The Lucknow bench of the Allahabad High Court on Tuesday declined to entertain a Public Interest Litigation (PIL) that sought a probe into alleged anti-national activities and the use of social media platforms to form the so-called Cockroach Janta Party, which was accused of inciting youth. The petitioner opted to withdraw the plea after the court raised questions regarding its territorial jurisdiction.
Court's Observation on Jurisdiction
A vacation bench comprising Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on a criminal PIL filed by S Vignesh Shishir. The bench noted that the petitioner, who described himself as a permanent resident of Bengaluru, should have first approached the Karnataka High Court, given that the issues raised were of national importance. The court further observed that the petition did not disclose any specific cause of action arising within the state of Uttar Pradesh.
Allegations Against the Organisation
The petitioner had accused Abhijit Dipke, a native of Pune currently residing in the United States, of forming an unregistered organisation called ‘Cockroach Janta Party’. It was alleged that the organisation was involved in anti-national activities, including the use of foreign funding. The plea sought a probe by the National Investigation Agency (NIA) and the Enforcement Directorate (ED). Additionally, the petitioner claimed that several social media accounts were being used to influence and incite the country's youth.
Withdrawal of the Plea
After the court indicated that the petition was not maintainable before the Lucknow bench on the ground of forum non conveniens, the petitioner sought permission to withdraw the plea. The court granted the request, allowing the petitioner the liberty to approach a court with competent jurisdiction.
The bench also clarified that the dismissal of the PIL was without any expression on the merits of the case. The petitioner may now file a fresh petition before the appropriate high court, such as the Karnataka High Court or the Bombay High Court, depending on where the cause of action arises.
