POOJA SAMITI AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) We had already passed an order in. this case on 24th January, 1985, giving necessary directions in the matter of taking of the immersion procession of the idol Saraswati, reserving our reasoned judgment. Now I give the reasons and the judgment for the said order. The important question of law falling for consideration in this case is as to whether on the facts and in the circumstances of the present case, the petitioners can be refused permission to take the immersion procession of idol Saraswati through the highway, which was being allowed since a long time without any objection or obstruction on the objection of some of the Muslim residents of an intervening village.

(2.) The four petitioners of village Fulwaria under Dhaka Police Station in the district of East Champaran, have filed this application for a writ of mandamus directing the respondents, namely, the executive and police authorities, to grant a licence for the passing of the Saraswati Pooja Immersion procession through the road passing via village Mahuawa, shown in red colour in the sketch map (Annexure 7, to the writ application) to river Lal Bakeya near Guabari Barrage at a distance of about 1 1/2 Kms. from their village, on a declaration that the respondents have got no legal authority to refuse to grant a licence for taking the immersion procession through the public road or any road, under the purported exercise of their powers under rule 23 of the Police Manual.

(3.) Petitioner No. 1 is the Pooja Committee of the village constituted by the local people, for carrying out and performing the necessary rituals and ceremonies of the Hindu festivals including the Saraswati Pooja, which has been actively engaged in its affairs for more than the last 50 years. The Saraswati Pooja is performed on the Basant Panchami day and usually on the next day the idols are taken out in a procession for immersion in the river. The claim of the petitioners has been founded on these allegations and assertions vide paragraph 5 of the writ application: - -