LAWS(CAL)-1990-5-20

ACHARYA JAGADISHWARANANDA AVADHUTA Vs. COMMISSIONER OF POLICE CALCUTTA

Decided On May 07, 1990
ACHARYA JAGADISHWARANANDA AVADHUTA Appellant
V/S
COMMISSIONER OF POLICE, CALCUTTA Respondents

JUDGEMENT

(1.) This writ application was moved by the petitioner who is the General Secretary, Public Relations Department of the Ananda Margy Pracharak Sangha and the Ananda Margy Pracharak Sangha, a religious organization propounded by Sri Ananda Murtiji praying for a writ and/or a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law and to cancel, rescind and/or withdraw the impugned order dated 20th May, 1987 and 27th May 1987 which are Annexure 'B' to the petition and also commanding the respondents to allow Tandava Dance in pubic procession of Ananda Margis on the occasion of its principal religious functions and festivals such as (i) Ananda Purnima, (ii) Shravani Purnima, (iii) Vijaya Dashami, (iv) Dipavali, (v) New Years Day, (vi) Phalguni Purnima (Vasantotsava) and (vii) Dharma Maha Chakras and Dharma Maha Sanmelanas.

(2.) By the letter dated 20th May, 1987 the Commissioner of Police informed the petitioner No. 1 that the permission for public procession with Tandava Dance and public meeting on 31st May, 987 could not be acceeded to in terms of the order of the Hon'ble Supreme Court on the subject passed on 20th October, 1983. By the letter dated 27th 1987 the Superintendent of Police, South 4 Parganas informed the petitioner No. 1 that the permission to take out a procession with Tandava Dance on 31st May, 1987 within Kasba and Tiljala Police Station could not be accorded in terms of the order of the Hon'ble Supreme Court of India passed on 20th October, 1983 on the subject. It may be mentioned that the petitioner moved a writ application before the Hon'ble Supreme Court of India in its original jurisdiction being writ petition Nos. 6890 and 7204 of 1982 and 3491 of 1983 and the Supreme Court of India by an order and judgment dated 20th October, 1983 inter alia passed the following order:

(3.) Pursuant to the liberty granted to the Ananda Margins this Writ application have been filed.