PARMHANS VAJPAYEE Vs. STATE

JUDGEMENT

(1.) This is an application for quashing an appeal and/or directions issued by the Respondents-District Magistrate and Superintendent of Police of Sitamarhi confining the taking of Mahabiri Jhanda to three days in a year in the district namely Deshara, Kartrik Krishna Chaturdashi and Shivratri and if anybody takes out a procession on any other day of the year, they shall not be granted licence and be exposed to prosecution.

(2.) The petitioners, resident of Sitamarhi district, have assailed the said annexure on the plea that even though the order is prefixed by the word appeal, it is, in fact, a threat to the citizens of Sitamarhi not to take Mahabiri Jhanda procession on any day other than three days. It has further been stated that there has been no law which empowers the District Magistrate and Superintendent of Police to negotiate the fundamental rights of an individual with bodies claiming to represent him and to intrude in the religious right of an individual as enshrined under Arts.25 and 26 of the Constitution of India. The only right which can be exercised by the State in this regard is for maintenance of public order, morality and health but in the whole of annexurer-1 there is no reference that such a direction has been issued for the said purpose.

(3.) The State has filed a counter-affidavit stating therein that the district authorities have arrived at the impugned decision after consultation with the various bodies and in the interest of maintenance of public order, descency etc. It has been averred that in Sitamarhi district Mahabiri Jhanda procession was taken 196 days in a year which compelled the authorities to pass the said order because State machinery had to remain busy to control those processions and, therefore, diverting man power and energy of the district in that direction to the detriment of the development work.