CITATION (2004) 12 scc 770
DATE OF JUDGEMENT 11/03/2004
APPELLANT THE COMMISSIONER OF POLICE
RESPONDENT ACHARYA JAGDISHWARANAND AVADHUTA BENCH Dr. AR. Lakshmanam
INTRODUCTION
Acharya Jagadishwaranand avadhuta vs Commissioner of Police, Calcutta 2004 is a remarkable case. The case appeal arises from the Division Bench of the Calcutta High Court’s decision and order dated 08.11.1990. The central issue in this case is whether the Ananda Marga group’s street-performed Tandava dance constitutes an important religious practice under Article 25 of the Indian Constitution. In this case, the appellant is Acharya Jagadishwaranand Avadhuta and the respondent is the commissioner of police, Calcutta.
FACTS OF THE CASE
The petitioner is a member of the Ananda Marga sect. They carry blades and skulls as they conduct the tandava dance on the streets. The police department issued directives by section 144 of the CRPC, declaring it against public morals. The petitioners first came to the high court under Article 226 to order the respondents to stop interfering with their tandava dance performance. However, the petition was denied, therefore the members of the Ananda Marga Group filed a complaint in the Supreme Court under Article 32 of the Constitution alleging that the police department had infringed their rights under Articles 25 and 26.
ISSUE RAISED
Whether Ananda Marga form a religious denomination under Article 26 of the Indian Constitution?
Whether performance of the Tandava dance in the streets an essential religious practice under Article 25 of the constitution?
CONTENTIONS OF APPELLANT
• According to Article 26 of the constitution, the Ananda Marga organization is a distinct religious sect, and as such the state government is prohibited from interfering in their internal affairs.
• According to Article 25 of the constitution, tandava dance is a fundamental religious practice for ananda margas, and as such, they are fully entitled to do it both in public and privately.
CONTENTIONS OF RESPONDENT
– There are several obstacles for the general public when dancing is performed on the streets.
– Additionally, transporting dangerous items will cause public unrest, as will carrying terrifying artifacts like skulls.
JUDGEMENT
Upon hearing the parties to the case the Court held that the Ananda Marga group is a part of the Hindu religion and does not form a separate religious denomination under Article 26 as the writings of the founder of the Ananda Marga group have the essence of Hindu religion. Further, they belong to the Shaivaite group of Hindu religion which gives us a clear conclusion that it is a definite part of that religion. The Court further clarified that the performance of the Tandava dance in public i.e. in streets is not mandatory. However, they may dance in private. Also, the orders issued by the Police department under section 144 of CrPC were only against carrying weapons during the dance.
CONCLUSION
The court in this instance has uniformly supported this public policy. preventing the Ananda Margis from participating in a Tandava dance parade that may violate social peace. Additionally, the court established controls on the executive branch so that they could not abuse the beautiful Constitution’s generous power provisions.
REFERENCE 1.https://www.casemine.com/judgement/in/5609ae0de4b0149711412d03
2.https://www.lawinsider.in/judgment/acharya-jagdishwaranand-avadhuta-vs- commissioner-of-police-calcutta
This Article is written by N. Shishwa, a student of the University of Law, Osmania University; Intern at Legal Vidhya.
