TMI Blog1983 (10) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... of West Bengal. There are two connected writ petitions being Writ Petition Nos. 7204/82 3491/83 by the Diocese Secretary of West Bengal Region and another follower of Ananda Marga. All these Petitions raise this common question and have been heard at a time. For convenience the petition by the General Secretary, Public Relations Department of the Ananda Marga Pracharak Sangh has been treated as the main petition and references in the judgment have been confined to it. In the original petition certain factual assertions have been made and after counter affidavits were filed several further affidavits have been placed before the Court on behalf of the petitioner and counter affidavits too have been filed. Shorn of unnecessary details, the averments on behalf of the respective contenders are as follows: Shri Pravat Ranjan Sarkar otherwise known as Shri Ananda Murti, founded a socio-spiritual organisation claimed to have been dedicated to the service of humanity in different spheres of life such as physical, mental and spiritual, irrespective of caste, creed or colour, in the year 1955. In the initial period the Headquarters of this organisation was located near Ranchi in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al universal music and the entitative sound; and the skull is the symbol of death reminding every man that life is short and, therefore, every moment of life should be utilised in the service of mankind and salvation should be sought. The petitioner has further maintained that Ananda Margis greet their spiritual preceptor Shri Ananda Murti with a dance of Tandava wherein one or two followers use the skull and the symbolic knife and dance for two or three minutes. At intervals processions are intended to be taken out in public places accompanied by the Tandava dance as a religious practice. Though in subsequent affidavits and in the course of argument an attempt was made by Mr. Tarkunde to assert that Ananda Marga is a new religious order, we do not think there is any justification to accept such a contention when it runs counter to the pleadings in paragraphs 4 and 17 of the writ petition. In paragraph 4 it was specifically pleaded that Ananda Marga is more a denomination than an institutionalised religion , and in paragraph 17 it was pleaded that Ananda Margis are Shaivites... We shall, therefore, proceed to deal with this petition on the footing that, as pleaded by the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ests of other members of the public are involved, the sense of security of the others is also involved. The authorities concerned have to keep in mind the question of the feelings of other members of the public and the question of the possibility of any attempt to retaliate or counter-act to the same are also to be considered. Taking into consideration all these factors I am of the opinion that the petitioners do not have any legal right and they have not established any legal right to carry fire torches, skulls and daggers in public places or public streets and do not intend to pass any order entitling the petitioners to do so. However, the petitioners shall be entitled to go in procession or hold any demonstration without any such fire tourches, daggers or skulls. However, this would be subject to prevailing law of the land in the particular area. For example, in the High Court, Dalhousie Square and Assembly order under section 144 of the Criminal Procedure Code is promulgated from time to time. This order would not entitle the petitioners to hold any such procession, demonstration in violation of such promulgation, if any. This order would also not entitle the petitioners to hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ident of 1971 which led to prosecution of Sri Ananda Murti and some of his followers. It is stated that militancy continues to be the main feature of the organisation. Prior to promulgation of the prohibitory orders, it has been pleaded, Ananda Margis took out processions carrying lethal weapons like tridents, lathis as well as human skulls and knives from time to time and caused much annoyance to the public in general and onlookers in particular, and this tended to disturb public peace, tranquillity and public order. In spite of the prohibitory orders in force from August 10, 1979, a procession was taken out on the following day within the city of Calcutta by Ananda Margis with lathis, tridents, Knives, skulls, and the procession became violent. The assembly was declared unlawful and the police force was obliged to intervene. The police personnel on duty including a Deputy Commissioner of Police received injuries. Reference to several other incidents has also been made in the counter-affidavit of the Police Commissioner. The State Government has supported the stand of the Police Commissioner in its separate affidavit. We have already indicated that the claim that Ananda Marga i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther under the same name: a religious sect or body having a common faith and organisation and designated by a distinctive name . This test has been followed in The Durgah Committee, Ajmer Anr. v, Syed Hussain Ali Ors. In the majority judgment in S. P. Mittal etc. v. Union of India Ors reference to this aspect has also been made and it has been stated: The words religious denomination in Article 26 of the Constitution must take their colour from the word religion and if this be so, the expression religious denomination must also satisfy three conditions: (1) It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conducive to their spiritual well-being, that is, a common faith; (2) common organisation, and (3) designation by a distinctive name. Ananda Marga appears to satisfy all the three conditions, viz., it is a collection of individuals who have a system of beliefs which they regard as conducive to their spiritual well-being; they have a common organisation and the collection of these individuals has a distinctive name. Ananda Marga, therefore, can be appropriately treated as a religious deno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... activities which may be associated with religious practice and there is a further right given to the State by sub-clause (b) under which the State can legislate for social welfare and reform even though by so doing it might interfere with religious practices .. The contention formulated in such broad terms cannot, we think, be supported. In the first place, what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself. It the tenets of any religious sect of the Hindus prescribe that offerings of food should be given to the idol at particular hours of the day, that periodical ceremonies should be performed in a certain way at certain periods of the year or that there should be daily recital of sacred texts or oblations to the sacred fire, all these would be regarded as parts of religion and the mere fact that they involve expenditure of money or employment of priests and servants or the use of marketable commodities would not make them secular activities partaking of a commercial or economic character; all of them are religious practices and should be regarded as matters of religion within the meaning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce lasts for a few minutes where two or three persons dance by lifting one leg to the level of the chest, bringing it down and lifting the other. In paragraph 18 it has been pleaded that when the Ananda Margis greet their spiritual preceptor at the airport, etc., they arrange for a brief welcome dance of tandava wherein one or two persons use the skull and symbolic knife and dance for two or three minutes. In paragraph 26 it has been pleaded that Tandava is a custom among the sect members and it is a customary performance and its origin is over four thousand years old, hence it is not a new invention of Ananda Margis. On the basis of the literature of the Ananda Marga denomination it has been contended that there is prescription of the performance of tandava dance by every follower of Ananda Marga. Even conceding that tandava dance has been prescribed as a religious rite for every follower of the Ananda Marg it does not follow as a necessary corollary that tandava dance to be performed in the public is a matter of religious rite. In fact, there is no justification in any of the writings of Shri Ananda Murti that tandava dance must be performed in public. Atleast none could be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... propriety of repetitive prohibitory orders is, however, to our mind a serious matter and since long arguments have been advanced, we propose to deal with it. In this case as fact from October 1979 till 1982 at the interval of almost two months orders under s. 144(1) of the Code have been made from time to time. It is not disputed before us that the power conferred under this section is intended for immediate prevention of breach of peace or speedy remedy. An order made under this section is to remain valid for two months from the date of its making as provided in sub-section (4) of s. 144. The proviso to sub-s. (4) authorises the State Government in case it considers it necessary so to do for preventing danger to human life, health or safety, or for preventing a riot or any affray, to direct by notification that an order made by a Magistrate may remain in force for a further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired. The effect of the proviso, therefore, is that the State Government would be entitled to give the prohibitory order an additional term of life but that would be limited to six months b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y action taken by such an authority in an emergency where danger to public order is genuinely apprehended is anything other than an action done in the discharge of the duty to maintain order... This Court had, therefore, appropriately stressed upon the feature that the provision of s. 144 of the Code was intended to meet an emergency. This postulates a situation temporary in character and, therefore, the duration of an order under s. 144 of the Code could never have been intended to be semi-permanent in character. Similar view was expressed by this Court in Gulam Abbas Ors. v. State of U.P. Ors., where it was said that the entire basis of action under s. 144 is provided by the urgency of the situation and the power thereunder is intended to be availed of for preventing disorders, obstructions and annoyances with a view to secure the public weal by maintaining public peace and tranquillity .... Certain observations in Gulam Abbas s decision regarding the nature of the order under s. 144 of the Code-judicial or executive-to the extent they run counter to the decision of the Constitution Bench in Babulal Parate s case, may require reconsideration but we agree that the na ..... X X X X Extracts X X X X X X X X Extracts X X X X
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