BEDI GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SANATANIST Hindus Celebrate Bawan Dwadshi Mela at Ambala in the area of Anai Mandi every vear in the month of August or September. In the Punjab Gazeteer. Volume VII. Part A 1923-24 (1925 Edition), the mention is made of this Mela in the following words: It is held in the month of Bhadon. The images of the gods of the Hindu Pantheology from all the mandirs in Ambala are brought out in procession to the Grain Market and from there carried in procession to Naurane Rai's tank opposite the Civil Hospital buildings. The celebration is conducted with much pomp and ceremony. The same description is given of the Bawan Dwadshi Mela at case 45 of the Ambala District. Gazetteer 1923-24 (1925 Edition ). On the same page of the Gazetteer the following description is given of Pir Lakhi Shah or the Pankha fair: The pankha fair is held in the month of 'raiab'. i. e. . two months before the Id, The fair is held in honour of Pir Lakhi Shah, whose tomb stands in the Grain Market at Ambala. Fans tastefully decorated are offered and hence the name of -the fair. The saint is said to have flourished in the time of Qutabud-Din Aibak. Sultan of Delhi. Some think that Lakhi Shah is no other than Qutab-Ud^din Aibak himself. The fair is attended mostlv toy local people. It has recently gained importance among local Muhammadans probably to keep pace with the Hindus who are yearly adding to the zeal with which they celebrate the Bawan Dwadshi fair. Before the. partition of the country, the the Muslims as a communitv outnumbered the Hindus in the district of Ambala and the Hindus and the Sikhs ioined hands for celebrating the fastival of Bawan Dwadshi mainly with a view to withstand the pressure from the Muslims who. on various occasions, tried to indulee in acts of violence in order to disrupt the celebrations. After the partition of the country, the Muslims migrated to Pakistan and a Sikh Gurdwara was set up at the place where the tom'b of Pir Lakhi Shah existed.

(2.) IT has been stated in the writ petition that the organisation, to which the appellants belong, felt concerned about the manner in which many of the persons participating in the celebrations at the time of Bawan Dwadshi fair conducted themselves. . There were unruly scenes and the people indulged in acts of violence and there were many a time drunken bouts. The aopellants' organisation, under the circumstances, endeavoured to utilise 'the occasion of the fair to hold dewan in the area outside the Gurdwara tq propagate the aspects of spiritual and social reforms to bring about the desired effect of reforming the people who gathered there. Since 1956, religious and cultural dewans outside the Gurdwara were organised without anv untoward incident. In 1959. however, the appellants' organisation was refused the licence to hold such dewans and that refusal was repeated every vear when an application for a licence was made. The appellants felt aggrieved bv continuous refusal of the respondents to grant them the necessary licence to hold the dewan and in order to establish their right to * hold the dewan without any licence, they filed C. W. 3254 of 1971 which was dismissed bv the learned Single Judge on May 7. 1973. Thisi a. opeal under Clause 10 of the Letters Patent has been filed against that judgment.

(3.) THE licence to hold the dewan at the place was required under Section 30 of the Police Act. 1861' (hereinafter referred to as the Act ). The appellants were also refused permission to use loudspeaker under the Punjab Instruments (Control of Noises) Act. 1956. Section 30 of the Act is in the following words: