Jabalpur: On Monday (May 22, 2023), the Jabalpur bench of Madhya Pradesh High Court also dismissed the second PIL filed to stop the religious event of Bageshwar Dham in the state. This event is proposed to be held on May 23 and May 24 this month at Rani Durgavati Mahavidyalaya ground in village Linga of district Balaghat. The petition was filed by an advocate on behalf of the alleged tribal organization, alleging that the event would hurt their religious sentiments.
The same video of the debate on this petition is going viral on social media. In the viral video, the petitioner's advocate demanded that Dhirendra Shastri's story should be done somewhere else instead of Bada Dev Bhagwan, the shrine of the tribals. On this demand, Justice Vivek Aggarwal asked that where the story is yet to take place, what would hurt the sentiments of the tribal people and what are the beliefs there? The counsel for the petitioner could not give any satisfactory answer to this question of the court. Because of this, he cited the constitution and accused the judge of not listening to him. The advocate said, “These are provisions in the Constitution. That's what I am telling. You are not ready to understand.'
On the reply of the advocate, Justice Vivek asked him to speak properly. However, even after this the advocate told the judge in the court, “You are not ready to listen. Anything is being said." On these words of the advocate, the judge ordered him to issue a notice of contempt. Justice Vivek said, “You do not know how to argue in the High Court. You will give your answer in the notice." The judge also warned the advocate to be sent to jail for further wrong arguments. Further in this video, Justice Vivek questioned the advocate asking about 'Sarva Adivasi Samaj', who authorized him for the debate. Also said, "keep in mind. If there is even a slight argument, I will send you to jail from here itself. Advocacy will end. Learn to talk politely. You will forget to misbehave. You people have thought that you will collect huge TRP for yourself by misbehaving? You forget that the day we send you to jail, all legal practice will stop. You people are sent to teach that you should behave indecently."
The judge also asked the advocate to apologise. In response to a question, the advocate said that he has been practicing in the High Court since 2007. Hemlata Durve and Colonel Harnam were named as petitioners. Mansharam Maravi was recorded in the plain paper as the name of the president of the petitioner group Sarva Adivasi Samaj. When Justice Vivek asked about the registration and letter head etc. of this organization, the advocate informed that the registration would not be put in the court. Commenting on this reply, Justice Vivek called such a petition a 'sponsor petition'. Ultimately the High Court dismissed this petition. Justice Vivek advised the advocate to register the case and file it again. Also said at the end, “Tell the party that the court dismissed us for showing heat.” In his order, Justice Vivek Aggarwal also mentioned that the advocate of the so-called 'Sarv Adivasi Samaj' argued unnecessarily instead of answering the questions. As per the order, the petitioner, who appeared with incomplete papers, failed to establish how the proposed narrative would hurt the sentiments of the tribal community.
The special thing is that the advocate who filed this petition was not aware of the order given by Justice Vivek Aggarwal on May 18 in the same matter. Then Justice Vivek rejected the petition to stop the program of Dhirendra Shastri. It may be noted that on May 18, Justice Vivek Aggarwal's bench had dismissed a petition to cancel the same function on May 23-24. Then advocate Prahlad Chowdhary, appearing on behalf of Dinesh Kumar Dhruv of Divasi Vikas Parishad, told the story about tribal areas being affected, events being organized against the will of tribals, Arguments like not allowing the Gram Sabha and influencing the 2023 assembly elections were given. Advocate Chowdhary also accused Dhirendra Shastri of spreading religious disharmony. In response to these arguments, Justice Vivek Aggarwal had told the gram sabha to come directly to the court instead of any organization in case of objection. Giving information that the approval of the Gram Sabha is not required for the event, he called the petition sponsored. At the same time, Justice Vivek said that there is no evidence that the story will affect the tribals. He told the responsibility of handling law and order of the state government. It is noteworthy that Mahant Pandit Dhirendra Shastri of Bageshwar Dham has been called a firebrand storyteller after the video promoting Hinduism went viral. Just some time ago, an attempt was made to stop one of his programs by the Bihar government.
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