitems and the presentations in the networks disclose the way of thinking or thestandards set for themselves in the field of journalism, by those who are running thesame. The persons who have contributed the news items and those who publishedthem have forgotten basic values of life, leave alone that journalism. Unfortunately, they are not rare exceptions.

17. At one stage, this Court thought of issuing notices to the concerned newspapersand the channel, directing them to show cause as to why the matter should not bereferred to Press Council of India or any other concerned agencies. Two factorsweighed with the Court, to give up the idea. One is that such a course of action isprone to be utilized for aggrandizement. The second is that, in the matters of thisnature, effective results can be expected, if a proper message is conveyed, with thehope that wise counsel would prevail on the concerned. It they still pursue the samepath, a day would not be too far when they would be shown their place in thesociety.

18. Freedom of speech and expression is a concept “deduced” (to adopt the wordsof Sri Soli Sorabji) by courts from the provisions of the Constitution of India. Thoughthere is no direct provision in the constitution, the Courts, particularly the SupremeCourt and High Courts recognized the necessity and importance of a free press, tosustain a healthy democracy and the corresponding right was carved out, throughthe process of interpretation. It was nourished and nurtured by the Courts byprotecting it from the onslaughts, from time to time. However, with the passage oftime, the freedom came to be grossly misused by certain agencies. Thanks to thecontribution of a section of the press, such a sacred freedom was brought tonauseating levels. The observation of the Supreme Court recently in relation topublication of photographs of a cine heroin and her friend; in a daily, indicates thegravity. One has only to realize that the courts which have “deduced” freedom ofspeech and expression and nurtured it for the past few decades, may not find itdifficult to redefine it, if it is found to have been misused by certain persons orinstitutions, to the point absurdity. It is the cumulative effect of the various instancesof the type referred to above, that may bring about such a situation or rethinking inthe entire matter, and if that happens, the society may have pay the proportionateprice. The reason is that, freedom is always replaced by tyranny.

19. There is a broader angle to the matter. Though the Courts have rescued thesituations many times, they have their own limitations. Much would depend on thevalues cherished by a society. If the state institutions and the members of the societydo not identify for themselves, and follow the basic norms, much cannot be expected from the Courts. Once the society does not feel any responsibility to itself, and doesnot follow the basic principles of morality, mutual respect and tolerance, no Courtscan help the situation. A famous Jurist and an American Judge, ‘Learned Hand’, inone of his celebrated speeches on “Contribution of an Independent Judiciary”observed as under:

“[T]hat a society so riven that the spirit of moderation is gone, no court can save; thata society where that spirit flourishes, no court need save; that in a society whichevades its responsibility by thrusting upon the courts the nurture of that spirit, thatspirit in the end will perish. What is the spirit of moderation? It is the temper whichdoes not press a partisan advantage to its bitter end, which can understand and willrespect the other side, which feels a unity between all citizens-real and not thefactitious product of propaganda-which recognizes their common fate and theircommon aspirations-in a word, which has faith in the sacredness of the individual. Ifyou ask me how such a temper and such a faith are bred and fostered, I cannotanswer. They are the last flowers of civilization, delicate and easily overrun by theweeds of our sinful human nature; we may even now be witnessing their uprooting anddisappearance until in the progress of the ages their seeds can once more find somefriendly soil. But I am satisfied that they must have the vigor within themselves towithstand the winds and weather of an indifferent and ruthless world; and that it is idleto seek shelter for them in a courtroom. Men must take that temper and that faith withthem into the field, into the market-place, into the factory, into the council-room, intotheir homes; they cannot be imposed; they must be lived. Words will not expressthem; arguments will not clarify them; decisions will not maintain them…”

He said about spirit of liberty almost similar tone. This aspect of the matter wasclearly demonstrated in India, during Emergency.

20. The necessity for this Court to undertake this discussion arose because of thefact that the pleadings of the petitioner are nothing but the manifestation of thefeelings of a section of society and unless they are curbed at a stage, they may growto monostrous proportions. Though Courts or other institutions may express theirview points, much would depend on how the society at large, choses to react. It issaid that when Thomas Jefferson came out the Constituent Assembly, the waitersasked him as to what is the form of government, they have decided for America. Hisanswer was “Democracy, provided you keep it”. What applies to form of government,equality, if not with greater force applies to the norms and values in the society.

21. The petitioner sought for action against the mill, by alleging certain acts andomissions against it. It was fundamental for it to have impleaded the mill. It has notchosen to do so. The obvious reason is that it was more anxious to tarnish the imageof a seer than to protect the interests of the labourers. The whole episode reveals that the concept of public interest litigation evolved by Courts to protect publicinterest has been grossly misused by the petitioner.

22. For the foregoing reasons, the writ petition is dismissed. There shall be no orderas to costs.

____________________

L.NARASIMHA REDDY, J.

Dt.29[th] December, 2004.Note:L.R copy to be marked.Pan/ko (One Fair copy to the Hon’ble Sri Justice L.Narasimha Reddy (for his Lordship’s kind perusal)

To

1 The Principal Secretary, Labour Department, Secretariat, Hyderabad.

2 The Secretary, Home Department,

State of Andhra Pradesh, Secretariat, Hyderabad.

3 The Commissioner of Labour, A.P., Anjaiah Bhavan, R.T.C.X Road, Hdyerabad.

4 The Asst. Commissioner of Labour, Mahaboobnagar, Mahaboobnagar District.

5 The Director General of Police, A.P., Lakdikapool, Hyderabad.

6 The Superintendent of Police, Mahaboobnagar, Mahaboobnagar District.

7 The Station House Officer, Rural P.S., Mahaboobnagar, Mahaboobnagar District.

8 Two C.Cs to the Govt.Pleader for Labour, High Court building, Hyderabad.(OUT)

9 Two C.D. Copies.

10 8 L.R. Copies.

11 The Under Secretary, Union of India,

Ministry of Law, Justice and Company Affairs, New Delhi.

12 The Secretary, A.P.Advocates’ Association, Library, High Court buildings, Hyderabad.

13 The Section Officer, PIL, High Court of A.P., Hyderabad.