BILIGIRI NAIKA Vs. SIDDA SETTY AND

JUDGEMENT

(1.) This petition arises from a final order under Section 144, Criminal P. C., passed by the Special First Class Magistrate, Nanjangud prohibiting absolutely the celebration of 'Konda' (Fire-treading) festival connected with the annual observance of a feast to propitiate the Deity, known as Mari or Patialadamma of Tagadur village. On the report of the police that party feelings and high tension between the Parivar and Ganigar communities did exist in respect of the celebration of the said festival and that there might be a likelihood of breach of public peace and tranquillity if the celebration is permitted, the learned Magistrate issued an order ex parte on 15-2-1951 prohibiting the junction for a period of two months from that date.

(2.) The petitioners-first party belonging to the Parivar community applied under Section 144(5), Criminal P. C., to the Magistrate to rescind the ex parte order. The respondents representing the Ganigar community filed objections. No evidence was recorded. The learned Magistrate, however, heard arguments and made the pre-huminary order absolute on 22-3-1951. This petition is filed for revising the final order.

(3.) The case for the petitioners is that the 'Konda' function is religious in nature and connected with the annual celebration of the feast to propitiate the Deity known as Mari or Paltaladamnia, that it is their fundamental right to follow their own religious observances without any impediment, that the Parivar community people have been celebrating the said feast year after year for the last many years and that they have absolutely no objection to persons belonging to other communities taking part in the feast if they so desire. They have produced the licenses in original granted by the authorities for celebration during the years 1922, 1923, 1931, 1932, 1933 and 1950. The respondents pleaded that the 'Konda' function is not a part of the religious ceremony. They characterised the function as only a Harvest pastime or sport or amusement and that it was being performed on a co-operative basis by all the communities. They do not, however, deny the right of the Parivars but state that the function being a relic of the village community sport and the Parivar community having refused to co-operate with the bulk of the villagers as usual, there is no other alternative than to have as many 'Kondas' as there are communities and, at any rate, another 'Konda' function by them jointly by Ganigars and Uppaligars.