SATYABADI SWAIN Vs. OFFICER-IN-CHARGE

JUDGEMENT

(1.) THE point involved in this writ petition is whether in the circumstances hereinafter stated - under Section 30 of the Police Act, 1861 (Act 5 of 1861) read with Rules 23 and 54 (d) of the Orissa Police Manual - restrictive conditions can be laid in a procession license forbidding the movement of a procession to certain areas in a town, that is, to the extent of prohibiting the procession from moving beyond a particular spot in the town in view of the apprehension of the Magistrate of a serious breach of the peace resulting in rioting and bloodshed, as reported to him by the Police.

(2.) IN Cuttack town, there is a road called Mahtab Road between Taldanda Canal in the east and Dolmundi Chak on the west. There is an ESSO Petrol pump on the Mahatab Road stated to be about 600 yards from Dolmundi Chak. The petitioner represents the residents of Sankarpur village on the eastern side nearer the Taldanda Canal. They are being opposed by the residents of Haripur village near Dolmundi Chak on the west. There are also interveners - representing the residents of the area between ESSO pump and Haripur village also opposing the petitioner's application.

(3.) IN 1966, a license is stated to have been given to the petitioners, for a procession to come, enter the Mahtab Road, go up to the Dolmundi Chak and then return to Taldanda Canal area - all as directed in the said license. It is said that there was obstruction from the people of Haripur village and the procession had to return leaving the Deity at ESSO petrol pump station. Thereafter, the petitioners applied to the Magistrate and ultimately on the intervention of the local authorities, the Deity was under sufficient Police protection brought to the Taldanda Canal for the immersion ceremony. The matter rested there in 1966.