ACHARYA JAGDISHWARANAND AVADHUTA, ETC. versus COMMISSIONER OF POLICE, CALCUTTA & ANR.

Citation: [1984] 1 S.C.R. 447 · Decided: 20-10-1983 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed

Cited by 5 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

.. 
ACF1ARYA JAGDISHWARANAND AVADHUTA; ETC. 
v. 
··COMMISSIONER OF POLICE, CALCUTTA & ANR. 
October 20, 1983 
(P.N. BHAOWATI, AMARENDRA NATH SEN AND 
RANOANATH MiSRA, JI.] 
A 
B 
Constitution of India-Arts. 25 and 26-Scope of. Religious denomina· 
C 
lion-What is ? Whether a particular rite or observance is an essential 
religious rite of a religion-Court can decide. 
Constitution of India-Arts. 25 and 26-Whether protection of Arts. 25 
and 26 available to Ananda Marga-A soc.lo-Spiritual organisation. - Ananda 
Marga not a separate religion but a religious denomination. Performance of 
Tandava dance in procession tn public streets not an essential religious rite of 
D 
Ananda Marga. 
"" 
Code of Criminal Procedure, 1973-S.144-Scope of. Prohibitory Order 
under s.144-Mtant to meet emergent situation-Order. 1101 permanent or semi· 
permanent in character-Making of rep~titive orders amounts to abuse of 
power. 
Wqrds and Ph;ases 4Religlous deno.mination'. 
Respondent No. 1 was alleged to have been making repetitive orders 
under s.144 of the Code of Criminal Procedure, 1973 from August 1979 
directing that no member of a procession or assembly of five or niore persons 
• should ~.arry any fire arms, explosives, -swords, spears, knives, tridents, lathis 
_or any article which may be used as weapon of offence or any article likely 
' to cause annoyance to the public, for example skuUs. A writ petition was 
filed in the High Court for a direction on the respondents n6t to impose such. 
restraints on· the followers of Ananda Marga. The High Court dismissed the 
writ petition. The resporident No. 1 Qiade a similar order on March 2·9. 1982. 
An appli_cation for permission to take out a prQcession in the public ·streets 
by the followers "or Ananda Marga accompanied with Tandava· dance was 
rejected., The petitioner filed writ petition under Art. 32 of the Constitution 
for a direction to the respondent No. 1 and the State to allow processioQ. to be 
carried in the public streets and meetings to be held· in public places by the 
followers of the Ananda Marg8. accompaqied by the performance of Tandava 
dance within the State of West Bengal. The petitioner submitted that Anandll 
Marga was a socio-spiritual organisation dedicated to the service of humanity 
in different spheres of life such as physical, mental and spiritual, irrespective 
of caste. creed or colour; one of the prescriptions of the religious rites to be 
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448 
SUPREME· COURT REPOllTS 
(1984) 1 !.C.R. 
performed by an Ananda Margi was Tandava dance which was to be pcrforincd. 
with a skull, a small symbolic knife, ·a trishul, and a damroo; and at intervals 
processions were intended to be 'taken otit in public places accompanied by the 
Tandava Dance as a religious practice. The petitioner conten'.ded that Tandava 
Dance was an essential part of the religious rites ·or Ananda Margis· and that 
they were entitled to practice the same both in private as also in public plaCes 
and interference by the respondent was opposed to the fundamental rights 
guaranteed under Arts. 25 and 26 of the Constitution. The petitioner also 
contended that repetitive ·orders under s.144 of the Code of Criminal Procedure · 
were not contemplated by the Code and, therefore, making of such orders was 
an abuse of the" law· and should not be coulltenanced·. 
Dismlssing the writ petitions, 
HELD : The Anarida Marga is not a. separate religion by itself. 
~herefore, application of Art. 25 of the Constitution is not attracted. 
Th~ 
petitioner asserted that Ananda Marga' was not an institutionalised religion 
.but was a religious denomination. The writings of the founder of the Ananda 
Marga are essentially lounded upon the essence of the Hindu philosophy. 
The test indicated in (1966) 3 S.C.R. 242 and the admission in· para 17 of the 
writ petition that Ananda Margis belong to ·the Shaivite order lead to the 
Clear conclusion that Anailda Ma~gis belong to the Hindu religion. 
[455 E·456 CJ 
Sastri Yagnapuruslzadji &: Ors. v . . Muldas Bhudar dils Vaishya. & Anr-., 
[1966] 3 S.C.R .. 242, referred to. 
The words {religious denominatiorl' .in Art. 26 of the Constitution must 
take ·their colo'ur from i~e word •religion' and if ihis be so, the expression 
religious denornjnation' must also satisfy three condi.tipns : 
(1) It must be a collection of individuals who have a system Qf 
beliefs or doctrlnes which they reg,ard as conducive to their 
spirltual ~ell-bei

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