# Shahendra Misra & others v. State of U.P. & others

- **Citation:** (2002) 2 ILRA 536
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2002-07-16
- **Case number:** Criminal Misc. Writ Petition No. 3607 of 2002
- **Bench:** M. Katju, D.R. Chaudhary
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shahendra-misra-others-v-state-of-u-p-others-40009
- **Pages:** 2

## Headnote

Constitution of India-Article 21- Article
21 of the Constitution of India has been
interpreted by the Court to include the
right to water, food and electricity as
they are essentital for a life of dignity.
(Held in para 3)

Case Law Referred:

A perusal of the impugned F.I.R. shows
that
the
allegations
against
the
petitioners are that they had held
Chakka Jam on the road crossing there
was no electricity supply in township
Jasrana, district Firozabad. This is a
problem
which
is
assuming
huge
dimensions in large parts of the country
and calls for immediate national level
action by the authorities concerned.

## Text

http://www.allahabadhighcourt.nic.in
 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
536
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.7.2002

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE D.R. CHAUDHARY, J.

Criminal Misc. Writ Petition No. 3607 of
2002

Shahendra Misra & others ...Petitioners
Versus
State of U.P. & others ...Opposite Parties

Counsel for the Petitioner:
Sri Apul Misra

Counsel for the Opposite Party:
A.G.A.

Constitution of India-Article 21- Article
21 of the Constitution of India has been
interpreted by the Court to include the
right to water, food and electricity as
they are essentital for a life of dignity.
(Held in para 3)

Case Law Referred:

A perusal of the impugned F.I.R. shows
that
the
allegations
against
the
petitioners are that they had held
Chakka Jam on the road crossing there
was no electricity supply in township
Jasrana, district Firozabad. This is a
problem
which
is
assuming
huge
dimensions in large parts of the country
and calls for immediate national level
action by the authorities concerned.

(Delivered by Hon'ble M. Katju, J.)

1. The learned Addl. Government
Advocate may file a counter affidavit
within three weeks. List thereafter.

2. Until further orders we stay the
arrest of the petitioners in case crime No.
271
of
2002,
under
sections
147,148,149,307,336,332,504 and 506
I.P.C. and Section 7 Criminal Law
Amendment Act Police station Jasrana,
District Firozabad.

3. A perusal of the impugned F.I.R.
shows that the allegations against the
petitioners are that they had held Chakka
Jam on the road crossing because there
was no electricity supply in township
Jarana,
District
Firozabad.
This
is
problem
which
is
assuming
huge
dimensions in large parts of the country
and calls for immediate national level
action by the authorities concerned.

4. The shortage of water and
electricity in large parts of the country are
assuming colossal dimensions and unless
something drastic is done about it riots,
Chakka Jams etc. may take place in many
parts of the country because without water
and electricity people are bound to come
on the streets. Hence a national level
scientific apparatus needs to be set up by
the
Central
Government
in
this
connection so that this problem is tackled
on a war footing.

5. It is an ironical situation that
while some parts of the country are
undergoing floods other parts including
Delhi, U.P. Madhya Pradesh, Rajasthan,
Orissa etc. are undergoing drought, and
severe electricity shortage.

6. A national level plan should,
therefore, be set up by the Central
Government by using scientific methods
with the aid of technical experts so that
excess water in flood areas may be
diverted to the drought hit areas. In this
way the problem of drought and floods
can both be solved. At the same time the
http://www.allahabadhighcourt.nic.in
2 All] Shahendra Misra and others V. State of U.P. and others
537
electricity problem has also to be tackled
at the national level on war footing. There
was a time when electricity was only a
luxury but today in the modern age it is a
necessity, without which life becomes
hellish. Without electricity industrial
activities also come to a stand still and
normal life is totally dislocated.

7. Article 21 of the Constitution of
India has been interpreted by the Courts
to include the right to water, food and
electricity as they are essential for a life of
dignity. In our opinion, therefore, it is
duty of the authorities to ensure regular
water and electric supply to the citizens,
otherwise, their lives become miserable
and there may be civil disorders. We are
seeing on the T.V. that citizens in large
parts of Delhi, M.P., U.P. and other places
are facing the problem of shortage of
water and electricity and their lives have
become hellish. In Allahabad water is
being sold from pots carried on eccas, and
there have been Chakka Jams. As per
T.V. news a power contractor has been
killed by a mob in Delhi. As per another
newspaper report, in Nanpara township of
district Bahraich an angry mob of people,
incensed over the lack of electricity, took
out a procession, burnt a roadways bus,
destroyed 3 transformers, stoned the
police station and residences of the power
department officials, closed the shops,
and they were lathi charged by the police
causing several injuries. In another
incident rail traffic on the Kanpur Delhi
section of Northern Railway was affected
after an angry mob, protesting erratic
power supply and drinking water shortage
blocked movement of trains and damaged
the railway tracks. In Sambalpur in Orissa
students protesting against power shortage
were fired upon by the police causing
several injuries, some of them reportedly
critical. Many such incidents all over the
country are being reported by the media
every day. On T.V. screens scenes of
parched and cracked agricultural fields in
many parts of the country appear daily,
and there is danger of famine due to
failure of the monsoons. This problem
should be tackled on the highest level,
otherwise the consequences may be very
serious.

8. Let a copy of this order be sent by
the Registrar General of this court to the
Secretary,
Power
and
Energy
Departments, Government of India as
well as the Attorney General of India and
the Solicitor General who shall submit a
report to this Court as to what action is
being taken by the Central Government
for making a national level plan for
resolving this problem of water and
electricity shortage which has become
night-mare for the whole nation. A copy
of this order shall also be sent to the Chief
Secretary U.P.

9. List this petition before us on
5.8.2002 on which date we request the
learned Attorney General of India or
Solicitor General to be personally present
before us.
---------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD JULY 17, 2002

BEFORE
THE HON'BLE BINOD KUMAR ROY, J.
THE HON'BLE R.C. DEEPAK, J.

Criminal Misc. Bail Cancellation
Application No. 78419 of 2001

Raj Pal Singh and others
...Appellants
Versus
State of U.P.

 ...Opposite Party