1983 (10) TMI 285 - SC - Indian Laws

Summary

Issues Involved:
1. Whether Ananda Marga is a separate religion or a religious denomination within Hinduism.
2. Whether Tandava dance is an essential religious rite of Ananda Margis.
3. Validity and propriety of repetitive orders u/s 144 of the Code of Criminal Procedure, 1973.

Summary:

1. Ananda Marga as a Separate Religion or Religious Denomination:
The Court held that Ananda Marga is not a separate religion but a religious denomination within the Shaivite order of Hinduism. The petitioner's claim that Ananda Marga is a new religious order was rejected based on the pleadings which stated that "Ananda Marga is more a denomination than an institutionalised religion" and that "Ananda Margis are Shaivites." The Court referenced the principle from *Sastri Yagnapurushadji v. Muldas Bhudardas Vaishya* and concluded that Ananda Marga adheres to the fundamental notions of Hindu religion and philosophy.

2. Tandava Dance as an Essential Religious Rite:
The Court examined whether Tandava dance is an essential religious rite of Ananda Margis. It was noted that Tandava dance was introduced as a religious rite in 1966, well after the establishment of Ananda Marga in 1955. The Court found no justification in the writings of Shri Ananda Murti or other literature of the Ananda Marga denomination that Tandava dance must be performed in public. Therefore, the performance of Tandava dance in public processions was not considered an essential religious rite, and the claim for protection under Articles 25 and 26 of the Constitution was rejected.

3. Validity and Propriety of Repetitive Orders u/s 144 of the Code of Criminal Procedure, 1973:
The Court addressed the issue of repetitive prohibitory orders u/s 144 of the Code. It was noted that orders under this section are intended for immediate prevention of breach of peace or speedy remedy and are valid for two months unless extended by the State Government for a further period not exceeding six months. The Court emphasized that the scheme of the section does not contemplate repetitive orders and that such actions amount to an abuse of power. The Court referenced several High Court decisions and reaffirmed that the provision is intended to meet emergent situations and not to be semi-permanent in character. The impugned order of March 1982, although already ineffective by efflux of time, was not quashed on these grounds.

Conclusion:
The writ petitions were dismissed on the finding that performance of Tandava dance in public streets or gatherings is not an essential religious rite of Ananda Margis. The Court also highlighted that the impugned order did not ban processions or gatherings but only prohibited carrying specific items like daggers, trishuls, and skulls. There was no order as to costs.