DIGBIJAYA MISSAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr D. Mohapatra, learned counsel for the petitioners and Mr J.P. Patnaik, learned Addl. Govt. Advocate for the opp. party-State.

(2.) The petitioners here, in the present proceedings, have questioned the vires of Rules 4 and 5 of the Orissa Freedom of Religion Rules, 1989 (for short, hereinafter referred to as "the Rules") being repugnant to the Constitution of India as well as the Orissa Freedom of Religion Act, 1967 (for short, hereinafter referred to as "the Act").

(3.) The petitioner no.1 professes Christianity and the petitioner no.2 claims to be representing the Orissa Minority Forum. According to them, they practise their religion and propagate their religious belief in exercise of their right as enshrined in Article 25 of the Constitution of India. They have contended that the Rules 4 and 5 of the Rules do impinge upon their said right and also those protected by the Act and are thus ultra vires.