LexSK. PIRU BUX & ORS. versus KALANDI PATI RAO & ORS.
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A B c D E 563' SK. PIRU BUX & ORS. V. KALANDI PATI RAO & ORS. October 29, 1968 (S. M. SIKRI AND R. S. BACHAWAT, JJ.] Religious procession-Right to take out and restrictions thereon. The respondents, who were Hindus filed a suit agaiost the appellants who were Muslims, for a declaration that the Hindu residents df their villages had the right to take out religious and non-religious processions with appropriate music along the roads and public highways in the vil- lages, including those by the side of two mosques in the villages. The appellants contended that in 1931, in proceedings under s. 107, Criminal Procedure Code, there was a compromise between the Hindus and the Muslims of the two villages, whereby it was agreed that Hindus would not play music between two land marks near the mosques, and that such a restriction was necessary to enable them to say their prayers in the mosques. The trial court held the respondents were bound by the com- promise. The first appellate court also held that the respondents were bound by the compromise, but that the respondents could take the pro- cessions between the landmarks with 'music in a low sound except drum- beating'. Both parties appealed to the High Court. The High Court held that the respondents were not bound by the compromise, that no restric- tion could be imposed on the right of the respondents' community (Hindus) to take out processions with appropriate music, and that the res- trictive order of the first appellate court that only low sound music could be played should be set aside. In appeal to this Court. HELD : ( 1) As the compromise was not arrived at in a suit fought in a respresentative cap·acity, it did not debar the partje~ from asserting their legal rights in a civil court. [567 DJ Babu Ram Singh v. Subban Machi, A.LR. 1929 All, 519, explained. F ( 2) The respondents have the right to take out both religious and non-religious processions with accompaniment of music on the road's and highways subject only to (a) an.y order of the local authorities regulat- mg the traffic; (b) any directions o'f the Magistrate under any law for the time being in force; and (c) the rights of the public. [568 G] G H Manzur Hasan v. Muhammad Zaman, (1924) 52 I.A.61, applied. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 25 of 1966. Appeal by special leave from the judgment and decree dated January 2, 1963 of the Orissa High Court in Second Appeal No. 365 of 1960. V. D. Misra, for the appellant. N. C. Chatterjee and Sukumar Ghose, for the respondents Nos. 1 to 3 aoo 5 to 12. 564 SUPREME COURT REPORTS [1969] 2 S.C.R. The Judgment of the Court was delivered by Sikri, J. This appeal by special leave is directed against the judgment of the Orissa High Court in a second appeal whereby the High Court affinned the decree and order passed by the First Additional Sub-Judge, Cuttack, with modifications. The High Court held that "the restrictive order of the lower appellate court directing the plaintiffs to take out processions with a 'low sound music except drumbeating', is not justified" and directed the dele- tion of this portion from the order of the lower appellate court. In order to appreciate the points raised before us it is neces- sary to give a few facts and the findings of the court below. The plaintiffs, respondents before us and hereinafter referred to as the plaintiffs, brought this suit against the defendants, appellants before us and hereinafter referred to as the defendants, praying for a declaration that the Hindu villagers of the two villages had the right to take out religious and non-religious processions with appropriate music along the District Board and village roads and other public highways of the locality including those by the side of the defendants' mosques without any interruption wherever the plaintiffs' community chose to take out without restriction and that the defendants, viz., the Mohamedan villagers of villages Alkund and Nuagaon, be permanently restrained from interfering \vith the plaintiffs' lawful procession as aforesaid in any manner. The case of the plaintiffs, in brief, was that the villages N ua- gaon and Alkund were contiguous villages and they had a com- mon social, cultural and religious life, and they were entitled to take out religious and non-religious processions with appropriate music. It was alleged that the Muslim villagers of the locality had two mosques,
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