- (1.) (For himself and on behalf of G. P. Mathur, J.) This is second round of litigation. In the first round of litigation question raised before this Court was whether performance of Tandava dance in public is an essential practice of Ananda Margi order or not. This Court in Acharya Jagdishwarananda Avadhuta and others v. The Commissioner of Police, Calcutta and another, (1983) 4 SCC 522, (First Ananda Margi case), held that Tandava dance in public is not an essential rite of Ananda Margi faith. Subsequent to the first case, it appears that Ananda Murti Ji - founder of that order prescribed to perform Tandava dance in public as an essential religious practice in Carya Carya, a book containing the relevant doctrines. Based on this, Ananda Margis sought permission of the Commissioner of Police to perform Tandava dance in public. The Commissioner accorded permission to take out Tandava dance without knife, live snake, trident or skull. This was challenged by the respondents herein before this Court by filing Writ Petition (Civil) Nos. 1317-18 of 1987. This Court with the following observation disposed it of : "We are of the view that these cases should appropriately be examined by the High Court keeping in view that has been said by this Court in the judgment in Acharya Jagdishwarananda Avadhuta and others v. The Commissioner of Police, Calcutta and another reported in (1984) 1 SCR 447. Petitioners are at liberty to go before High Court."
(2.) Firstly a single Judge and subsequently a Division Bench of the Calcutta High Court arrived at the conclusion that taking out Tandava dance in public carrying skull, trident etc is an essential part of Ananda Margi faith and Commissioner of Police could not impose conditions to it. This decision is now under challenge.
(3.) When this matter came up for consideration before this Court, a Bench of two learned Judges made an order on 13-11-1992 as follows :- "After hearing the parties for sometime and having considered the decision of the three learned Judges of this Court in Acharya Jagdishwarananda Avadhuta etc. v. Commissioner of Police, Calcutta and another (1984 (1) SCR 447). We are of the view that this is a matter which requires consideration by a Constitution Bench of this Court. Hence, we request the learned Chief Justice to constitute the Bench as early as possible for hearing of the matter".;