- (1.) SANATANIST Hindus Celebrate Bawan Dwadshi Mela at Ambala in the area of Anai Mandi every vear in the month of August or September. In the Punjab Gazeteer. Volume VII. Part A 1923-24 (1925 Edition), the mention is made of this Mela in the following words: It is held in the month of Bhadon. The images of the gods of the Hindu Pantheology from all the mandirs in Ambala are brought out in procession to the Grain Market and from there carried in procession to Naurane Rai's tank opposite the Civil Hospital buildings. The celebration is conducted with much pomp and ceremony. The same description is given of the Bawan Dwadshi Mela at case 45 of the Ambala District. Gazetteer 1923-24 (1925 Edition ). On the same page of the Gazetteer the following description is given of Pir Lakhi Shah or the Pankha fair: The pankha fair is held in the month of 'raiab'. i. e. . two months before the Id, The fair is held in honour of Pir Lakhi Shah, whose tomb stands in the Grain Market at Ambala. Fans tastefully decorated are offered and hence the name of -the fair. The saint is said to have flourished in the time of Qutabud-Din Aibak. Sultan of Delhi. Some think that Lakhi Shah is no other than Qutab-Ud^din Aibak himself. The fair is attended mostlv toy local people. It has recently gained importance among local Muhammadans probably to keep pace with the Hindus who are yearly adding to the zeal with which they celebrate the Bawan Dwadshi fair. Before the. partition of the country, the the Muslims as a communitv outnumbered the Hindus in the district of Ambala and the Hindus and the Sikhs ioined hands for celebrating the fastival of Bawan Dwadshi mainly with a view to withstand the pressure from the Muslims who. on various occasions, tried to indulee in acts of violence in order to disrupt the celebrations. After the partition of the country, the Muslims migrated to Pakistan and a Sikh Gurdwara was set up at the place where the tom'b of Pir Lakhi Shah existed.
(2.) IT has been stated in the writ petition that the organisation, to which the appellants belong, felt concerned about the manner in which many of the persons participating in the celebrations at the time of Bawan Dwadshi fair conducted themselves. . There were unruly scenes and the people indulged in acts of violence and there were many a time drunken bouts. The aopellants' organisation, under the circumstances, endeavoured to utilise 'the occasion of the fair to hold dewan in the area outside the Gurdwara tq propagate the aspects of spiritual and social reforms to bring about the desired effect of reforming the people who gathered there. Since 1956, religious and cultural dewans outside the Gurdwara were organised without anv untoward incident. In 1959. however, the appellants' organisation was refused the licence to hold such dewans and that refusal was repeated every vear when an application for a licence was made. The appellants felt aggrieved bv continuous refusal of the respondents to grant them the necessary licence to hold the dewan and in order to establish their right to * hold the dewan without any licence, they filed C. W. 3254 of 1971 which was dismissed bv the learned Single Judge on May 7. 1973. Thisi a. opeal under Clause 10 of the Letters Patent has been filed against that judgment.
(3.) THE licence to hold the dewan at the place was required under Section 30 of the Police Act. 1861' (hereinafter referred to as the Act ). The appellants were also refused permission to use loudspeaker under the Punjab Instruments (Control of Noises) Act. 1956. Section 30 of the Act is in the following words: 30. Regulation of public assemblies and processions and licensing of same. The District Superintendent or Assistant District Superintendent of Police mav, as occasion requires, direct the conduct of all assemblies and processions on the public roads or in the public streets or thoroughfares, and prescribe the routes by which and the time, at which, such processions mav pass. (2) He mav also, on beinf satisfied ' that it is intended by anv person or class of persons to convene or collect an, assembly in anv such road, street or thoroughfare, or to form a procession which would, in the judgment of the Magistrate of the district, or of the subdivision of a district, if uncontrolled, be likelv to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall applv for a licence. (3) On such application beins made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section: Provided that no fee shall be charged on the application for. or grant of. anv such licence, (4) He mav also regulate the extent to which music mav be used in the streets on the occasion of festivals and ceremonies. From this section it is clear that the licence to. hold an assembly is required only if such an assembly is to be held on the public road or in the public street or thoroughfare. If the place at which the assembly is intended to be held is neither a road nor a public street nor a thoroughfare. Section 30 of the Act will not apply and there will be no necessity of obtaining the licence from the District Magistrate. The case of the appellant is that ' the place where the Dewan is proposed to be held is neither a road nor a public street nor a thoroughfare but is a public place where the people have the right to assemble. The case of the respondents, on the other hand, is that that place is a thoroughfare and, therefore, a licence is necessary to be obtained before holding the dewan under Section 30 of the Act-In view of the conflicting assertions with regard to the nature of the place, the learned Single Judge observed that this disputed question of fact would be better decided by a Civil Court after taking evidence. It was conceded before the learned Judge bv the respondents that Section 30 of the Act would only applv if the place is held to be a road, or a ;public street or a thoroughfare. Apart from the pleadings of the parties, there is no other material on the record to come tq a definite finding whether the place is or is not a thoroughfare. The respondents do not claim it to be either a road or a public street, their plea is that this place is a thoroughfare. The appellants along with their writ petition annexed a plan of the site which shows that Anai Mandi is a circular area divided into four sectors. 'the sector where the Gurdwara has been established contains many shops and the vacant space is much less than in the opposite sector where the Bawan Dwadshi fair is held. It is the admitted case of the parties that the sector wherein "the Bawan Dwadshi fair is held is generally used1 for holding public meetings and there is a flag-ipost flying Congress flag. It is also admitted that political meetings have been held at this place many a time. ard still continue to be held. There is no dispute, therefore, that the place where the Bawan Dwadshi fair is held is a public place whereas the same cannot be said, by looking at the plan, about the place where the Gurdwara now exists. We, therefore, agree with the learned Judge that this matter should be decided in a regular suit after taking full evidence particularly because the decision will be of a farreachina importance and will determine whether anv licence haa to be obtained for holding anv assemblv at that place in future or not. The uncertainly about this matter will thus be eliminated for ever. ;