COMMISSIONER OF POLICE V. ACHARYA JAGADISHWARANANDA AVADHUTA
(2004) 12 SCC 770
FACTS
Ananda Murtiji - the founder of that order prescribed the performance of Tandava dance in public as an essential religious practice in Carya Carya, a book containing the relevant doctrines. Based on this, Ananda Margis sought permission of the Commissioner of Police, Calcutta to perform Tandava dance in public. The Commissioner accorded permission to take out Tandava dance without knife, live snake, trident or skull.This was challenged by the respondents before the Supreme Court by filing Writ Petitions.
ISSUE
The issue pertaining to the current case reflected whether the performance of Tandava dance in public is an essential practice of the Ananda Margi order or not.
JUDGEMENT AND ANALYSIS
- This court observed that Anand Margis is a religious denomination though not a separate religion as they are a collection of individuals who have a system of beliefs with regard to their conducive spiritual well- being, a common organisation or a definitive name. Furthermore, it was held that the performance of tandava dance by Anand Margis, in procession or in public places is not an essential religious right to be performed by every Anand Margis.
DISSENTING OPINION
- It was held that 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 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.
- It was also observed that 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 of India.