M.H.S. Ansari, J. - (1.) The petitioner had earlier filed a writ application being W.P. No. 14321(W) of 1999 alleging that a total prohibition has been imposed restricting taking out religious procession including immersion ceremony of the Durga deity through the Zilla Parishad Road. The said writ petition was disposed of by this Court by an order dated 13.10.1999 with observations and directions as under: "Having heard the learned Counsel for the parties, we are of the view that the S.D.O. and S.D.P.O (sic), Midnapore, shall consider the grievance of the petitioner to the effect that allegedly a total prohibition has been imposed restricting taking out religious procession including immersion ceremony of the deity through the Zilla Parishad Road as stated in details in paragraph 4 of the writ application. The S.D.O. and S.D.P.O. Contain, shall keeping in view the decision of the Supreme Court of India in the case of Golam Abbas v. State of U.P reported in AIR /981 SC 2198 and P.K. Roy v. O.C. Raninaoar P.S. reported in 89 CIYN 529 consider the question upon taking into consideration the right of the petitioner under Articles 25 and 26 of the Constitution of India subject to any restriction that may be found necessary to be imposed and if there exists any apprehension of breach of peace, such factor shall also be taken into consideration."
(2.) Pursuant to the aforesaid directions of this Court, the respondent authorities i.e. Sub-Divisional Police Officer, Contai, Midnapore discussed the matter and after hearing the parties present passed an order, relevant portion of which reads as under: "Amra Kajan club is celebrating the Durga Puja since 1995 at Fulbani. They applied for permission for immersion of the idol at "Rani Pukur". From the place of worship of the Goddess Durga there are two road ways one leading to 'Rani Pukur" directly where the immersion of Goddess Durga has been scheduled by the eastern side and is via Chalti. Saraswatipur, Basantia, Rasmandir, Chowdhuribar. Chak Gobindaberia, which is running through the villages where the percentage of Hindu population is large and place of worship for different God and Goddess are by the side of that route. The 2nd road is also connecting place of worship with "Ranipukur" directly and is running from Fulbani via Adaberia, Durgapur Tritiya Khanda, Mukundapur, Paschim Muhammadpur, Choudhuribar. Chakgobindaberia. By the side of 2nd route one market, four'Mosques, two Idgahs, two Immambaras and two Madrashas are there. Part of the road is running through Muslim Mahallas and Basti areas which are densely populated. Length and condition of both the roads are more or less same. Both the roads are maintained by Zilla Parishad/Panchayat Samity. Sub-Divisional Police Officer has visited both the roadways and found more or less similar in nature. The writ petitioner has been allowed the immersion procession at Ranipukur and nothing done against the provision of Article 25 and 26 of the Constitution of India and restriction imposed on the area of the road, keeping the destination (to Ranipukur) same. Such restriction was imposed which are found necessary in order to maintain peace and communal harmony. Moreover in past some incident happened, made by some miscreants which could have aggravated the law and order situation but that has been stopped forthwith by the administrator. For this reasons the route as prayed by the petitioner in the said w.p. had not been allowed from the law and order point of view."
(3.) Thereafter on the prayer of the petitioner, permission was granted to hold immersion procession from Fulbari to Basantia, Ranipukur via Chalti, Saraswatipur, Rashi Mancha, Chak Gobindaberia etc. by an order dated 20.10.1999. It appears that pursuant to the said order immersion ceremony was held.;