- (1.) M. Katju, J. By means of this peti tion the petitioners have prayed for a direction to the District Magistrate and Superintend it; of Police, Gonda to restrain the respondents 4 to 8 from taking out the Dussehra procession on 2-10-1999 through village Mohammadpur for inmmersion of idols in river Saryu and to restrain them from raising provocative slogans.
(2.) WE have heard Sri Abdul Mannan, learned counsel for the petitioners and the learned Standing Counsel. Although the prayer was for restraining the respondents from taking out the Dussehra procession on 2-10-1998 which date has long expired, Sri Mannan submitted that the Dussehra festival is an annual feature and hence the petition should not be dismissed as infructuous and the matter should be decided on merits. We have agreed to this submission and hence are deciding the matter on met its. The petitioners are Muslims who are residents of village Kauraha Jagdishpur (Mohammadpur) police station Katra Bazar, district Gonda. Their prayer is that the Dussehra procession be not allowed to pass through their village since it is out of the way on the route from Bikanya Sugar Factory to the river Saryu. Their submis sion is that if the procession is taken through their village, it will not be con ducive to harmonious relations between Hindus and Muslims. The submission is that earlier the procession was never car ried out through village Mohammadpur where about 80% population is of Muslims, and only from 1997 the Dussehra procession is being carried out through village Mohammadpur. Their grievance is that provocative statements are made when the procession goes through village Mohammadpur and this disturbs com munal harmony. Their prayer is that the procession should be taken out from another route not passing through their village. Article 25 (1) of the Constitution stales: 'subject 10 public order, morality and health and to the other provisions of this part, all sections arc equally entitled to freedom of con science and the right freely to profess, practice and propagate religion. "
(3.) A perusal of Article 25 (1) shows that subject to public order, morality and health and to the other provisions of this part, all persons arc equally entitled to freedom of conscience and the right freely to profess and practice religion. The above provision shows that freedom of religion in our country is not restricted to profession of a religion but it also includes practice of religion. Dif ferent religions! have different practices and rituals, and the people of all religions have a fundamental right to practice the same provided it does not disturb public order, morality and health, vide Ratjial Panachand Gandhi v. State of Bombay, AIR 1954 SC 38. Thus for instance Mus lims (particularly the Shia sect of the Mus lims) take out Taziya procession on Moharram day and in our opinion this is part of their religious practice. In Imambara of Mulnapurv. State of UP. , 1999 (1) ALR 717, a Division Bench of this Court held that Muslims are fully entitled to take out Taziya procession as this is part of their religious practice. In that decision this Court held: "this is a free, democratic and secular country. Article 25 (1) of the Constitution slates "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. " Article 15 (1) of the Constitution states "the State shall not discriminate against any citizen on ground only of religion, race, caste sex. place of birth of any oft hem. '' "india is a land of tremendous diversity, having a large number of religions, castes, lan guages, ethnic groups, etc. The only with which will keep the country on the road lo progress and maintain the integrity of the nation is the path of secularism and equal respect for all religions. It is the path shown by the great Emperors Ashok and Akbar who gave equal respect to all religions The greatness of our Founding fathers can be realised from the fact mat at a time when our sub- continent was engulfed in the flames of communal madness at the time of partition in 1947, the Founding fathers insisted that India will remain a secular country. This was not an easy thing to do, for it is very difficult to retain cool mind when passions are inflamed. There must have been tremendous pressure on the Founding Fathers to declare India as a Hindu Slate, especially since Pakistan had declared 11-self an Islamic State. The Founding lathers were truly great people, for they resisted these pressures, and provided for a secular State in India under the Constitution. Taziya is a part of Muslim religion and Muslims arc fully entitled to lake out taziya processions. Hence we direct that there should be no obstruction and the authorities will ensure law and order in peacefully taking out of taziya. However, we have repeatedly held that religion is a private affair and must be earned out peacefully without causing harm or harass ment to anybody, and hence Taziya cannot be taken out through the private land of anybody. It can only be taken out peacefully on a public path and in a manner which does not cause inconvenience to anybody. The path of the taziya has been recommended by the S. D. M Handia and the map is Annexure-2 to the writ petition. The petitioner is agreeable to this path suggested by the S. D. M. Hence, we are of the opinion that this Taziya procession can be taken over on the aforesaid path as suggested by the S. D. M. Handia, Allahabad but we direct that no private property or trees should be damaged during the course of laziya procession. The petitioner and the authorities will also maintain law and order. ";