- (1.) This instant writ application has been moved on behalf of Bamnabad Sarvajanik Durgapuja Committee situated in Rani Nagar Police Station in the District of Murshidabad against a prohibitory order under S.144 Cr.P.C. passed by the Sub-Divisional Magistrate, Lalbagh District Murshidabad at the instance of the Officer-in-Charge of Rani Nagar Police Station, by which the petitioners and others were prevented from taking out of immersion procession of Goddess Durga and passing in front of two mosques in the village Bamnabad of that Police Station playing with music or musical instruments. As a result of the aforesaid prohibitory order, petitioners alleged that they were prevented from taking out immersion procession on the Bijaya-dashami Day i.e. on 4th Oct. 1984 or soon thereafter with the playing of drums and other traditional musics which are used in such religious ceremony. It is stated that the said image of Goddess Durga is still lying in the village pandal and had not been immersed as yet.
(2.) It was contended by Mr. Dutta Majumdar that right to freedom of religion is a fundamental right guaranteed under Art.25 of the Constitution and that the police or the Sub-Divisional Magistrate by executive order cannot abridge or interfere with such fundamental rights. Art.25 of the Constitution provides that subject to public order, morality and health and to the other provisions of Chap. III of the Constitution all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. Arts.25 and 26 of the Constitution guarantee the right to practice and propagate not only matters of faith or belief but also all the rituals and observances which are regarded as integral parts of religion by the followers of a particular religion or sect thereof. The preamble of the Constitution also mentions the liberty of worship to all the people of India.
(3.) The freedom of free profession, practice and propagation of religion as guaranteed under Art.25 of the Constitution is only subject to the interest of public order so that it would not authorise the outrage of the religious feelings of another class with a deliberate intent.;