KAMBHAM KAVERI RANGIAH CHETTY Vs. KHAJI SYED HASSUMIAH

JUDGEMENT

(1.) This appeal arises out of a dispute between the Muhammadans and the Hindus of Muddanur in the Cuddappah District, the Hindus being the plaintiffs who sued fora declaration of their right to carry in procession their idols with the usual accompaniments through the public streets of the village attended with music and also their right to go in procession on occasions of marriage, etc., with music. The suit was one of the usual type that comes to Courts now and then when the two rival communities claim protection from each other and cannot bring themselves to respect each other's feelings. The law is fairly well-settled as regards the rights of the different communities in this matter and the rights which the law will recognise and declare have been clearly laid down from Muthialu Chetti V/s. Bapun Saib (1880) I.L.R. 2 Mad. 140 onwards. It is enough to refer to the decision of the Judicial Committee in Manzur Hasan V/s. Muhammad Zaman (1924) 45 M.L.J. 23 : L.R. 52 I.A. 61 : I.L.R. 47 All. 151 (P.C.) and the discussion of the general principles contained in a later Allahabad case Muhammad Jalil Khan V/s. Ram Nath Katua (1930) I.L.R. 53 All. 484. Generally speaking, the law laid down by this High Court was accepted by the Privy Council as correct.

(2.) There is really no dispute about the facts in this case and the rights of the parties are equally not in dispute, for the law is well-settled. Any community can use a public street for processions attended with music provided that they do not thereby cause a disturbance to any other community when assembled for prayer or worship. In this connection, reference may be made to Secs.296 and 298 of the Indian Penal Code. The decree given by the Court below, that is, the District Judge of Cuddappah is to the following effect: (1) That the plaintiffs are entitled to carry in procession the idols of their Gods and sudibandies and panyaram, carts, etc., through all the public streets of Muddanur, attended with music of all kinds on all lawful and customary occasions of feasts or festivals, whether synchronising with the Mohurram or not, and are entitled also to go in procession on occasions of marriage and other events in the public streets attended with music of all kinds, except during the hours of public congregational worship in the mosque according to the Islamic religion, and subject to any lawful orders or directions by the Magistrates or the police for preventing breaches of the public peace or obstructions of the thoroughfares or for other matters mentioned in Section 144 of the Criminal Procedure Code or under other statutory provisions for regulation of traffic; (2) That the defendants and other Muhammadans of Muddanur are hereby restrained by means of a permanent injunction from objecting and obstructing or otherwise interfering with the exercise of the abovesaid rights by the plaintiffs and other Hindus of Muddanur.

(3.) The appellants who are the Hindu plaintiffs object to the inclusion of the words in the decree, namely, Except during the hours of public congregational worship in the mosque according to the Islamic religion.