A writ petition under article 32 was filed before the supreme court seeking issuance of direction to the Commissioner of Police Calcutta and the State of West Bengal to allow processions by, the followers of the Ananda Marga cult, to be carried in the public streets and meetings to be held in public places accompanied by the performance of Tandava dance within the State of West Bengal. The case involved 3 petitions by - General Secretary, Public Relations Department of the Ananda Marga Pracharak Sangh; the Diocese Secretary of West Bengal Region and an orfinary follower of Ananda Marga.
Shri Pravat Ranjan Sarkar otherwise known as Shri Ananda Murti, founded a socio-spiritual organisation claimed to have been dedicated to the service of humanity in different spheres of life such as physical mental and spiritual irrespective of caste, creed or colour, in the year 1955. The Headquarters of this organisation was located in a place within the City of Calcutta in West Bengal. Ananda Marga teaches the yogic and spiritual science to every aspirant. In this case it was pleaded that Ananda Marga shows the way and explains the methods for spiritual advancement and this helps man to practice his dharma. It is customary for every Ananda Margi after being duly initiated to describe Ananda Murtiji as his father. One of the prescriptions of religious rites to be daily performed by an Ananda Margi is Tandava Dance and this is claimed to have been so introduced from the year 1966 by the preceptor. This dance is to be performed with a skull, a small, symbolic knife and a Trishul. It is also customary to hold a lathi and a damroo. The knife or the sword, according to Anand Margi’s symbolises the force which cuts through the fetters of the mundane world and allows human beings to transcend towards perfection; the trishul or the trident symbolises the fight against static forces in the three different spheres of human existence - spiritual, mental and physical; the lathi which is said to be a straight stick stands out as the symbol of straightforwardness or simplicity; the damroo is the symbol to bring out rhythmic harmony between eternal universal music and the entitative sound; and the skull is the symbol of death reminding every man that life is short and therefore, every moment of life should be utilised in the service of mankind and salvation should be sought. At intervals processions are intended to be taken out in public places accompanied by the Tandava dance as a religious practice.
The Commissioner of Police [respondent 1] made repetitive orders Under Section 144 of the CrPC, 1973 from August 1979 directing that "no member of a procession or assembly of five or more persons should carry any fire arms, explosives, swords, spears, knives, tridents, lathis or any article which may be used as weapon of offence or any article likely to cause annoyance to the public for example skulls...."
On March 29, 1982, respondent 1 made a fresh order Under Section 144 of the Code wherein the same restraints as mentioned in the earlier order were imposed. An application for permission to take out a procession on the public street accompanied with Tandava dance was rejected and that led to the filing of this petition before the supreme court..
It was contended on behalf of the respondents that militancy continues to be the main feature of the organisation. And that Prior to promulgation of the prohibitory orders, Ananda Margis took out processions carrying lethal weapons like tridents lathis as well as human skulls and knives from time to time and caused much annoyance to the public in general and onlookers in particular, and this tended to disturb public peace, tranquillity and public order. It was also pointed out by the respondents that in spite of the prohibitory orders in force from August 10, 1979, a procession was taken out on the following day within the city of Calcutta by Ananda Margis with lathis, tridents, knives, skulls, and the procession became violent. The assembly was declared unlawful and the police force was obliged to intervene. The police personnel on duty including a Deputy Commissioner of Police received injuries. Reference to several other incidents has also been made in the counter-affidavit of the Police Commissioner.
Shri Pravat Ranjan Sarkar otherwise known as Shri Ananda Murti, founded a socio-spiritual organisation claimed to have been dedicated to the service of humanity in different spheres of life such as physical mental and spiritual irrespective of caste, creed or colour, in the year 1955. The Headquarters of this organisation was located in a place within the City of Calcutta in West Bengal. Ananda Marga teaches the yogic and spiritual science to every aspirant. In this case it was pleaded that Ananda Marga shows the way and explains the methods for spiritual advancement and this helps man to practice his dharma. It is customary for every Ananda Margi after being duly initiated to describe Ananda Murtiji as his father. One of the prescriptions of religious rites to be daily performed by an Ananda Margi is Tandava Dance and this is claimed to have been so introduced from the year 1966 by the preceptor. This dance is to be performed with a skull, a small, symbolic knife and a Trishul. It is also customary to hold a lathi and a damroo. The knife or the sword, according to Anand Margi’s symbolises the force which cuts through the fetters of the mundane world and allows human beings to transcend towards perfection; the trishul or the trident symbolises the fight against static forces in the three different spheres of human existence - spiritual, mental and physical; the lathi which is said to be a straight stick stands out as the symbol of straightforwardness or simplicity; the damroo is the symbol to bring out rhythmic harmony between eternal universal music and the entitative sound; and the skull is the symbol of death reminding every man that life is short and therefore, every moment of life should be utilised in the service of mankind and salvation should be sought. At intervals processions are intended to be taken out in public places accompanied by the Tandava dance as a religious practice.
The Commissioner of Police [respondent 1] made repetitive orders Under Section 144 of the CrPC, 1973 from August 1979 directing that "no member of a procession or assembly of five or more persons should carry any fire arms, explosives, swords, spears, knives, tridents, lathis or any article which may be used as weapon of offence or any article likely to cause annoyance to the public for example skulls...."
On March 29, 1982, respondent 1 made a fresh order Under Section 144 of the Code wherein the same restraints as mentioned in the earlier order were imposed. An application for permission to take out a procession on the public street accompanied with Tandava dance was rejected and that led to the filing of this petition before the supreme court..
It was contended on behalf of the respondents that militancy continues to be the main feature of the organisation. And that Prior to promulgation of the prohibitory orders, Ananda Margis took out processions carrying lethal weapons like tridents lathis as well as human skulls and knives from time to time and caused much annoyance to the public in general and onlookers in particular, and this tended to disturb public peace, tranquillity and public order. It was also pointed out by the respondents that in spite of the prohibitory orders in force from August 10, 1979, a procession was taken out on the following day within the city of Calcutta by Ananda Margis with lathis, tridents, knives, skulls, and the procession became violent. The assembly was declared unlawful and the police force was obliged to intervene. The police personnel on duty including a Deputy Commissioner of Police received injuries. Reference to several other incidents has also been made in the counter-affidavit of the Police Commissioner.
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