AMITY LAW SCHOOL

Weekly Progress Report (W.P.R.) - Week 2

1) For the period commencing: 3rd July, 2023 to 3rd August, 2023
2) Programme: BBA LL.B (Hons.) Semester : 7th Semester

3) Student’s Name: Mainak Ghosh

4) Enrollment Number: A61021520035

5) University/Institute: AMITY UNIVERSITY MADHYA PRADESH, ALS

6) Faculty/ Guide’s Name: Mr. Arun Sharma

7) Supervisor’s Name:

8) Name of team members (If working in groups): NO

9) Title of the Course: Internship Report

10) Tasks Completed:

Read-
• Bada Gurdwara Saadh Sangat, Katras Road, Dhanbad Vs The State of Jharkhand
• Kaleshree Bai V/s Laxman (Died) Through Legal Heirs and Ors.

Research on judgements that are related to facts of the case.

Reading any suggested law related materials for my own benefit.
• Practical Application of Legal Notices in the field of Law.
• Process of summoning accused/witness in the court.

11) Remarks of Faculty/ Guide:

Faculty/ Guide Signature

Clinical education program for law students have been available for many years in some Indian Law
Schools. The objective of such programs is to provide an understanding of the human, social, and
policy contexts of law and legal practice.

Internship fulfill an important component of both academic and practical education in law. The
integration of professional experience into the learning process is highly effective in developing
your understanding of the law in actions, as you are able to observe and perceivethe relevance and
application of theory to practice. Consequently, the program is not simply “work experiencebut a
significant educational experience.

In a workspace setting you will be exposed to the reality of the practice of law in all its dimensions
the integration of different areas of law, policy issues; the application anddevelopment of skills to
analysis and resolution of client concerns: ethical responses to situations which arises
unexpectedly and spontaneously; issues of professional responsibilityincluding responsibility to
clients and case management; and the operation of the government and court system in the legal
process.

Since the inception of BBA LL.B(Hons.) program at the Amity University, Gwalior, a practical
experience component i.e. internship has been part of the compulsory subject and thus of the
BBALL.B(Hons.)degree. The Legal Internship Program is not designed to teach students how to
be good lawyers (or how to be lawyers at all) it takes more than study at University to do that.The
objectives are to

Expose you to the law in operation in contexts where you will come to perceive aspects of law which
cannot be learned from reading or hearing about it;
Allow you to perceive ways in which the formal learning you acquire at University may be applied
in practice and thereof to develop an appreciation of the practical dimensions of legal principals:
• Enable you to relate the different areas of legal practice to the importance of developing the
skills of legal research, communication, drafting, practice management andproblem-
solving;and
• Enable you to observe and reflect upon the values, ethical standards and conduct ofthe
legalprofession in practice and to develop your own attitudes of professional responsibility.
• The classroom study and practical training in the field of law is considered as two sides of
coin. The legal profession is one of the professions which are considered incomplete without
the practical training. An additional benefit of the internship program is that ot provides you
with an opportunity to observe the way in which law operates in a practical milicu, and so
mayassist you in making future career choices.
Entry No.8 – 10th July, 2023
My advocate briefed me with the entire working of the proceedings. He showed me some of the
cases he assisted in which were easily understood by me in the first scene.

Entry No.9 – 11th July, 2023

I was assigned to observe the counselling of the clients with the permission of counsel in at least
two cases. The cases which I observed were property dispute. I observed the interview and
counseling of two clients in two different cases.

Entry No.10 – 12th July, 2023

I was given a case to read. It was as follows:
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
---
W.P.( PIL) No. 3407 of 2014
----
Bada Gurdwara Saadh Sangat, Katras Road, Dhanbad……………………………………………...Petitioners
Versus
1. The State of Jharkhand
2. The District Collector, Dhanbad
3. The Sub-divisional Officer, Dhanbad
4. The President, Bada Gurudwara, Dhanbad
5. The General Secretary, Bada Gurudwara, Dhanbad
6. The Treasurer, Bada Gurudwara, Dhanbad……………………………………………………....Respondents
----
CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR HON'BLE
MR. JUSTICE P.P. BHATT
----
For the Petitioners : M/s Mahesh Tiwary and Pratiush Lala
For the Respondents : Mr. Jai Prakash, AAG
For Private Respondent : M/s. Anil kumar Sinha, Sr.Advocate & Krishna Shankar
-----
Reserved on 17.04.2015 Delivered on 15/05/2015
Prashant Kumar,J.
In this Public Interest Litigation, the petitioner has prayed for issuance of a writ or direction commanding the
respondents to take appropriate steps for conducting free and fair election of the Managing Committee of Bada
Gurudwara, Dhanbad. Petitioner further pray for abolition of the present committee of Bada Gurudwara, Dhanbad, as
the members of the present Committee are illegally managing the affairs of the Bada Gurudwara, Dhanbad from last
10-12 years.
2.Petitioner states that members of Sikh Community of Dhanbad have formed Bada Gurudwara Saadh Sangat against
the arbitrary action of the members of the Gurudwara Prabandhak Committee of the Bada Gurudwara, Dhanbad. It is
stated that aforesaid members are illegally managing the affairs of the Bada Gurudwara from the last 10-12 years. It
is stated that members of the Sikh Community authorised the petitioner to file present writ application in this Court.
3.It is stated that Bada Gurudwara, Dhanbad is the oldest and biggest Gurudwara of Dhanbad. It is further stated that
Bada Gurudwara, Dhanbad is the controlling authority of so many educational institutions such as (a) Guru Nanak
College, Barmasia, Dhanbad, (b) B.Ed. College, Dhanbad, (c) Guru Govind Singh Public School, Dhanbad, (d)
Khalsa High School, -2Dhanbad and (e) Khalsa Middle School, Dhanbad. It is then stated that besides the aforesaid
educational institutions, Bada Gurudwara, Dhanbad also running a Hotel and takes rent from the shops and banks.
4.It is stated that for the smooth running of the affairs of the Bada Gurudwara, Dhanbad the members of Sikh
Community had laid down a Regulations on 11.04.1958, which was later on amended on 12.04.1972. The aforesaid
Regulations provides that the members of the Sikh Community shall constitute Gurudwara Prabandhak Committee,
through election, for running the affairs of the Bada Gurudwara, Dhanbad. It is stated that at present, some powerful
members of the Sikh Community grabbed the Committee since last 10-12 years. It is stated that they are not allowing
other persons to become the members of the said committee. It is further stated that aforesaid members of the Sikh
Community are electing President, General Secretary, Vice-President and Treasurer of the Committee from amongst
themselves on rotation basis, in violation of the Rules and Regulations. It is further stated that aforesaid members of
the Gurudwara Prabandhak Committee are not informing the voters regarding the time and date of election and on
every occasion they select members from amongst themselves by nomination process. It is stated that petitioner and
other members of the Sikh Community had raised objection against the aforesaid illegal activities of the members of
the Gurudrawa Prabnandhak Committee, but all in vain. It is then stated that the petitioner and other members of
Sikh Community made representation before respondent nos. 2 and 3 and requested them to conduct the election of
the Gurudwara Prabandhak Committee according to the regulation, but they have not taken any action.
5.It is further stated that every year a huge amounts received in the Bada Gurudwara, Dhanbad through donation, but
the members of the Gurudwara Committee are not giving the account of the same. It is further stated that present
members of the Gurudwara Prabandhak Committee are mis-using crores of rupees. It is stated that instead of using
the aforesaid money for the welfare of Sikh Community, the members of the Managing Committee are using the
same for their own benefit. It is further stated that members of the Committee are mis-managing the affairs of
educational institutions, which are under the control of Bada Gurudwara, Dhanbad. Accordingly, it is prayed that a
direction be given to the -3respondents to conduct free and fair election of the Bada Gurudwara Prabandhak
Committee after abolishing the present committee.
6.A counter affidavit filed on behalf of respondent nos. 2 and 3, wherein they stated that Deputy Commissioner,
Dhanbad ( respondent no.2) after receiving the representation of the petitioner and other members of the Sikh
Community had constituted a committee for holding an inquiry about the affairs of Bada Gurudwara, Dhanbad. It is
stated that said committee conducted an inquiry and gave its report to the Deputy Commissioner. It is stated that
inquiry report reveals that the election of the Bada Gurudwara Prabandhak Committee for the year 2013-15 held in
accordance with the regulations and there is no illegality in it. It is further stated that present Public Interest
Litigation is not maintainable.
7.Respondent no.4, 5 and 6 had also filed separate counter affidavit, wherein they stated that present Public Interest
Litigation is not maintainable. It is stated that against the petitioner and his men, the members of the Committee had
filed so many criminal cases, thus with a view to take revenge from the members of the Committee, the petitioner
had filed present writ application. It is further stated that even on merit, there is no case. It is submitted that before
conducting election for the year 2013-15, the erstwhile Gurudwara Prabandhak Committee on 1.02.13 hanged a
notice on the notice board, stating there in that the election of the new Prabandhak Committee is going to be held at
the time of Baisakhi, therefore, if any member of Sikh Community, who completed the age of 21 years, wants to
contest the election, may file application as per the regulation before the General Secretary of the Committee by 1st
March, 2013. It is stated that petitioner had not filed any application showing his willingness to contest the election.
Therefore, members of the Committee have been elected according to the provisions of the regulations.In view of
the aforesaid submissions, it is stated that the present Public Interest Litigation is liable may be dismissed.
8.We have heard the learned counsels for the parties.
9.In the instant case, the main grievance of the petitioner is that the present members of the Managing Committee
are holding different posts of the Committee repeatedly in violation of the Regulations framed in this behalf. It
appears from the various annexures enclosed with the writ application that petitioner and his supporters have formed
a rival group -4and they are trying to become office bearer of the Managing Committee. It further appears from
various annexures that the petitioner, his sons and others had tried to interfere with the management of Bada
Gurudwara, Dhanbad and because of that so many criminal cases lodged against the petitioner and his men.
10.It is worth mentioning that Bada Gurudwara Prabandhak Committee, Dhanbad is a society registered under the
Societies Registration Act and run by a Bye-laws. Thus, if according to the petitioner and his supporters the
members of the present Managing Committee are not running the affairs of the Bada Gurudwara, Dhanbad as per
bye-laws and their activities are sub-verse to the object of the society, then they can file an application before the
Inspector General of Registration under section 23 of the Societies Registration Act, 1860 (as amended by the State
of Bihar) for redressal of their grievances. In the instant case, no such application filed before the Inspector General
of Registration.
11.It is also relevant to mention here that petitioner and/or any other voter can challenge the election of the society
by filing a declaratory suit before the competent civil court, if according to them, election conducted by the
Committee is not fair and against the provisions of the regulations. It is worth mentioning that the petitioner or his
supporters have not filed such suit.
12.It has been held by Hon'ble Supreme Court in Jaipur Shahar Hindu Vikas Samiti .Vs. State of Rajasthan and
Others" reported in 2014(5) SCC-530 at paragraph nos. 47 and 49 that : "47. The scope of public interest litigation is
very limited, particularly, in the matter of religious institutions. It is always better not to entertain this type of public
interest litigations simply on the basis of affidavits of the parties. The public trusts and religious institutions are
governed by particular legislation which provide for a proper mechanism for adjudication of disputes relating to the
properties of the trust and the management thereof. It is not proper for the court to entertain such litigation and pass
orders. It is also needless to mention that the forums cannot be misused by the rival groups in the guise of public
interest litigation." "49. The concept of public interest litigation is a phenomenon which is evolved to bring justice to
the reach of people who are handicapped by ignorance, indigence, illiteracy and other downtrodden people. Through
the public interest litigation, the cause of several people who are not able to approach the court is espoused. In the
 guise of public interest litigation, we -5are coming across several cases where it is exploited for the benefit of certain
individuals. The courts have to be very cautious and careful while entertaining public interest litigation. The judiciary
should deal with the misuse of public interest litigation with iron hand. If the public interest litigation is permitted to
be misused the very purpose for which it is conceived, namely, to come to the rescue of the poor and downtrodden
will be defeated. The courts should discourage the unjustified litigants at the initial stage itself and the person who
misuses the forum should be made accountable for it. In the realm of public interest litigation, the courts while
protecting the larger public interest involved, should at the same time have to look at the effective way in which the
relief can be granted to the people whose rights are adversely affected or are at stake. When their interest can be
protected and the controversy or the dispute can be adjudicated by a mechanism created under a particular statute, the
parties should be relegated to the appropriate forum instead of entertaining the writ petition filed as public interest
litigation." (emphasis added).
13. As noticed above, the petitioner has a forum under section 53 of the Societies Registration Act, where he can
raise his grievance aginst the illegal activities of the members of Gurudwara Prabandhak Committee. Likewise, it is
open to the petitioner or any other member of the Sikh Community to challenge the election of the Gurudwara
Prabandhak Committee by filing a declaratory suit. But petitioner or any other member of the Sikh Community had
not availed those remedies. Thus, in view of the aforesaid decision of the Hon'ble Supreme Court, in our view, the
present application is not maintainable, specially when the controversy between the parties can be adjudicated by
Inspector General of Registration or by the Civil Court. Accordingly, we find no merit in this application. Thus, the
same is dismissed.

Entry No.11- 13th July, 2023

On the basis of case reading, I was asked the opinion of whether the case was true in its form or not.
Observation- This case was related to misappropriation of funds by the institute. It was seen that a huge
donation was made to the Gurudwara but their accounts did not match in regards to the current account
balance. There were many suit and counter-suits being filed and it was seen that there are multiple
parties involved for the judgement.

Entry No.12 – 14th July, 2023

I was given another case to read. It was as follows:
I was given another case to read. It was as follows:
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 716/2018

(Arising out of impugned final judgment and order dated 21-11- 2017in LPA No.
1829/2015 passed by the High Court of Judicatureat Patna)

GOPAL PODDAR Petitioner(s)

VERSUS

STATE OF BIHAR & ORS. Respondent(s)

(IA No. 145560/2018 – FOR EXEMPTION FROM FILING O.T.)

Date : 04-04-2022 These matters were called on for hearing

today.

CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARIHON'BLE MR. JUSTICE
ANIRUDDHA BOSEFor Petitioner(s) Ms. Sangeeta Kumar, AOR
Ms. Vidushi Garg, Adv. Ms. Vithika Garg, Adv. Mr. RatneshwarDas, Adv.Mr. Zubair
Ahmed, Adv.
For Respondent(s) Mr. Abhinav Mukerji, AORMrs. Bihu Sharma,Adv. Mr. Akshay C.
Shrivastava, Adv.Ms. Pratishtha Vij, Adv. Mr. Sanjeev Kumar, AOR Mr. Sanjay Kumar, Adv.
Mr. Ajay Amritraj, Adv. Mr.Sundhanshu Palo, Adv.Mr. Ashish Prakash,Adv.

UPON hearing the counsel the Court made the following

ORDER

Leave granted.

Hearing expedited

(SHRADDHA MISHRA) (RANJANA SHAILEY)

SENIOR PERSONAL ASSISTANT COURT MASTER(NSH)

Entry No. 13- 15th July, 2023

Though it was Saturday, I was assigned to give a brief overview of the current scenario of the Indian Legal
System and scrutinize it with the help of some case laws passed by any High Court. He also assigned me to
write an Article on “Havoc in Tiz Hazari Court” and also an analysis of the arguments that took place
during the incident.

Entry No.14– 16th July, 2023

Sunday- Holiday