COMMISSIONER OF POLICE AND ORS. v. ACHARYA JAGADISHWARANANDA AVADHUTA AND ANR.

It is not uncommon to find that those delve deep into scriptures to ascertain the character and status of a particular practice. It has been G authoritatively laid down that Cow Sacrifice is not an obligatory over-act for a Muslim to exhibit his religious belief. No Fundamental Right can be claimed to insist on slaughter of a healthy cow on a Bakrid Day. Performance of "Sharadha" and offering of "Pinda" to ancestors are held to be an integral part of Hindu Religion and religious practice. Carrying "Trishul" or "Trident" H and "skull" by a few in a procession to be taken out by a particular community

COMMR. OF POLICEv. A.J. AVADHUTA [DR. AR. LAKSHMANAN, J.] 1059

- following a particular religion is by itself an integral part of religion. When A persons following a particular religion carry Trishul, Conch or Skull in a . procession, they merely practice which is part of their religion which they wanted to propagate by carrying symbols of their religions such as Trishul, Conch etc. If the conscience of a particular community has treated a particular practice as an integral or essential part of religion, the same is protected by B Articles 25 and 26 of the Constitution of India.

Therefore, Anand Margis have right to take a procession in public places after obtaining necessary permission from the concerned authorities and they are also entitled to carry Trishul or Trident, Conch or Skull so long - as such procession is peaceful and does not offend the religious sentiments C of other people who equally enjoy fundamental right to exercise their religious freedom. An Anand Margi is entitled to transmit or spread religion by taking out procession in public places and also carry Trishul, Conch or Skull. However, any religious right is subject to public order. The State has got ample powers to regulate the secular activities associated with religious practices. Religious activities are protected under Article 25 of the Constitution D _ of India. No doubt, such religious freedom is subject to health and subject to laws made for social welfare. Every person has got right to follow, practice and propagate his religion.

The Commissioner has got power to regulate assemblies, meetings and processions in public places, etc. It specifically provides that he is entitled to prescribe the routes by which ~nd the times at which such processions may pass, in order to keep the public places and prevent obstructions on the occasion of such assemblies, meetings and processions and in the neighbourhood of places of worship during the time of public worship.

Hence, to preserve public peace and to avoid damages to public properties and keeping this in mind the Anand Margis are permitted to go on procession and perform Tandva dance with symbolic skull, Trishul, knife, damroo, sword subject to the following terms and conditions:-

I. The Commissioner of police may prescribe the route; G

2. REGULATION:

(i) The participants to the procession shall not carry wooden bars, weapons, metal rods, weapons capable of inducing violence. H

1060 SUPREME COURT REPORTS [2004] 2 S.C.R.

A (ii) Loud speakers shall not be used. --- (iii) Traffic regulations should be observed.

(iv) Traffic should not be obstructed.

(v) Normal activities of common man should not be disturbed. B (vi) Objectionable slogans and illegal slogans or provocative slogans affecting others' sentiments shall not be expressed or voiced.

c (vii) Processionists shall proceed in five persons row and shall keep one side of the road by keeping other side for transport. -- (viii) Crackers are prohibited

(ix) They should not spray colour powders

The instructions of police officers and other regulations as above should be followed."

For the foregoing reasons, I am of the opinion that the appeal filed by the appellants has no merits and is, therefore, dismissed. In my opinion, it is a fit case for awarding of exemplary costs to the respondents. Since the respondents were prevented from practising their religion and perform the religious Tandava dance, they were compelled to come before this Court.

In this appeal, since the appellant is a Government, by taking a lenient view, I order no costs.

F B.K.M. Appeal allowed.