VASUDEV GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition under Article 226 of the Constitution of India has been preferred by a devotee of Goddess Durga asserting his right to carry on religious procession for immersion of 'Akhand Jyoti Kalash' in river 'Kalyani' of district Barabanki of the State of U.P. Question, involved is of public importance as to whether the State or its authorities may stop a religious procession or religious ceremony affecting the citizens right, protected by Articles 25 and 26 of the Constitution of India?

(2.) In village Rampur Katra within the premises of police station Safdarganj, district Barabanki, there is a temple named Man Durga Mandir where the deity, i.e. Goddess Durga is being worshiped since time immemorial. Nine day worship of nine incarnations of Durga is done in Navaratri, namely Shardiya and Vasantik. After Navaratn, 'Akhand Jyoti Kalash' procession is carried out by the villagers to immerse the Jyoti Kalash in river Kalyani. Earlier in the year 2003, when the Jyoti Kalash procession was stopped by the district administration, the petitioner had filed a writ petition No. 5149(M/B) of 2009 whereby a Division Bench of this Court has passed an interim order dated 10.10.2003 permitting to carry out the procession and directing the District Magistrate, barabanki to make proper arrangement for immersion of Jyoti Kalash peacefully.

(3.) It appears that when the order was not complied with in letter and spirit, an Advocate Commissioner was appointed. In pursuance to the order passed by this Court, the Advocate Commissioner Shri Anupam Mehrotra, a distinguished advocate of this Court had gone to make spot inspection and submitted his report, a copy of which has been filed as Annexure No. 3 to the writ petition.