Commissioner of Police v. Acharya Jagadishwarananda Avadhuta

FACTS

Ananda Murtiji, the founder of the Ananda Margi 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 from the Commissioner of Police, Calcutta to perform the Tandava dance in public. The Commissioner accorded permission but restricted the carrying of certain items (knife, live snake, trident, or skull). This restriction 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, thereby entitling it to protection under Article 25 and 26.

JUDGEMENT AND ANALYSIS (Majority View)

• Religious Denomination Status: This Hon'ble court observed that Ananda Margis is a religious denomination (a collection of individuals with a system of beliefs conducive to spiritual well-being, a common organisation, and a definitive name), though not a separate religion.

• Essential Practice Test: The majority held that the performance of Tandava dance by Ananda Margis, in procession or in public places, is not an essential religious right to be performed by every Ananda Margi.

• Reasoning: The Court applied the 'essential religious practices' test and found that the carrying of certain paraphernalia in public processions was not integral or essential to the foundational tenets of the Ananda Margi faith. Any religious activity that encroaches upon or interferes with the Fundamental Rights of other citizens is also subject to the State's power to regulate public order.

DISSENTING OPINION

• It was held that Ananda Margis have a 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.

• The dissenting opinion noted that an Ananda Margi is entitled to transmit or spread religion by taking out a procession in public places and also carry the mentioned items.

• 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.

{pg 1303, 1309 Indian Constitutional Law, MP Jain, 8th ed}