Holding

The High Court erred in issuing vague, general directions without specific allegations, and the petition lacks sufficient particulars; therefore, the special leave petitions are dismissed.

Summary

The petitioner filed a public‑interest litigation alleging that an oil mill near a Gurudwara was being used for smuggling narcotic drugs and that various officials, including a High Court judge, were corrupt. The Madhya Pradesh High Court issued a vague, sweeping order directing the stoppage of such activities and the overhaul of the administration, despite describing the prayer as absurd. The petitioner later claimed non‑compliance with that order and made further sweeping allegations against a judge and sought a direction to make Hindi the national language. The Supreme Court held that the High Court should not have issued such general, unimplementable directions without precise allegations, and that the petition lacked specific particulars, rendering the allegations against the judiciary untenable. Consequently, the Court dismissed the special leave petitions, directing only the DGP of Madhya Pradesh to investigate the smuggling allegations, and declined to entertain the other prayers.

Issues considered

Whether a High Court may issue general and sweeping directions in a PIL without specific, implementable allegations.
Whether the petitioner's allegations of narcotics smuggling and corruption are maintainable in the absence of detailed particulars.
Whether sweeping allegations against a judge and other judicial officers can be entertained.
Whether the Supreme Court should direct the DGP to investigate the alleged smuggling activities.
Whether a direction for the implementation of Hindi as the national language is appropriate in this petition.

Subjects

public interest litigationvague judicial orderssweeping directionsnarcotic drug smugglingallegations against judiciaryDGP investigationHindi as national languagepetition dismissed

Judgment

GIANI DEVENDAR SINGH SANT SEPOY SINGH A
v.
UNION OF INDIA AND ANOTHER

JANUARY 4, 1995

[P.B. SAWANT AND G.N. RAY, JJ.) B

Public Interest Litigation-General and wide allegations about corrup-
tion and clandestine activities-Petitioner inter alia alleging smuggling of nar-
cotic drugs by owners of a certain oil mill-High Court order making general
and sweeping observation~Held, High Court should not have issued man- c
date in general and sweeping tenns. which were not intended to be implemented
nor capable of being implemented because of its vagueness and inherent ab-
surdity-DGP of State, however, required to enquire into truth of allegations
of smuggling and illegal activities in oil mill.

Judiciary-Sweeping allegations against members of Judiciary-Held, D
while such allegations are to be deprecated, given the utter confusion and
obsession of petitioner, no serious view of such allegations made against
members of judiciary taken-Pleadings-PIL.

A PIL filed in the MP High Court alleged inter alia that clandestine E
business of smuggling and selling narcotic drugs was being carried on in
an oil mill near the Gurudwara where the petitioner and his wife were
Sevadars. It was prayed that a direction be issued to whomsoever it may
concern to stop this clandestine business of smuggling, and to direct the
Union Government to make arrangements for the export of these costly
items in order to conserve foreign exchange so that the country's finances F
may be revived. The High Court, on 27 February 1992, observed that how-
ever absurd the prayer and whatever be the intention of the petitioner in
filing the petition, it was clear that the petitioner was obsessed with great
and lofty ideals. To satisfy his vanity, therefore, the High Court made
certain general directions to prevent smuggling, to sack tliose officers who G
were carrying on these activities and to overhaul the entire administrative
+- machinery of the country.

In 1993, the petitioner approached the High Court complaining that
the concerned authorities had not complied with the direction of the High
Court. Complaints made by the petitioner to various authorities was H
27
28 SUPREME COURT REPORTS · [1995] 1 S.C.R.

A referred to. A Division Bench held that the direction contained in the order
dated 27 February 1992 was of a general nature, and in view of the general -.-,r
allegations against all concerned made by the petitioner, no relief could be ~
granted.

In appeal before this Court, the petitioner referred to his complaints
B before various executive and judicial authorities, and in particular alleged
;:
that a named judge was dishonest, communal and corrupt and that the
judicial officers before whom the complaints had been presented, failed to
y
take action because of patronage of that judge. There was also a prayer for
a direction for implementation of Hindi as a national language.
c Dismissing the petition, this Court ,-
I

HELD : 1. When the High Court was of the view that the prayer made
by the petitioner was absurd, it should not have made a direction in general
and sweeping terms. If the High Court intends to pass an order on an
D application presented before it by treating it as public interest litigation,
the High Court must precisely indicate the allegations or the statements
contained in such petition relating to public interest litigation and should
indicate how public interest was involved and only after ascertaining the
correctness of the allegation, should give specific direction as may seem
just and proper in the facts of the case. It appears that the High Court
E disposed of the petition in a lighter vein and its order is couched in veiled
sarcasm. Such course of action is not desirable and the High Court should
not have issued mandate in general and sweeping terms which were not
intended to be implemented and were not capable of being implemented
because of utter vagueness of the mandate and of its inherent absurdity.
'>
F [34-F-H, 35-A-B]
2. The petition presented before this Court lacks in material par-
ticulars and it is also very difficult to discern precisely the allegations
sought to be made. Reference to various cases made in different courts have
been made without giving relevant particulars. It is therefore not possible
to appreciate whether such complaints were maintainable or not and
G
whether on not orders passed on the complaints were justified. [35-F]

3. The sweeping allegations against a judge and other judicial officers
-+
need to be deprecated in no uncertain terms. But it appears that the
petitioner is a confused person obsessed with lofty ideals and perhaps has
H failed to appreciate the consequence of making wild allegations against
G.D. SINGH SANT S. SINGH v. U.O.I. [G.N. RAY, J.] 29

judicial officers. No serious note need, therefore, be taken of such allega- A
tions. [35-G-H]

4. The petitioner has been crying hoarse about smuggling and illegal
activities relating to narcotic drugs and psychotropic substances in the
premises of an oil mill. It is desirable that the DGP, Madhya Pradesh,
should cause enquiry to be made by some superior officials into the B
allegations, and take appropriate action on tlw! basis of the report.
-.. [37-C-D]
CRIMINAL APPELLATE JURISDICTION : Special Leave Peti-
tion (Cr!.) Nos. 1208-09 of 1994.
c
From the Judgment and Order dated 8.12.93 of the Madhya Pradesh
High Court in M.P. No. 63 of 1993.

Petitioner In-person.

The Judgment of the Court was delivered by D
G.N. RAY, J. These special leave petitions are directed against the
judgment and order dated December 8, 1993 passed by a Division Bench
of the High Court of Madhya Pradesh (Indore Bench) in Misc. Petition .
No. 63 of 1993. The Division Bench by the said order dismissed the petition
of the petitioner made before the Madhya Pradesh High Court (Indore E
Bench) inter alia contending that the respondents failed to comply with the
direction contained in the order dated February 27, 1992 passed in Misc.
Petition No. 266 of 1992 by a Division Bench of the Indore Bench of the
Madhya Pradesh High Court. As the direction dated 27.2.92 was passed by
a Division Bench of the Madhya Pradesh High Court consisting of the p
Chief Justice of the said High Court and Mr. Justice V.S. Kokje, a single
Bench of the Madhya Pradesh High Court before whom the petition
alleging non-compliance of the direction of the High Court was placed for
disposal, directed to place the matter before the Hon'ble the Chief Justice
at J abalpur so that the Chief Justice would constitute an appropriate bench
for the disposal of the said application. The learned Single Judge, namely, G
Mr. Justice V.S. Kokje called for the records of the cases mentioned in the
application of the petitioner from the Court of the learned Sessions Judge,
Mandsaur. It was directed that the lean~ed Sessions Judge, Mandsaur, •
should transmit the records of the cases filed by the petitioner in various
courts under the judgship of the learned Sessions Judge and transmit the H
-(

30 SUPREME COURT REPORTS [1995] 1 S.C.R.

A same to the High Court. The said application was numbered before the
Division Bench of the Madhya Pradesh High Court as Misc. Petition No.
63 of 1993 and as aforesaid by the impugned order the said Misc. petition
was dismissed by the Division Bench consisting of Mr. Justice V.S. Kokje
... _
and Mr. Justice R.D. Shukla. It may be stated here that one of the members
of the Division Bench, namely, the then Chief Justice of Madhya Pradesh
B High Court which disposed of Misc. Petition No. 266 of 1992 on 27.2.92
retired when the ·said Misc. Petition No. 63 of 1993 was taken up for
hearing by the Division Bench constituted for the purpose. y

It appears from the Order dated 27.2.92 passed by the Division
C Bench consisting of the then Chief Justice of Madhya Pradesh High Court,
Justice S.K. Jha and Justice V.S. Kokje in Misc. Petition No. 266 of 1992
that a public interest litigation was filed by the petitioner and he was heard
in person. The Division Bench in the order dated 27.2.92 has noted to the
following effect :
D
"Petitioner in person. He is heard. This is supposed to be a piece
of public interest litigation. As to whether it is a piece of litigation
or not, is not easy for us to discern. Be that as it may, as we have
been able to understand, the petitioner Shri Sardar Gyani
Devendra Singhji, Sant Sipahi, feels very much aggrieved and
E pained by the entire social order and the clandestine activities by
all and sundry in the country affecting not only the country's
finances, but eating up the nerves of the entire nation in all spheres.
According to the petitioner, he and his wife are Sevadars in a
Gurudwara situate at Ratangarh in the district of Mandsaur. His
F grievance is that there is an oil mill near the Gurudwara in which,
for all outward purposes, edible oils are manufactured, but people
there are engaged more in clandestine business of smuggling and
selling opium, heroin, brown sugar, poppy husk and the like and
the authorities are not taking any care to see that such activities
are stopped. Rather they are said to be hands in glove with the oil
G mill owners. It is, therefore, prayed that a direction be issued to
whomsoever it may concern, to stop this clandestine business and
smuggling and instead, to direct the Union Government to make
-+
arrangements for export of these costly items in order to conserve
foreign exchange so that the country's finances which are more or
H less in a shattered state, may, to a great extent, be revived.
)._

G.D. SINGH SANT S. SINGH v. U.0.1. [G.N. RAY, J.] 31

Howsoever absurd the prayer may be and whatever be the A
intention of the petitioner in filing this petition, one thing is quite
clear that he is obsessed with great and lofty ideals. Therefore, for
whatever worth it is, in order to satisfy his vanity, we hereby direct
to whomsoever it may concern, that smuggling and underground
dealings in such dangerous articles as mentioned above, should be
B
stopped and the sooner the better for the country. All those
officers who are said or alleged to be (more imaginary than real)
with those carrying on these nefarious activities be sacked and the
entire administrative machinery of the country be overhauled by
recruiting only conscientious and devoted people like the
petitioner so that the already suffering masses of the nation 'are no c
longer made to suffer."

In the petition numbered as Misc. Petition No. 63 of 1993 in which
the impugned decision has been made, the petitioner complained before
the Madhya Pradesh High Court that neither the concerned authorities of D
the Central Government nor of the State Government complied with the
direction contained in the said order dated 27.2.92 passed in Misc. Petition
No. 266 of 1992. The petitioner alleged that the direction of the Division
Bench contained in the said order dated 27.2.92 was published in the
newspaper. The petitioner also alleged that he drew attention of the
concerned authorities to such order and also about inaction on their part E
in not taking appropriate steps to stop nefarious activities including
clandestine business of smuggling and selling of opium, heroin, brown
sugar, poppy husk and the like in the premises of an oil mill situated in the
district of Mandsaur. The petitioner complained that the concerned
authorities failed to take any step to prevent such activities. On the contrary F
they worked hand in glove with the owners of the oil mill. The petitioner
prayed that a direction should be issued to whomsoever it may concern to
stop such clandestine business of smuggling activities and the Union
Government be directed to make arrangements for export of those costly
items in order to earn foreign exchange so that country's' finances which
were more or less in a shattered state would be to a great extent revived. G

In disposing of the said petition alleging non-compliance of the
aforesaid direction dated 27.2.92 passed by the Division Bench of the
Madhya Pradesh High Court in Misc. Petition No. 266 of 1992, it has been
held in the impugned order dated December 8, 1993 that the petitioner has H
32 SUPREME COURT REPORTS (1995] 1 S.C.R.

A given some instances which according to the petitioner were not followed
though the notice of the concerned officer and also of the judicial officers
was brought to the said facts. The Division Bench has held that the
direction contained in the order dated 27.2.92 was of a general nature, and
in view of the general allegations against all concerned made by the
petitioner, no relief can be given to the petitioner and the petition deserves
B to be dismissed.

It has been alleged in the instant special leave petitions that the
y
petitioner made a complaint on January 3, 1992 in the Court of Additional
District Judge and also before the District Judge, Mandsaur, on January
C 18, 1992. Such complaints were again presented to the said judges on
January 29, 1992 and on February 27, 1992. As no appropriate action had
been taken by the Additional District judge and the District Judge,
Mandsaur, the petitioner presented the application before the Indore
Bench of the Madhya Pradesh High Court containing the said complaints
D after suitably modifying the same' and on such application the said order
dated 27.2.92 was passed.

The petitioner has alleged that after getting a copy of the said order
dated 27.2.92 passed by the Division Bench of the Madhya Pradesh High
Court, twenty five photostat copies of the said order were made and the
E same were sent to Press Club. Indore, for circulation and necessary action
by the concerned authorities. According to the petitioner, wide circulation
to the order was given. On February 28, 1992, in Free Journal of Indore
the order was published. As no concerned authority gave attention to the
said order, the petitioner sent the copies of the said order to Sri Dhamsana,
F the Superintendent of Police, Indore, Shri Narender Pal Singh. Collector
of Mandsaur, Shri Ram Niwas, S.P., Mandsaur. A photo copy of the order
was also sent to Shri Amitabh Jain. Sub-Divisional Magistrate of Neemuch.
Such orders were circulated to the said authorities in order to enable them
to take appropriate action against Shri Ghan Syam Lal and other owners
of the Oil Mill at Mandsaur and to take appropriate action against
G nefarious activities, namely, dealing in heroine opium, brown sugar, smack
etc. indulged by the owners of the said mill and other anti social elements.
The petitioner has alleged that the complaints made by the petitioner
before the Additional District Judge, Ist Court and also before the Addi-
tional District Judge, Ilnd Court Mandsaur, were dismissed although in
H such complaint petitions besides the allegations about nefarious and illegal
G.D. SINGH SANT S. SINGH v. U.0.1. [G.N. RAY, J.] 33

activities being conducted by the said Oil Mill Owners, a copy of the order A
dated 27.2.92 of the High Court was annexed. The petitioner alleges that
he also filed petition of complaint before the Additional Chief Judicial
Magistrate and the District Judge, Mandsaur and also in the Court of Shri
Roop Singh, Alawa but all such applications were dismissed. The petitioner
also presented application in the Court of Sri G.B. Ail Jatwal and Shri l.P.
B
Singh, Solanki, Judicial Magistrate, Jawak, out the said Judicial Officers
also did not take any action and the complaint petitions were deposited in
the record room. The complaints were also made against the Chief Ad-
ministrator of the Municipal Corporation, Ratangarh because the said
Administrator failed to take appropriate action in preventing public
nuisance committed within the said Oil Mill. The petitioner alleged that c
the Sevadars of Gurudwara, Ratangarh and owners of Hanuman Small
Industries (Oil Mill) have indulged and allowed commission of these illegal
and smuggling activities concerning narcotic and psychotrophic drugs. The
petitioner has alleged that although it was incumbent on the part of the
Sub-Divisional Magistrate to take appropriate action on the basis of the D
complaint made by the petitioner, more so, when the said order dated
27.2.92 of the High Court was annexed with the petition of the complaint,
the learned Magistrate dismissed the said application on March 11, 1992.
It has been alleged by giving the name of a judge of the High Court that
the said Judge being dishonest, communal and corrupt, the Judicial Of-
ficers before whom the complaints were presented, failed and neglected to E
take action because of patronage of the High Court Judge. The petitioner
has alleged that all the Judicial officer before whom the petitions of
complaint had been presented disposed of such applications without pass-
ing any effective and appropriate order. Hence, such judicial officers are
liable to be prosecuted, and their action amounted to defaming the
F
petitioner. It has also been alleged that if no action is taken against such
illegal and nefarious activities concerning the narcotic and psychotrophic
drugs, the national exchequor will be loosing every day about Rs. 500 crores
and smugglers and anti social elements will flourish.

A prayer has also been made that instruction should be issued for G
implementation of Hindi as national language of India because the direc-
tion for making Hindi as national language should have been made at least
twenty eight years ago. The petitioner has also made a prayer that he
should be compensated for the loss suffered by him from March 1, 1992
and the nation should also be compensated for the loss suffered by the H
34 SUPREME COURT REPORTS [1995] 1 S.C.R.

A nation and such compensation should come out of the pockets of such
persons who did not care to take any action on the complaints made by
the petitioner and comply with the order passed by the High Court on
27.2.92.
-
So far as the direction contained in the said order dated 27.2.92 is
B concerned, it appears to us that such direction was made by making some
general and sweeping observations on the basis of allegations made by the
petitioner. It also appears that the High Court in disposing o,f Misc.
Petition No. 266 of 1992 by its order dated 27.2.92 has clearly noted that
it was not easy to discern precisely what the petitioner intended to allege
c in the petition presented before the Indore Bench of the Madhya Pradesh
High Court. The High Court as a matter of fact, observed that "howsoever
absurd the prayer may be and whatever may be the intention of the petitioner
in filing the alleged public interest litigation, one thing is clear that he is
obsessed with. great and lofty ideals and therefore for whatever worth it is,
in order to satisfy his vanity, we direct to whomsoever it may concern, the
D sfituggling and undergound activities in such dangerous articles should be
stooped and sooner the better for the country."

In also appears from the order dated 27.2.92 that the High Court
noted that the Officers who were alleged to have been carrying on
E nefarious activities were more imaginary than real but it was directed that
the officers who were carrying on such activities should be sacked and the
entire administration of the country should be overhauled by recruiting only
conscientious and devoted people like the petitioner.

p It appears to us that when the High Court was not in a position to
precisely discern what was the complaint alleged by the petitioner and
when the High Court was of the view that the prayer made by the petitioner
was absurd and it also held that the officers who were alleged to have been
carrying on nefarious activities were more imaginary than real, the direc-
tion in general and sweeping terms to sack erring officers (whomsoever
G they may be) and overhaul the administration by recruiting only conscien-
tious and devoted people like the petitioner in order to satisfy the vanity
of the petitioner, should not have been made. If the High Court intends to
pass in order on an application presented before it by treating it as a
public interest litigation, the High Court must precisely indicate the allega-
H tions or the statements contained in such petition relating to public interest
G.D. SINGH SANT S. SINGH v. U.0.1. (G.N. RAY, J.] 35

litigation and should indicated how public interest was involved and only A
after ascertaining the correctness of the allegation, should give specific
directioin as may deem just and proper in the facts of the case.

It appears to us that the application was disposed of by the Division
Bench of Madhya Pradesh High Court in a lighter vein and the order date~
27.2.92 is couched with veiled sapcasm. Such course of action, to say the B
least, is not desirable and the High Court should not have issued mandate
in general and sweeping terms which were not intended to be implemented
and were not capable of being implemented because of utter vagueness of
the mandate and of its inherent absurdity.
c
It appears to us when the petitioner alleged non-compliance of the
direction of the High Court as contained in the said order dated 27.2.92,
the Division Bench of which Mr. Justice V.S. Kokje was one of the
members, which passed the order dated 27.2.92, felt that the said order was
not capable of being implemented and therefore dismissed the application D
; by passing the impugned order. It is only unfortunate that the petitioner,
a layman, appeared in person and when his petition was entertained by the
Division Bench having the then Chief Justice of High Court as a member,
and was disposed of by giving some direction, he must have hoped that his
efforts to eradicate nefarious activities as alleged by him, have been
crowned with success and it appears that "he moved various authorities E
zealously to implement the mandate of the High Court without appreciat-
ing that such mandate was of no consequence and prayer for implementa-
tion is to be dismissed unceremoniously at a later stage.

However, we have considered the present petition nioved by the F
petitioner in person. It appears to us that the petition which has been
presented before this Court lacks in material paritculars and it is also very
difficult to discern precisely the allegations sought to be made in the said
application. The petitioner has also made a wide and sweeping allegation
against a Judge of the High Court without giving any instance how and in
what manner the said Judge has influenced the other judicial officers of G
the State. Such sweeping allegations against a Judge and other judicial
officers need to be deprecated in no uncertain terms. But it appears to us
that the petitioner is a confused person obsessed with various lofty ideals
and perhaps has failed to appreciate the consequence of making wild
allegations against judicial officers. Even in this application, the petitioner H
36 SUPREME COURT REPORTS (1995) 1 S.C.R.

A has alleged that this Court should pass direction for making Hindi as a
national language because such direction should have been given twenty
eight years ago. He has also contended that he should be compensated for
the loss alleged to have been suffered by him from March 1, 1992 without
indicating how and in what manner lie has suffered losses, He has also
alleged that the nation should also be compensated for the loss suffered by
B the nation from the pockets of the concerned person who did not care to
take action against illegal and improper activities by the Mill Owners and
some other persons. Such statements, to say the least reveal utter confusion
and obsessions of the petitioner. We are, therefore, not inclined to take
any serious view of the wild allegations made against some of the members
c of the judiciary.

We may indicate here that, as a matter of fact, when these matters
were taken up for hearing before another Bench of this Court on August
12, 1994 the said Bench, with respect, rightly could not appreciate the
D precise relief which the petitioner was seeking and as the petitioner was
appearing in person and was making reference about various cases filed in
different courts without giving relevant particulars of such cases and orders
passed in such cases. Hence, the Bench in its order dated August 12, 1994
indicated that it was not possible for the Court to understand what were
those cases and against whom the same had been filed· because the copies
E of those orders were not available on the record. By the said order dated
August 12, 1994 it was directed that the Secretary, Supreme Court Legal
Aid Committee, would render assistance to the Petitioner to project his
gri~vance and assist the Court and the petitioner was directed to approach
the Supreme Court Legal Aid Committee for the purpose. It appears that
F in view of the direction, a counsel of this Court was engaged by the
Supreme Court Legal Aid Committee but for the reasons best known to
the petitioner, the petitioner chose to address the Court in person and in
his submission he made general and sweeping remarks about the increase
in corruption and malpractices gripping the country, seriously affecting the
progress of the nation. He also alleged that various smuggling and
G nefarious activities relating to narcotic and psychotrophic drugs were being
committed by the owners of a Oil Mill situated in the District of Mandsaur
and various complaints made by him in different law courts were simply
dismissed. In the absence of the copies of complaints alleged to have been
presented in various courts of law and orders passed on such complaints,
H it is not possible to appreciate whether such complaints were maintainable
G.D.SINGHSANTS.SINGHv. U.0.1.[G.N.RAY,J.] 37

or not and whether or not orders passed on such complaints were justified. A
That apart, if an order is passed by a court, a party aggrieved may move
against such order in a manner known to law and within the framework of
law. As the impugned order of the High Court dated December 8, 1993
passed in Misc. Petition No. 63 of 1993 does not call for any interference
and as these petitions do not merit any further consideration, we dismiss
the same without any order as to costs.
B

It, however, appears that the petitioner, an old man and a Sewadar
of a Gurudwara has been crying hoarse that in the premises of an oil mill
near the Gurudwara at Ratangarh in Madhya Pradesh various smuggling
and illegal activities relating to narcotic and psychotrophic drugs are being C
carried on. Even if the petitioner has not been able to precisely give
particulars of such illegal activities concerning narcotic and psychotrophic
drugs, we feel that it is only desirable that the Director General of Police,
Madhya Pradesh should cause enquiry to be made by some superior police
officials of the State about the truth or otherwise about the allegations of
smuggling and illegal activities being carried on in the premises of an oil D
,... mill near the Gurudwara at Ratangarh in the State of Madhya Pradesh
concerning narcotic and psychotrophic drugs and take appropriate action
on the basis of the enquiry report. The Registrar General of this Court is
directed to convey only this direction to the Director General of Police,
Madhya Pradesh. E
U.R. Petition dismissed.

..