Bombay High Court
Rajendra S/O Ganpatrao Ambhore vs The Union Of India, Through The ... on 5 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
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Criminal Writ Petition 469 of 2015.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL WRIT PETITION NO. 469 OF 2015
Rajendra S/o Ganpatrao Ambhore,
Age : 45 years, Occupation : Teacher,
Residing at Flat No. 1, Push Residency
Apartment, Plot No. 24, Town Centre-1,
N-1, Behind CIDCO Bus Stand,
Aurangabad - 431 003. ... PETITIONER
VERSUS
1. The Union of India,
Through the Secretary to the Government,
Information and Broadcasting Department,
New Delhi.
2. The State of Maharashtra,
Through the Chief Secretary to the Government,
Home Department, Mantralaya Mumbai.
3. The Secretary to the Government,
Social Welfare Department, Mantralaya Mumbai.
4. The Secretary to the Government,
Law and Judiciary Department,
Mantralaya, Mumbai.
5. The Director General of Police,
Maharashtra State, Coloba, Mumbai.
6. The Commissioner of Police,
Aurangabad.
7. The Commissioner of police,
Mumbai.
8. The Advertising Standards Council of India,
Through its Secretary, having its office
Located at 219, Bombay Market,
78, Tardeo Road, Mumbai- 400 034.
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Criminal Writ Petition 469 of 2015.odt
9. Indian Broadcasting Foundation,
Through its Secretary,
Having its office located at B - 304,
3rd Floor, Ansal Plaza,
Khalegaon Marg, New Delhi - 110 049.
10. Tele Sales Shopping Network [ Amended as per Courts
Unit No. 408, 4th Floor, order dated 9/7/15. ]
Reliable business Centre, Off. Link Road,
Near Oshiwara Police Station, and Hira
Panna Mall, Jogeshwari (W),
Mumbai- 400102
10. Telesales Shopping network, [ Deleted with leave of
Reliable Business Building, the Court order on
Jogeshwari (West) 20/8/15. ]
Mumbai- 400 102 (Maharashtra)
11. Telemart Shopping Network Pvt. Ltd.,
Through its proprietor 11 - D Sampat Farm,
Opposite Agrawal Public School, Bicholi
Mardana Road, Indore (M. P.).
12. Anuradha Paudwal,
Dehiry Residency, 12/Madhu Park,
Opposite Gaytri Mandir, Khar (West),
Mumbai - 400 052.
13. Anup Jalota,
Mohan Niwas, Shivaji Park,
56, Kelusskar Road,
Dadar (West), Mumbai - 400 028.
14. Manoj Kumar,
Laxmi Villa, 45 Gagore Road,
Santacruz (West), Mumbai - 400 054.
15. Shri. Mukesh Khana (Actor),
Satyam Building, Flat No. 704,
7th Floor, B Wing, Thakur Complex,
Kandivali (East), Mumbai - 400 101.
16. Shivaji Satam,
Age:- Approximately 55 years,
Occupation:- Actor and Producer,
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Criminal Writ Petition 469 of 2015.odt
Residing at D - 5, Ambedkar Nagar,
G D Ambekar Marg, Parel, Mumbai - 400 012.
17. Rohneet Roy,
Age:- Approximately 40 years,
Occupation and Residence At Mumbai.
18. Sahara One - Channel (Filmy Channel)
Idea Square, Plot No. B - 42,
C.T.S. Vira Industrial Estate back,
New Link Road, Andheri (West)
Mumbai - 400 053.
19. Zee T.V. Channel - Zee Cinema, Zee ETC Punjabi,
Zee Smile, Zee T.V. Channel, Zee Network,
134, Continental Building, Dr. Any Benzat Road,
Worli, Mumbai - 400 018.
20. Dangal TV
Having its office located at
136, Saket Nagar, Indore (M.P.) - 45001.
21. Mahua TV
Mrs. P.K. Tiwari,
Plot No. 17 B & C, Sector 16 A,
Filmcity, Noida, Uttar Pradesh - 201301.
22. The Senior Police Inspector, [ Respondent added as per
CIDCO Police Station, direction of Honourable Court
N-7, CIDCO, Aurangabad. vide order dated 16.04.2015. ]
... RESPONDENTS
...
Mr. V. D. Sapkal, Senior Counsel (Appointed) Mr. Hemant Surve, Advocate
for Petitioner.
Mr. D. G. Nagode, Advocate for Respondent Nos.1 & 9.
Mr. M. M. Nerlikar, APP for Respondent/State.
Mr. Sachin Sarda, Advocate for Respondent No.11.
...
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Criminal Writ Petition 469 of 2015.odt
CORAM : T. V. NALAWADE &
M. G. SEWLIKAR, JJ.
RESERVED ON : 16th December, 2020
PRONOUNCED ON: 5th January, 2021.
JUDGMENT: ( Per T. V. Nalawade, J. )
. Rule. Rule made returnable forthwith. By consent, heard
both the sides for final disposal.
2 The petition is filed for reliefs of declaration, direction and
injunction and the object is to prevent the advertisement made on TV
channels by which there is promotion of sale of articles like Hanuman
Chalisa Yantra.
3 The learned APP represented the State Government and
police station. Mr. Nagargoje, learned counsel represented the
Government of Indian and the authority created by Government of
India to have control over the TV channels. The original Petitioner
wanted to withdraw the proceeding, but by order dated 6th July, 2018,
this Court made it clear that the subject matter involves interest of
public at large and the withdrawal cannot be allowed. Learned
Criminal Writ Petition 469 of 2015.odt
counsel Shri V. D. Sapkal (now learned senior counsel) was
appointed as amicus curiae and he prosecuted the matter. Some
amendments were made in the present proceeding by him.
4 It is contended in the petition that in March 2015, the
Petitioner came across advertisements on TV channels and the
advertisements were propagating that there were special, miraculous
and supernatural properties / qualities in Hanuman Chalisa Yantra,
which the advertiser was selling. The purpose of the advertisement
was to promote the sale of said Yantra. It is contended that this was a
false propaganda and the propaganda is made to exploit the persons,
who are superstitious by nature and to exploit them.
5 It is contended in the petition that in the advertisement
there was a propaganda that by using aforesaid Yantra, the
businessmen who were making losses had started making huge
profits, the persons who were not having employment had got
employment, the persons who had lost hope to make career had
made career in service, the students had improved their performance,
sick persons had recovered from illness and the Yantra had brought
happiness to the persons, who were grieved. It was also propagated
that due to use of the Yantra, the persons who were not having any
Criminal Writ Petition 469 of 2015.odt
prospects of marriage had got married.
6 It is contended in the petition that there was a false
propaganda that the Yantra was prepared by one Baba Mangalnath,
who had achieved Siddhi (ability to do anything). It is contended that
false propaganda was made that said Baba had blessings of Lord
Hanuman. It is contended that false propaganda was made that
bringing Yantra to home was like bringing Lord Hanuman himself to
home and one, who was using it was feeling that Lord Hanuman was
with him and Lord Hanuman was giving every kind of protection to
him. It is contended that false propaganda was made that entire
Hanuman Chalisa was written on Yantra in Germany and each letter
written would last lifelong. It is contended that false representation
was made that the Yantra (pendent) was having gold plating of 24
carat gold. It is contended that a chain was offered as a free and it
was represented that the chain had also gold plating. It is contended
that in the advertisement made on TV channels the price of Yantra
was given as Rs.4,900/- and it was advertised that this was
concessional rate. It is contended that the celebrities like Manoj
Kumar (the then renowned film producer, writer, director, actor),
Anuradha Paudwal (singer) and Anup Jalota (singer) were shown in
the advertisement and their experiences were quoted that they had
Criminal Writ Petition 469 of 2015.odt
received benefits and they had experienced miracles by using the
aforesaid Yantra. With the petition, transcript of the contents of the
aforesaid advertisement is produced. A copy of the advertisement
published in newspaper by the same seller is also produced. The
contents of the advertisement are not disputed by the seller,
Respondent No.11, who has contested the matter.
7 It is contended in the petition that to unearth falsity in
aforesaid propaganda, the Petitioner had placed order for purchase of
one such Yantra by contacting the office of Respondent No.11. It is
contended that as per the demand of Respondent No.11, the
Petitioner had paid amount of Rs.5,200/- and Yantra was also
delivered to him. Alongwith the petition, a receipt in respect of
Rs.5,200/- dated 11th March, 2015 issued by Respondent No.11 is
produced and the receipt shows that the order number was
19300648. Alongwith the petition, a photocopy of box, in which the
Yantra was delivered, is produced. Photocopy of list of rituals, which
were to be performed before use of Yantra is also produced.
8 It is contended in the petition that the original Petitioner
had made representations to Honourable Prime Minister, Honourable
Chief Minister, to the authority created by Central Government to
Criminal Writ Petition 469 of 2015.odt
oversee such advertisements and also police. It is contended that as
no steps were taken to prevent such advertisement, the Petitioner
was constraint to file the proceeding. It is also contended that he got
verified that the aforesaid articles had no gold plating. Copies of
representations are produced alongwith the petition.
9 No notice of the present proceeding was issued against
the celebrities appearing in the advertisement, who had participated in
the aforesaid advertisement in view of the nature of reliefs claimed.
During the arguments, following reliefs were pressed:
(i) Declaration that the advertisement is illegal in view of the
provisions of the Maharashtra Prevention and
Eradication of Human Sacrifice and other Inhuman, Evil
and Aghori Practices and Black Magic Act, 2013
(hereinafter referred to as "Black Magic Act") and the
provisions of the Cable Television Networks (Regulation)
Act, 1995 (hereinafter referred to as "Television Networks
Act");
(ii) Directions against the Central Government and the State
Government to create a Monitoring Cell at all India level
and at State level to prevent the telecast of such
Criminal Writ Petition 469 of 2015.odt
advertisement;
(iii) Direction to stop such advertisement;
(iv) Direction to the State Government to create separate cell
for proper implementation of the Black Magic Act and to
see that the offences are registered against the persons
making such advertisement; and
(v) Direction to refund the amount paid by the Petitioner to
Respondent No.11 and for giving compensation to him.
10 In the reply filed by Respondent No.11, it is contended
that the Black Magic Act is not applicable in the present matter. It is
contended that the Television Networks Act is also not applicable in
the present matter. It is contended that the Petitioner ought to have
exhausted statutory remedies as provided under Sections 4 and 6 of
the Black Magic Act and also the remedies provided under the
Consumer Protection Act.
11 It is the contention of Respondent No.11 that conduct of
the Petitioner that immediately after collecting the Yantra from
Respondent No.11 representations were made by the Petitioner to the
Criminal Writ Petition 469 of 2015.odt
Central Government and the State Government, shows that his
intention was to file the present proceeding and there was no deceit
as such of the Petitioner. A copy of Tunch report in respect of one
Yantra is produced by Respondent No.11 and it is contended that the
Yantra sold to Petitioner had gold plating. It is contended that the
rituals mentioned in the pamphlet are normal Hindu practices and
they cannot be called as a part of magic. It is contended that it is not
the case of the Petitioner that he is not satisfied with the product and
so on that ground also the petition is not tenable. It is contended that
other persons have made similar advertisements and programs on TV
channels, but no action is taken against them. A copy of one such
program started on TV channel in the name of Lord Hanuman is
produced. Respondent No.11 has produced a copy of conversation of
the Petitioner with the office of Respondent No.11 to show that the
pendant, Yantra was delivered at Mumbai. It is contended that though
the order was placed by the Petitioner from Aurangabad, as the
Yantra was delivered in Mumbai, this Court has no jurisdiction.
12 During hearing of the present proceeding, it transpired
that Writ Petition No.2860 of 2014 was filed in Nagpur Bench of
Bombay High Court for similar reliefs. By order dated 4th December,
2020, this Court had directed the office to collect a copy of petition,
Criminal Writ Petition 469 of 2015.odt
copy of say filed by the Central Government and copies of orders
passed by the Court in that matter. The report of the Registrar
(Judicial) of this Court shows that most of the record is destroyed by
the Nagpur office. Only the cause title and copies of orders made in
that matter at Nagpur Bench and dated 24th June, 2014, 9th July, 2014
and 22nd August, 2014 are produced. Apparently, Writ Petition
No.2860 of 2014 was filed for similar reliefs. The order dated 22 nd
August, 2014 is relevant for the present matter and it is as under:
"Shri Kavimandan, the learned counsel for the
petitioner, states that the petitioner is desirous of filing a
fresh petition if the Central Government fails to frame the
necessary regulation/circular prohibiting the religious
advertisement which violates the advertisement Code of
the Cable Television Network (Regulation) Act, 1995. The
learned counsel for the petitioner states that the petitioner
is desirous of withdrawing the instant petition. A pursis in
that regard is tendered in the court today. The same is
accepted on record.
Shri Deo, the learned ASGI disputes the statement
in this pursis.
We grant permission simplicitor to withdraw the
petition.
The writ petition stands disposed of as withdrawn."
13 A copy of order made by the Honourable Apex Court in
Criminal Writ Petition 469 of 2015.odt
the case reported as 2017 LawSuit (SC) 338, (Common Cause (A
Regd Society Vs. Union of India & ors ) is produced in the present
proceeding. This order shows that the proceeding was in respect of
Programme Code mentioned in Rule 6 of the Cable Television
Networks Rules made under the Television Networks Act. To
ascertain as to whether there is any inconsistency in aforesaid Central
Act and the State Act, this Court is quoting some Rules and some
provisions of both the Acts. Rule 6(1)(j) of the Cable Television
Networks Rules made under the Television Networks Act shows that
no programme should be carried in the cable service, which
encourages superstition or blind belief. In view of the nature of
grievance of the Petitioner in that matter, the Apex Court advised the
Union Government to formalize the Complaint Redressal Mechanism,
which can be done under Section 22 of the Television Networks Act.
14 There is more record produced like letter dated 20th
March, 2020 sent by the Deputy Secretary of Government of India in
Ministry of Information and Broadcasting. The letter shows that
suggestions were solicited on the draft "Cable Television Networks
(Regulation) Amendment Bill, 2020". This Court is not quoting the
proposed amendment. The Television Networks Act in the present
form shows that in Section 2(a) authorised officer for the purpose of
Criminal Writ Petition 469 of 2015.odt
implementation of this Act is created and he can be District Magistrate
or Sub-Divisional Magistrate or Commissioner of Police. He can be
also other officer notified in Government Gazette by the Central
Government or the State Government for particular local limits.
Section 5 of this Act shows that the programme to be transmitted or
re-transmitted should be in conformity with the prescribed programme
code. In Section 6 of this Act, the transmission or re-transmission of
advertisement, which is not in conformity with the prescribed
advertisement code is prohibited. The punishment for contravention
is provided in Section 16 of the Act. Section 11 of the Act gives power
to the authority to seize equipment used for operating cable television
networks, if there is contravention of the provisions of Sections 5, 6
etc. Section 21 of this Act shows that the provisions of this Act shall
be in addition to, and not in derogation of the provisions of other
various Acts. The names of those Acts are mentioned and those Acts
include Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954 and the Consumer Protection Act, 1986. These Acts are
mentioned specifically by this Court in view of the nature of defence
taken by Respondent No.11.
15 Rule 6 of the Rules framed under the Television Networks
Act is already quoted. It gives list of items under the head of
Criminal Writ Petition 469 of 2015.odt
"Programme Code". In Rule 7, list of items, which are prohibited in
respect of advertisement is given under the head of "Advertising
Code". The Rule shows that the advertisement the object of which is
wholly religious in nature is also prohibited under Rule 6(3). Rule 7(5)
runs as under:
"7 Advertising Code. --
(1) ....
(5) No advertisement shall contain references
which are likely to lead the public to infer that the product
advertised or any of its ingredients has some special or
miraculous or super-natural property or quality, which is
difficult of being proved."
Rule 7(10) runs as under:
"7 Advertising Code. --
(1) ....
(10) All advertisements should be clearly distinguishable
from the programme and should not in any manner
interfere with the programme, viz., use of lower part of
screen to carry captions, static or moving alongside the
programme."
16 The provisions of the Black Magic Act are being quoted
hereinafter. At this stage, only it is necessary to mention that there is
no inconsistency at all in the aforesaid Central Act and Black Magic
Criminal Writ Petition 469 of 2015.odt
Act. Both the provisions show that the provisions of both the Acts can
be used in any particular case. Let us see the provisions of the Black
Magic Act. This Court is doing this exercise as this Court wants to
see that there is coordination between the authority created by the
Central Government and the authority created by the State
Government under the State Act.
17 The object of the Black Magic Act is as under:
"An Act to bring social awakening and awareness in the
society and to create a healthy and safe social
environment with a view to protect the common people in
the society against the evil and sinister practices thriving
on ignorance, and to combat and eradicate human
sacrifice and other inhuman, evil, sinister and aghori
practices propagated in the name of so called
supernatural or magical powers or evil spirits commonly
known as black magic by conmen with sinister motive of
exploiting the common people in the society and thereby
destroying the very social fibre of the society; and for
matters connected therewith or incidental thereto."
The relevant definitions from the Black Magic Act are as under:
"2. (1) In this Act, unless the context requires otherwise,-
(a) ....
(b) "human sacrifice and other inhuman, evil and aghori
Criminal Writ Petition 469 of 2015.odt
practices and black magic" means the commission of any
act, mentioned or described in the Schedule appended to
this Act, by any person by himself or caused to be
committed through or by instigating any other person;
(c) ....
(d) "propagate" means issuance or publication of
advertisement, literature, article or book relating to or
about human sacrifice and other inhuman, evil and aghori
practices and black magic and includes any form of direct
or indirect help, abatement, participation or cooperation
with regard to human sacrifice and other inhuman, evil
and aghori practices and black magic;"
Section 2(2) of the Black Magic Act runs as under:
"2. (1) .....
(2) Words and expressions used but not defined
herein, shall have respective meanings as assigned to
them in the Drugs and Magic Remedies (Objectionable
Advertisement) Act, 1954 and the Code."
Entry No.2 in the Schedule given to Black Magic Act runs as under:
"(2) Display of so-called miracles by a person and
thereby earning money; and to deceive, defraud and
terrorize people by propagation and circulation of so-
called miracles."
Criminal Writ Petition 469 of 2015.odt
Entry at item 11(a) is also relevant and it is as under:
"(11) (a) To create an impression that special
supernatural powers are present in himself, incarnation of
another person or holy spirit or that the devotee was his
wife, husband or paramour in the past birth, thereby
indulging into sexual activity with such person;"
The aforesaid entries show that when there is a claim that
supernatural powers are present in the claimant like he has achieved
Siddhi, that claim is also covered by these items.
18 In Section 3 of the Black Magic Act, the things, which are
prohibited, are quoted. Section 3 runs as under:
"3. (1) No person shall either himself or through
any other person commit, promote, propagate or practice
or cause to promote, propagate or practice human
sacrifice and otherinhuman, evil and aghori practices and
black magic mentioned or described in the Schedule
appended to this Act.
(2) From the date of coming into force of this Act,
commission of any act of human sacrifice and other
inhuman, evil and aghori practices and black magic and
any advertisement, practice, propagation or promotion of
human sacrifice and other inhuman, evil and aghori
practices and black magic, in violation of the provisions of
this Act, by any person by himself or through any other
Criminal Writ Petition 469 of 2015.odt
person shall constitute an offence under the provisions of
this Act, and the person guilty of such offence shall, on
conviction, be punished with imprisonment for a term
which shall not be less than six months but which may
extend to seven years and with fine which shall not be
less than five thousand rupees but which may extend to
fifty thousand rupees.
(3) Whoever abets the commission of, or attempts
the commission of any act or offence punishable under
sub-section (2) shall be deemed to have committed that
offence and shall, on conviction, be punished with the
same punishment for such offences in sub-section (2).
(4) The offence punishable under sub-section ( 2)
shall be cognizable and non-bailable."
19 If the aforesaid definitions from the Black Magic Act are
read with the object of the Act, particular items given in the Schedule
and Section 3 of the Act, it is easy to infer that extracting money from
the people by selling articles like Hanuman Chalisa Yantra, which is
like a pendant, is covered by Section 3 of the Black Magic Act. The
qualities or properties of this Yantra mentioned in the advertisement,
which are already quoted, show that claim was made that the qualities
are special, miraculous and supernatural. This Court has no hesitation
to hold that it is not possible for the seller like Respondent No.11 to
prove that such Yantra has really the properties or qualities of which
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advertisement is made. This Court has no hesitation to observe that
the advertisement aims at propaganda that such Yantra has such
qualities and such propaganda is being made to exploit the persons,
who feel that they are in trouble and they need some kind of help
which may be of supernatural nature. The claim of the seller like after
achieving Siddhi, special power, the "Baba" has created Yantra leads
to inference that the seller claims that the Baba has power of "black"
magic. Entry No.2 of the Schedule of the Black Magic Act, quoted
already, shows that display of so-called miracles for earning money is
covered by the Act. It is already mentioned that in the advertisement
the experiences of many celebrities and other persons were published
and that amounts to display of such miracles.
20 The definition of propagation, quoted already, shows that
advertisement of present nature is covered by the definition. Section
3 of the Black Magic Act prohibits not only commission of act of black
magic, evil practices etc., but also propagation, promotion of such
practices and magic. Section 3(2) of this Act shows that abetment of
such propaganda is also an offence. Thus, TV channels, which
telecast such advertisement also become liable under Section 3 of the
Black Magic Act.
Criminal Writ Petition 469 of 2015.odt
21 Section 3(4) of the Black Magic Act shows that the
offence punishable under Section 3(2) is cognizable and non-bailable.
Section 4 of the Act shows that the Courts of Judicial Magistrate First
Class / Chief Judicial Magistrate can try such offence.
22 Section 5 of the Black Magic Act shows that the police
officers of and above the rank of inspector of police are appointed as
Vigilance Officers for enforcement of the Act. The powers of Vigilance
Officers are described in Section 5(2) of the Act and that runs as
under:
"5. (1) ....
(2) It shall be the duty of the Vigilance Officer, -
(i) to detect and prevent the contravention or
violation of the provisions of this Act and the rules
made thereunder, in the area of his jurisdiction and
report such cases to the nearest police station within
the area of his jurisdiction; and upon filing of
complaint to the police station by any victim or any
member of his family, to ensure due and speedy
action thereon and to give necessary advice,
guidance and help to the concerned police station;
(ii) to collect evidence for the effective
prosecution of persons contravening the provisions of
this Act; and to report the same to the police station
of the area in which such contravention has been or
is being committed;
(iii) to discharge such other functions as
Criminal Writ Petition 469 of 2015.odt
may be assigned to him, from time to time, by the
State Government, by general or special order issued
in this behalf."
23 This Court has no hesitation to hold that the power to prevent
commission of offence mentioned above includes the power to
prevent the telecast of advertisement of aforesaid nature. Section 6
of the Act gives power to Vigilance Officer to seize relevant material.
Section 9 of the Act shows that the provisions of the Black Magic Act
are in addition to, and not in derogation of any other law enforced.
Thus, the provisions of the aforesaid Central Act and the Black Magic
Act can go hand in hand and the Central Act needs to come for the
help of the State Act for enforcing the State Act.
24 In Section 12 of the Black Magic Act, the things, which are
excluded by the Act are mentioned. The present Act of false
advertisement to make money by exploiting superstitious and
religious feelings is not covered by Section 12 of the Act.
25 The persons like Respondent No.11 change the names of
the companies, change the name of God to show that it is different
Yantra and they change the name of Baba to continue the business, if
Criminal Writ Petition 469 of 2015.odt
some Court prevents them from doing business in the name of one
God or one Baba. Considering this possibility, in this matter it has
become necessary to cover the activities of such persons like selling
such articles and making propaganda for sale of such articles by
taking the name of any God or Baba.
26 Article 51A(h) of the Constitution of India provides as
under:
"51A. Fundamental duties.- It shall be the duty of every
citizen of India -
(a) ...
.......
(h) to develop the scientific temper, humanism and the
spirit of inquiry and reform;"
The aforesaid fundamental duty viz. to develop the scientific temper,
humanism and the spirit of inquiry and reform needs to be read into
the Black Magic Act. The objectives quoted in the Black Magic Act
can be achieved mainly by means of education. The reformist like
Mahatma Phule, Dr. Babasaheb Ambedkar and others, who worked to
remove evil practices and spread awareness against superstition in
the society were born in this soil. It can be said that atleast basic
education is available to everybody in this State. Though these things
Criminal Writ Petition 469 of 2015.odt
are there, the scientific temper and the spirit of inquiry and reform are
not yet developed. Even many educated and highly educated
persons get attracted to the things like mantra-tantra, black magic.
Due to this superstitious approach of rich and poor, the educated and
uneducated persons they are being exploited by so-called Babas by
selling articles by giving them names like Yantra, Ganda etc. Due to
such situation, even in the State like Maharashtra, which claims to be
a progressive State and State of reformist, the Black Magic Act was
required to be enacted.
27 In view of the aforesaid discussion, this Court holds that
the acts of Respondent No.11 mentioned in the petition and similar
acts already discussed by this Court amount to cheating also and so
at any costs such things need to be prevented. This Court holds that
the relief of declaration and injunction needs to be given in the
present proceeding, but this relief will be mainly for enforcing the
Black Magic Act.
28 To have coordination between the State Government
agency and the Central Government agency, some directions need to
be given so that prevention of the prohibited act becomes effective.
This Court has considered the present matter in public interest and so
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the directions will be exhaustive in nature. As the Petitioner wanted to
withdraw the proceeding, there is no question of giving direction to
refund his money or give him compensation. In the result, the
following order is passed:
ORDER
I. The petition is allowed.
II. It is hereby declared that the propagation for sale by
advertisement of any article by giving it name as
Yantra or otherwise, by attaching the name of any
God to such article including the name of Lord
Hanuman or any Baba with representation that these
articles have special, miraculous and supernatural
properties / qualities and making representation that
these articles will help human being to become happy,
to make progress in business, to make progress in
profession, to make advancement in career, to make
improvement in performance in education, to get
recovery from any disease etc., is illegal and such
propagation, advertisement falls under Section 3 of
the Maharashtra Prevention and Eradication of
Criminal Writ Petition 469 of 2015.odt
Human Sacrifice and other Inhuman, Evil and Aghori
Practices and Black Magic Act, 2013.
III. It is hereby declared that the telecast of
advertisement, which propagates the things
mentioned in clause (II) of the operative part of this
judgment is illegal.
IV. Direction is hereby given to the State and to Vigilance
Officers appointed under the Maharashtra Prevention
and Eradication of Human Sacrifice and other
Inhuman, Evil and Aghori Practices and Black Magic
Act, 2013, to register crimes by giving reports against
the persons, who are making such advertisement and
who are selling such articles.
V. Direction is hereby given to the State Government and
the Central Government to create Cells in Mumbai to
see that no such advertisements are telecast on TV
channels by separate advertisement or in the name of
programmes in the State of Maharashtra. The State
Government is hereby directed to see that the telecast
of such advertisement on TV channels is stopped
Criminal Writ Petition 469 of 2015.odt
immediately in coordination with the authority created
by the Central Government under the Cable Television
Networks (Regulation) Act, 1995. If such authority is
not in place, the Central Government needs to appoint
such authority within one month from today and if
such authority is not appointed within this period, the
State Government is entitled to use the provisions of
the Maharashtra Prevention and Eradication of
Human Sacrifice and other Inhuman, Evil and Aghori
Practices and Black Magic Act, 2013 for stopping the
telecast of such advertisement.
VI. It is hereby declared that the TV channel, which is
telecasting such advertisement, is also liable under
the provisions of the Maharashtra Prevention and
Eradication of Human Sacrifice and other Inhuman,
Evil and Aghori Practices and Black Magic Act, 2013.
VII. The State Government and the Central Government
to inform this Court within 30 days from the date of
this judgment about the steps taken to implement this
judgment.
Criminal Writ Petition 469 of 2015.odt
VIII. The fees of the learned senior counsel Shri V. D.
Sapkal is quantified as Rs.25,000/- and it is to be paid
through the High Court Legal Services Sub-
Committee, Aurangabad.
IX. Rule is made absolute in those terms.
[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ]
. After pronouncement of this judgment, Shri V. D. Sapkal,
learned senior counsel waives his fees.
[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ]
ndm
