Mr Mohammed Maaz Shariff vs The Robin Hood Project Trust
2022 Latest Caselaw 48 Kant

                              1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF JANUARY, 2022

                        BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.23572 OF 2021 (GM-RES)

BETWEEN:
MR MOHAMMED MAAZ SHARIFF
AGED ABOUT 30 YEARS,
SON OF MR MAJAHID ALI,
NO.55/1 6TH MAIN
NEW GURAPPANPALYA,
BGT MAIN ROAD,
BANGALORE-560029.
                                          ...PETITIONER
(BY SRI. MOHAMMED MAAZ SHARIFF,PARTY-IN-PERSON)

AND:

1.     THE ROBIN HOOD PROJECT TRUST
       REG NO.1438,
       REG YEAR 2014-2015,
       NEW DELHI.
       REPRESENTED BY ITS TRUSTEES.

2.     MR SHUBHAM PATHAK
       MOB NO.9538657240
       VOLUNTEER IN BANGALORE,
       THE ROBIN HOOD PROJECT TRUST.

3.     MR VIKASH AGARWAL
       MOB NO.9748876400,
       VOLUNTEER IN BANGALORE,
       THE ROBIN HOOD PROJECT TRUST.

4.     MISS PRIYANKA BAGLA
       MOB NO.7760980685,
       VOLUNTEER IN BANGALORE,
       THE ROBIN HOOD PROJECT TRUST.

5.     MISS POOJA
       MOB NO.9833024245
       VOLUNTEER IN MUMBAI,
                                2

     THE ROBIN HOOD PROJECT TRUST.

6.   MR NEEL GHOSH
     MOB NO.8826468651,
     FOUNDER VOLUNTEER IN NEW DELHI,
     THE ROBIN HOOD PROJECT TRUST.

7.   MR SANCHIT JAIN
     MOB NO.9958090543,
     CENTRAL TEAM VOLUNTEER IN NEW DELHI,
     THE ROBIN HOOD PROJECT TRUST.

8.   MISS AARUSHI BATRA
     MOB NO.9811609752,
     NO.D-48 EAST OF KAILASH,
     NEW DELHI -110065.
     TRUSTEE,
     THE ROBIN HOOD PROJECT TRUST.

9.   MR ANAND SINHA
     NO.CI/16 HUMAYUN ROAD,
     NEW DELHI-110003
     TRUSTEE,
     THE ROBIN HOOD PROJECT TRUST.
                                              ...RESPONDENTS

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
POLICE DEPARTMENT FOR AN INQUIRY ON THE MATTER;
DIRECT   THE   RESPONDENTS     FOR   REINSTATING   THE
PETITIONER IN WHATSAPP GROUPS LIKE BEFORE THAT THE
PETITIONER BE AWARDED THE COST FOR MENTAL AGONY
CAUSED AND FOR THE REPUTATION LIST, LEFT TO WISE AND
SENSIBLE JUDGMENT OF THE COURT.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Petitioner is knocking at the doors of Writ Court

essentially ventilating the grievance as to his removal from as

the admin of Whatsapp Group, which according to him

amounts to breach of Fundamental Right guaranteed under

Article 19(1)(a) of our Constitution namely Right to Freedom

of Speech & Expression.

2. Having heard the party in person and having

perused the petition papers, this Court declines to grant

indulgence in the matter in view of law settled by the Apex

Court in AJAY HASIA Vs. KHALID MUJIB SEHRAVARDI &

ORS. (1981) 1 SCC 722 to the effect that breach of private

rights which do not have abundant public law elements

cannot be ventilated before a Writ Court, when the

respondent does not fill the character of 'State' under Article

12.

In the above circumstances, this writ petition is

disposed off permitting the petitioner to avail appropriate civil

remedy by approaching the jurisdictional Civil Court or such

other forum, in accordance with law.

All contentions are kept open.

Sd/-

JUDGE

DS/JY