District Kolkata

In the High Court at Calcutta, Constitutional writ jurisdiction

Appellate Side
C.O. / C.R. No.

of 2014

In the matter of:

An application under Article 226 of the
Constitution of India
And
In the matter of:
Articles 14, 15(1), 17, 19(2), 25, 46, 51(A)(c),
51(A)(e), 51(A)(f), 52, 54, 58, 164, 325, 330,
332, 334, 335, 338, 340, 341, 342 and 366 of
the Constitution of India
And
In the matter of:
The Press and Registrations of Books Act
And
In the matter of:

Indecent

Representation

of

Women

(Prohibition) Act, 1986

And
In the matter of:
Commission of Sati (Prevention) Act, 1987
And
In the matter of:
Scheduled

Castes

and

Scheduled

Tribes

(Prevention and atrocities) Act, 1989 enacted

by the Parliament of India (Act 33 of 1989)
And
In the matter of:
Illegal attempt on the part of the Respondents
no. 1 and 2 by printing and publishing Hindu
religious books with frivolous interpretation of
Sanskrit verses and scriptures of Srimad
Bhagavad Gita.
And
In the matter of:
Mr. Mrinal Kanti Khawas,

Son of Ashutosh Khawas, residing at Village :

Sanctoria, P.O. Dishergarh, Dist : Burdwan,
PIN 713324
Petitioner

-Versus1. Shyamrup Das,

Publisher of Books, Bhakti Vedanta Trust,
Iskcon, Mayapur, Dist. Nadia, West Bengal,
PIN - 741313
2. Bhakti Charu Swami,
Translator of Books, Bhakti Vedanta Trust,
Iskcon, Mayapur, Dist. Nadia, West Bengal,
PIN - 741313
3. Governing Body Members,
Bhakti Vedanta Trust, Iskcon, Mayapur, Dist.
Nadia, West Bengal, PIN - 741313

Respondents
To,
Honble Mr. Arun Mishra

The Chief Justice and His Companion

Justices of the said Honble Court

The humble petition of and on behalf of the

petitioner abovenamed most respectfully

Sheweth :
1 The Petitioner is a citizen of India and is also a successive eligible scholar on
Sanskrit vyakaran and alankar and having specialized knowledge in vedic
scriptures, Lord Shrichaitanya vite philosophy etc.
2 The petitioner is also a Homeopathy Practitioner and also is a social worker
having his residence at village Sanctoria, Post Office Dishergarh in the Burdwan
District in the State of West Bengal and has also been actively associated with
the several socio-cultural organisations in the State of West Bengal.
3 The instant petition is being filled by the petitioner for and on behalf of the
citizens of India seeking a writ or order or direction in the nature of mandamus
upon the Respondents Nos. 1 and 2 commanding them to forbear from
challenging the Preamble and the core essence of Constitution of India inter alia
changing, disturbing and misleading representation of the essence of Srimad
Bhagavad Gita in respect of the series of religious books printed and published
by Isckon ( Respondent No. 3 ) i.e. Bhagavad Gita As It Is and Shrimad
Bhagavadam for the ostensible purpose of Publicity for their society to the
western world by molestation and discriminating of race, sex, class, religion,
socioeconomic values of citizens of India at the instance of Respondents Nos. 1
and 2 to be financed by the Respondent No. 3 or for any other purpose which

might cause any such disturbance of the dignity of individual and unity and
integrity of the Nation.
4 The petitioner submits that such publications , if effected, would not only cause
disaster to the dignity of women lives in a cultural society and religious
environment of the West Bengal and in particular Hindu religion community in
India, but it would be in violation of constitutional rights of the citizens of India
guaranteed by the Constitution of India and the Constitution prohibits inter alia
the petitioner craves leave to refer to a copy or of the safeguards narrated in
Constitution of India, at the time of hearing, if necessary.
5 The petitioner further submits that such publications, if effected, would cause
breach of peace of the state inter alia and such publications consist with several
frivolous statements expressing harshly outrage not only to the constitutional
democratic system of India as well as pointing their finger to the Honble Judges,
President and the judicial system of India by printing and publishing aforesaid
books in India as well as in other countries. The petitioner craves leave to refer to
a copy of such frivolous statements have been made and published by the
respondents in the aforesaid books, at the time of hearing.
6 The petitioner further submits that such publications, if effected, not only would
cause severe cognizable offences against women of the various societies such
as rape, eve teasing, outraging the modesty of women etc but it would be in
violation of constitutional dignity and rights of women, the statute Indecent
Representation of Women (Prohibition) Act, 1986 and Commission of Sati
(Prevention) Act, 1987. The petitioner craves leave to refer to a copy of such
frivolous and disaster encouraging statements have been made and published by
the respondents in the aforesaid books, at the time of hearing.
7 The petitioner submits that such publications, if effected, would not only cause
disaster to the dignity of people of lower and under developed class lives in a

cultural society of the West Bengal and in particular the socio-economic

environment in India, but it would be in violation of fundamental rights and
untouchability and other constitutional rights, remedies, prohibition and
prevention guaranteed under the provisions of Constitution of India and the
Constitution prohibits inter alia the petitioner craves leave to refer to a copy or of
the safeguards narrated in Constitution of India, at the time of hearing, if
necessary
8 The petitioner has come to know that the Government of India are now devising
various strategies to the citizens of India to safeguard and prevent their
fundamental, socio-economic, political and cultural rights and etymological
traditional values etc. by destroying the surroundings jeopardising discrimination
based on sex, race, caste and disability and peace, safety, security of people of
India in gross violation of the Preamble of Constitution alongwith Constitutional
Rights of citizens of India and the pupils of the educational, social and religious
Institutions close by as also in violation of the Scheduled Castes and Scheduled
Tribes (Prevention and atrocities) Act, 1989 was enacted by the Parliament of
India (Act 33 of 1989).
9 The Government has already taken for protection of women, people of scheduled
castes, scheduled tribes and people of other backward class and in this regard
has published an approach paper.
10 The State Government of West Bengal has also published a similar policy
document for protection of women, people of scheduled castes, scheduled tribes
and preservations of people of backward classes.
11 That the respondent no. 3 is a society incorporated and founded in 1966 in New
York City, United States of America engaged in religious and spiritual activities
having one of its branch office or centre in Mayapur, District Nadia, West Bengal ,
India 741313 and it is a stranger to our etymological religious education but in

order to augment its interpretation and misrepresentation has surreptitiously

come to an understanding with the Respondent No. 1 and Respondent No. 2 to
violate, disturb and challenge the Preamble of Constitution of India by
propagating their own delinquent and erroneous theory.
12 That the aforesaid religious books contained with illicit facts would encourage
people to commit various crimes, offences and illegal activities and it may be
uncomplicated for several terrorist organisation to strengthen them by engaging
such deceived people having educated with said books to waging war against
India by killing polytheists other than Iskcon followers.
13 Article 51A of the Constitution of India casts several duties upon the
Respondents e.g. to abide by the Constitution and respect its ideas and
institutions, the National Flag and the National Anthem; to cherish and follow the
noble ideals which inspired our national struggle for freedom; to uphold and
protect the sovereignty, unity and integrity of India; to promote harmony and spirit
of common brotherhood among all the people of India, transcending religious,
linguistic, regional or sectional diversities, to renounce practices derogatory to
the dignity of women; to value and preserve the rich heritage of our composite
culture; to develop the scientific temper, humanism and spirit of inquiry and
reform; to safeguard public property and to abjure violence; to strive towards
excellence in all spheres of individual and collective activities so that the nation
constantly rises to higher levels of endeavor and achievement; etc. and they are
also in duty bound to prevent any action which is likely to degrade the core
essence of Constitution i.e. Preamble of Constitution of India and effect the
peace and living conditions of citizens of India and to prevent destruction of
fundamental, socio-economical, political and constitutional rights of people of
India.

14 The petitioner, therefore, begs to move this application as a citizen of India, and
also on behalf of the citizens and residents of India in order to protect their right
as enshrined under Article(s) 14, 15(1), 17, 19(2), 25, 46, 51(A)(c), 51(A)(e),
51(A)(f), 52, 54, 58, 164, 330, 332, 334, 335, 338, 340, 341, 342 and 366 of the
Constitution of India inasmuch as the persons likely to be prejudiced and affected
by the aforesaid publications of the Respondents and the petitioner is also duty
bound under the provision of Article 51A(c), 51A(e) and 51A(f) of the Constitution
to institute action for protection of Preamble against Respondents disgraceful
attempt by publishing and propagating aforesaid books.
15 The petitioner is also duty bound under the provisions of Article 51A(e) and
51A(f) of the Constitution of India to initiate action to protect harmony and the
spirit of common brotherhood amongst all people of India transcending religious,
linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women and to preserve the rich heritage of our
composite culture against illegal attempt on the part of the Respondents No. 1 to
3 by publishing their own delinquent and erroneous theory in the name of
Shrimad Bhagavad Gita as it is and Shrimad Bhagavadam.
16 The petitioner submitted an online application before the Human Rights
Commission on 10.03.2013 vide its complain no. 139699 subsequently before
the

National

Commission

for

Women

on

vide

its

complain

no.

8/C1300684/2013/NCW/SS/SKP in respect of aforesaid illegal attempt on the

part of Respondents No. 1 to 3 by publishing derogatory and defamatory theory
to the dignity of women inter alia based upon frivolous concepts in the name of
Shrimad Bhagavad Gita as it is and Shrimad Bhagavadam.
17 Being aggrieved by and dissatisfied with the stagnation of the both aforesaid
commissions the petitioner begs to move the instant application under Article 226
of the Constitution of India on the following amongst other.

GROUNDS
A] For the purposely aforesaid publications and propagation of the same is to
cause great injuries to the Preamble of the Constitution of India and
consequently would infringe fundamental rights of life of the citizens of
India as impliedly enshrined in Articles 14, 15(1), 17, 19(2) and 25 of
Constitution of India and would thus be violative of socio economic
interests of schedule castes and schedule tribes and other weaker
sections and protection provided for them from social injustice and all
forms of exploitation and other special provisions of Constitution of India
for scheduled castes, scheduled tribes and other backward classes as
guaranteed in Articles 46, 164, 325, 330, 332, 334, 335, 338, 340, 341,
342 and 366.
B] For that aforesaid publishing and propagating derogatory statements to
the dignity of women would amount to creating several security problems
for the women lives in India.
C] For that aforesaid publishing and propagating derogatory concepts to the
Indian judicial system, Honble Judges and Justices of India and President
of India would amount to creating several terrorism problems, agitation
issues in the name of various wars, disturbances and differences in
connection to religions and castes discrimination in India.
18 The petitioner submits that this application is necessitated and relief prayed
should be granted in view of the total disregard for the law established. The
petitioner further submits that the issues aforementioned have been simmering
for far too long and unless effective measures are taken, constitutional rights of
citizens of India may continue to be infringed and violated. T
19 The petitioner states that has not moved any other application on the self-same
cause of action in any Court of Law or before Honble Supreme Court.
20 The cause of action of this instant application arose outside the Ordinary Original
Civil Jurisdiction of this Honble Court.
21 The petitioner rely on documents, list whereof is annexed hereto.
22 The petitioner has paid the necessary court fee.

23 The petitioner states that this is a Public Interest Litigation.

24 The petitioner has no other efficacious and alternative remedy and the remedies
prayed for hereunder would give full and final relief to the citizens of India
concerned on whose behalf the instant application is being moved.
25 As indicated hereinabove, the petitioner is moving this application in public good
to protect the public interest and not intended to serve any interest of any
individual and in case the orders, as prayed for hereunder, are not granted the
citizens of India concerned would suffer irreparable loss and injury.
26 That this application is being moved bona fide and in the interest of justice

The petitioner therefore most humbly prays

Your Lordships for:That this Hon'ble Court may please to issue a
Writ of Continuous Mandamus or a Writ in the
nature of mandamus or any other Writ, Order
or Direction, directinga The Respondents No. 1 and 2 to take such
measures so as to secure strict compliance to
the

Constitution

of

India

by

suspending

publications and propagations aforesaid books.

In the backdrop of, many a times conclusive
orders of courts are not complied with; and
time and again even courts have shown their
inability to monitor implementation of their
orders it is humbly suggested that the Honble
Court while passing Orders, interim or final

may direct Respondents No. 1 and 2 to update

their website about Courts direction so given
and action taken in pursuant thereof. As long
as the Respondents website does not show up
details action taken, non compliance of Court
Orders can and should safely be presumed
and be alleged. Website addresses of Iskcon
are

iskcon.org,

gbc.iskcon.org,

bbt.info,

Krishna.org etc.

b An Order or direction to the Respondents and

their subordinates agents restraining them
impersonating with Constitutional rights and
composite culture of citizens of India or to do
any act or omission which would enable the
Respondents No. 1 and 2 to create any
disturbance in society;

An Order or direction to ban the aforesaid

books with an immediate effect.

d An Order or direction upon the Respondents

No. 1 and 2 directing them to bring all records
relating to any decision that might have been
taken for publications of aforesaid books so

that conscionable justice may be administered

by quashing the same;

e An Order of attachment of aforesaid books

published by the Respondents;

For such other relief or reliefs to which the

petitioner on behalf of the citizens of India may
be found entitled in law and any equity.

g Pass such other and further Orders as this

Honble Court may deem proper and expedient
in the Public Interest.

h For expeditious hearing of this application.

And your petitioner, as in duty bound, shall ever pray.

V E R I F I C AT I O N
I, Mrinal Kanti Khawas , residing at village Sanctoria, Post Office Dishergarh in the
District of Burdwan and in the State of West Bengal, PIN Code 713324; and
competent citizen of India and am is the petitioner in the present instant application do
hereby verify and state that the foregoing paragraphs in the application from paragraphs
no.1

to 26 including the cause title thereof are all true to my knowledge and the

statements made in rest of the paragraphs including the prayer portion thereof are my
humble submissions before the Honble Court.
I sign this verification on this the

day of March, 2014 at Kolkata.

Prepared in my office
___________________
SIGNATURE OF VERIFIER
Advocate
District Kolkata
In the High Court at Calcutta, Constitutional writ jurisdiction
Appellate Side
C.O. / C.R. No.

of 2014

Mr. Mrinal Kanti Khawas

. . . Petitioner
- Versus Iskcon Mayapur and Others
. . . Respondents

A F F I D A V I T
I, Mrinal Kanti Khawas , son of Ashutosh Khawas, aged about 42 years, by faith
Hindu, by occupation Doctor, by nationality Indian, residing at village Sanctoria, Post
Office Dishergarh, in the District of Burdwan and in the State of West Bengal, PIN Code
713324; do hereby solemnly affirm and say as follows:1 That I am the petitioner in the instant application and am well acquainted with the
facts and circumstances of the case. I am duly authorized and empowered to sign
the vakalatnama and affirm affidavits and verifications in this matter on behalf of the
society and I am competent to affirm this affidavit on behalf of the citizens of India
and self.
2 That the statements made in paragraph Nos. 1 to 26 are true to my knowledge and
the rests are my humble submissions before this Honble Court.
Identified by me

___________________
SIGNATURE OF DEPONENT

Advocate