JUDGEMENT
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(1.) HEARD learned Counsel for the petitioner, Sri Amit Negi has appeared for the respondents 1 to 4 and Sri J. Nagar for respondents 5 and 6. The petitioner claims to be a social worker.
(2.) THE prayer in this petition is for a mandamus restraining the respondents 1 to 4 from holding/conducting 'yeshu Darbar' in the premises of Allahabad Agricultural Institute (deemed University ). It is alleged in paragraphs 6 and 8 of the petition that the respondents No. 1 and 2 in connivance with the respondents 5 and 6 are holding 'yeshu Darbar' on the premises of Allahabad Agricultural Institute for religious conversion. It is alleged in paragraph 9 and 10 of the petition that many agents are roaming around the villages and narrate them miraculous stories and persuade them to attend. 'yeshu Darbar' in Agricultural Institute in which a mantra of Chengal is being given and these activities are used for religious conversion. It is alleged that poor persons are being defrauded by giving them a belief that Dr. R. B. Lal. Vice-Chancellor, Allahabad Agricultural Institute (deemed University) is a gifted person from Jesus Christ and all ailments and diseases will be cured by Dr. R. B. Lal by touching their body. In paragraph 15 of the writ petition it is alleged that in the gathering of 'yeshu Darbar' poor and illiterate persons are lured for conversion of religion by fraudulent methods and this may result in untoward incidents endangering the social fabric which may result in communal riots.
India is a free, democratic and secular country. Article 25 (1) of the Constitution states : "subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. "
Thus from a plain reading of Article 25 (1) is evident that the respondents are entitled to hold religious gatherings. Article 19 (1) (b) entitles all citizens to assembly peaceably and without arms. Hence, respondents are certainly entitled to hold 'yeshu Darbar' or any other kind of religious gathering, provided it is done peacefully and without breaking the law. Hindus, Muslims, and other religious communities can also hold gatherings likewise. This is the fundamental right of all citizens in the country, and this Court or the authorities cannot prohibit such gatherings.
(3.) INDIA is not a country belonging to Hindus alone. It belongs to all citizens, Hindu, Muslim, Sikh, Buddhist, Jew etc. Everybody is equal in our country. No one is a second class citizen in our country. INDIA is a secular and not a feudal country like Pakistan in which non-Muslims and even certain sects of Muslims like Shiyas, or Ahmadiyas are regarded as second class citizens and are persecuted.
We make it clear that Article 25 (1) is subject to public order morality and health. Hence the authorities can certainly see to it that the gatherings in 'yeshu Darbar' or elsewhere do not adversely affect public order, morality or health. Citizens of all religions and communities are equal and first rate citizens of our country and we are proud that all religions are treated equally in our country. It is because of the wisdom and far sightedness of our founding father who provided for secularism in our Constitution that India is surviving even now. With so much diversity (so many castes, religions, lingual and ethnic groups etc.) it could not have survived otherwise.;
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