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*-* "Famous Astrologer gold medallist Pt.

K.L. Shastri. Your economic, family mental and social problems, immediately solved by Sidhi Kirya. Shri Tirupati Jyotish Kendra. Ludhiana 98156-75312 NA6- 91S05"

A plain reading of the above would show that the remedies for practically every problem of life are being offered by persons who have issued the above advertisements and the like. The petitioner alleges that all these advertisements fall within the mischief of section 5 of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and are therefore punishable under section 7 thereof. The police authorities have however, failed to take any action in the matter making the issue of a Mandamus against them necessary.

The respondents have filed their respective counter- affidavits. While the affidavit filed by respondent No.5 states that evil practices prevalent in the society should be curbed and the offending practices discouraged, the affidavit filed by respondent No.7 Deputy Superintendent of Police, SAS Nagar, Mohali inter alia states that no questions of law have been raised in the petition nor is there any room for this Court to interfere in public interest. In the affidavit filed by respondent No.8 it is inter alia stated that on 23rd March, 2007 Rajinder Singh resident of Rajpura had in blind faith murdered his son Aarsh Preet Singh in the premises of Gurdwara Sahib Dalima Vihar Rajpura in which connection, a case under section 302 IPC stands registered on the statement of the priest of Gurdwara. The matter is now pending trial before the competent court. An affidavit has been filed even by respondent No.20 in which it is inter alia stated that the said respondent has in the company of his forefathers and acquired sufficient knowledge in "Jyotish Vidya" (Astrology) based on which he started services for the general public such as 'Havan' and "Puja Paath" for marriages etc. and consultation of Horoscopes (Janam Patries), Karam Kundali, Grah Yog Nivaran and the like. It is denied that the said respondent has ever assured any one of guaranteed solution of their problems. A reply has been filed even by respondent No.11 Punjab Kesri which inter alia alleges that the petition intends to gag the Press and negate the guarantee provided by the Constitution in the shape of "Freedom of Speech" under Article 19 of the Constitution. It is also stated that Astrology is a traditional Indian subject and forms a stream of traditional mathematics and science which is recognised world over. Students of ancient subjects like astrology cannot, therefore, be termed as cheats. There are, however, people who have little knowledge about the subject and yet claim to be the masters of the same. Such people can cause injury to the society. The existence of astrological influences has not been denied nor advertisement of astrology or astrologers banned in the country. It also alleges that advertisements which talk about cure or remedy falling out of the above Schedule cannot be regarded as offensive or violative of the Act. Reliance in support of that is placed upon the decision of this Court in K.S. Saini and Another vs. Union of India reported as AIR 1967, Punjab, 322.

It is further alleged that even in the most civilised countries, people are prone to superstition and that a large number of superstitious people perform their activities in consultation with astrologers and Tantriks which promotes the business of Tantriks and Astrologers. Reliance is also placed upon the decision of the Supreme Court in Dr. Yashpal vs. vs. Delhi Administration reported as AIR 1964(SC), 784, 784, in support of contention that the Act is intended to save ignorant people from being duped into purchasing medicines just because their effect is advertised in eloquent terms. Faith healing is not according to the respondent an offence which is what a Tantrik does according to respondent No.11. Similarly, affidavits have also been filed by the remaining respondents in which also somewhat similar lines of reasoning has been taken. The affidavit filed by Senior Superintendent of Police, Chandigarh additionally states that no person has made a complaint against those who are getting the advertisements regarding magic remedies published in the newspapers.

From the above, it is evident that so long as the publication relates to a magic remedy whether in the form of a talisman, mantra or kavacha or in any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any diseases in human beings or animals or for affecting or influencing in any way the structure or any organic functions of the body of human beings or animals, the same would constitute a cognizable offence. In none of the publications refer to by the petitioner except in 3, is there a claim that a magic remedy would heal a disease. In most of the advertisements the magic remedy relates to service, business, foreign travel, marriage, education, successes or failure in politics etc. None of these claims, howsoever bogus they may be, can be said to fall within the mischief of Section 5 of the Act. In cases, however, where advertisements claim to be providing a magic remedy for physical conditions like eye- sight problem, childlessness or other body ailments as is evident from the advertisements extracted earlier, the advertisement would fall foul of the law and constitute a cognizable offence. We must, however, hasten to add that the tendency among the people to resort to magic remedies whether by way of cures for diseases or for other problems of life, is out of ignorance and at times deep and abiding faith in the efficacy of such remedies. As to how far would the law permit these advertisements of magic remedies for solving problems other than medical problems, is a matter that can, in our opinion, be left to be examined by the Law Commission and eventually by the Parliament. All that we need to say is that there are enough number of gullible people in the country who take every printed word to be Gospel truth and who in the process get fleeced by quacks whether in the name of magic drugs and medicines or magic remedies. We need not be understood to be deprecating Astrology which is an ancient subject recognised and followed in the entire sub-continent and believed by millions in this country. What we need to mention is that once people who claim themselves to be Astrologers and who make their knowledge about the Divine scheme regarding human lives a source of income or livelihood or business the problem of deception and fraud arise. The manner in which some of the advertisements claim to provide a cure for every problem which a human may face in life is more often than not goes beyond what can be supported by even the most ardent supporters of Astrology as a science. Larger public interest, therefore, demands that before the unscrupulous among the Astrologers bring a bad name to the subject and the science, the law must intervene, to regulate the advertisements even in regard to matters that do not directly touch diseases referred to in Section 3 of the Act. As to how far and to what extent can the legislation be reviewed, modified or enlarged in its sweep by a suitable amendment to bring such advertisements also within the purview of Section 5 is a matter which we would leave to the Law Commission of India.