- (1.) THIS is a petition by 26 persons under Article 226 of the Constitution for a writ in the nature of 'habeas corpus'. The petitioners also founded their application under Sections 491 and 561a, criminal P. C.
(2.) ON 16th March 1954, we pronounced the operative portion of our judgment directing release of the petitioners for we were of the opinion that the petitioners' detention in jail was illegal.
(3.) THE petitioners before us belong to what is known as the Savarna Sanatan Dharmis of the hindu fold and they are the residents of Banaras and are believers in the strict and the orthodox tenets of the Sanatan Dharma. There is, as is well known, an ancient and a very holy temple of the deity of Sri Vishwanath at Eanaras. This temple undoubtedly is ancient and the deity en-shrined therein is held in the highest esteem by the Hindus and it attracts pilgrims from far and wide. The worship in the temple is carried on according to strict Shastric precepts and it is the belief of the Hindu community that the image which is enshrined in this temple is a self-revealed image of Lord Shiva. Entry to this temple was confined to Savarna Sanatan dharmis only, that is to say, the caste Hindus alone had the privilage of entering this temple and worshipping therein. The Avarna Sanatan Dharmis, who are now called Harijans, had under a long established custom, no right to enter this temple, but they could have Darshan of the holy image through an aperture which be approached by an outer passage adjacent to and separate from the main sanctuary.;