LATEST REPORT OF THE MEETING HELD ON 6.1.2007 FOLLOWED BY SPOT INSPECTION OF THE HIGH POWER COMMITTEE CONVENED AT CAMP OFFICE OF LEARNED ADVOCATE GENERAL AT ARDHKUMBH MELA

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD ********* CIVIL MISC. WRIT PETITION NO. 4003 OF 2006 (Under Article 226 of the Constitution of India) DISTRICT, ALLAHABAD Harchetan Branhchari Ji Mahraj, Sri Paramnand Ashram, Teakar Mafi,Amathi, District Sultanpur at Present Residing at Jhoosi, Post Jhoosi, Dist. Allahabad ………………………………………………………………….Petitioner. Versus 1. State of U. P. through Secretary,Environment, Government of U. P. Secretariat, Lucknow (U. P.) 2. The Commissioner, Allahabad Division, Allahabad. 3. The Collector, Allahabad, Dist. Allahabad. 4. The Mala Officer Incharge, Magh Mela, Allahabad. 5. State Board for Prevantation and control of water Pollution through its Chairmen ……………………..Respondents To, The Hon’ble The Chief Justice and his Lordship’s other companion Judges of this Hon’ble Court. The humble application of the applicant submits the report in the matter of Ganga Pollution as under:- LATEST REPORT OF THE MEETING HELD ON 6.1.2007 FOLLOWED BY SPOT INSPECTION OF THE HIGH POWER COMMITTEE CONVENED AT CAMP OFFICE OF LEARNED ADVOCATE GENERAL AT ARDHKUMBH MELA, ALLAHABAD ON 10.1.2007 AT ABOUT 8.45 P.M. 1. In Bijoe Emmanu That Ganga water has an unique, physico/chemical characteristic, which in suitable for the proliferation on of a bacteria needed to complete the reproductive cycle of the Bacteriophages present in its water. No river evokes such feeling in the human mind as the Ganga does. The very name “Ganga” conjures of picture of a holiness’ of peace and joy’ of beauty land sweetness of all that is uplifting in the mind in the mind of Hindu. It is a meeting point for both the rich and poor, who believe that it a divine route to heaven. The spiritual sanctity of the water of River Ganga, deeply associated with the rituals and custom of Hindu philosophy, regarding its great traditions; and simultaneously emergence of the dead body or its ashes in holy water. 2. el Vs. state of Kerala (1986) 3 SCC 615 , the question raised in the aforesaid case as to whether three children who were faithful to Jehovah’s witnesses may refuse to sing any national anthem or salute the national flag of our country despite being the student in the school where during morning assembly the national anthem is sung by other children the circular issued by the director of public instruction Kerala provide obligation of school children to National Anthem .Thus these children were expelled. The Hon’ble Supreme court, while setting aside the aforesaid order of expulsion of the children from the school, was pleased to examine; as to whether the children faithful to Jehovah’s witnesses, a worldwide sect of Christianity may be compelled against tenets of their religious faith duly recognized and well established all over the world which was upheld by the highest court in United States of America, Australia and Canada and find recognition in Encyclopedia Britannica. The verdict given by the Hon’ble Apex Court with regard to the “Right Of Conscience” in our great country, having unity in diversity of every religion is relevant for the protection of the Fundamental Rights Guaranteed to Hindu Pilgrimage assembled from through out the world during Ardh-Kumbha festival at Sangam, is relevant for issuance of strict guidelines to the State Govt. on account of breach of undertaken given by State Govt. before this Hon’ble court. 3. That Article 25 of the constitution if India secures to every person, subject of course to public order, health and morality and other provisions of Part III, including Article 17 freedom to entertain and exhibit outward acts as well as propagate and disseminate such religious belief according to its conscience for edification of others. The right of the State to impose such restrictions as are desired or found necessary on grounds of public order, health and morality is inbuilt in Arts. 25 and 26 itself. Article 25(2)(b) ensures the right of the State to make a law providing for social welfare and reforms besides throwing open of Hindu religious institutions of a public character to classes and Sections of Hindus and any such rights of State or of the communities or classes of the society were also considered to need due regulation in the process of harmonizing the various rights. The vision of the founding fathers of the Constitution to liberate the society from blind and ritualistic adherence to mere traditional superstitious beliefs sans reason or rational basis has found expression in the form of Art. 17. The protection under Arts. 25 and 26 extends a guarantee for rituals and observances, ceremonies and modes of worship which are integral parts of religion but as to what really constitutes an essential part of religion or religious practice has to be decided by the courts with reference to the doctrine of a particular religion or practices regarded as parts of religion. 4. Article 48- A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Article 51- A of the Constitution imposes as one of the fundamental duties on every citizen the duty to protect and improve the natural environment including forests, lakes, rivers, and wild life and to have compassion for living creatures