The facts are stated as under Ananda Murtiji introduced Tandava dance requiring it to be performed daily by an Ananda Margi as one of his religious rites.
The stay application and the appeal were heard by the Division Bench of the High Court of Calcutta on several dates.
6890 and 7204 of 1982.
The writ application was heard by a learned Single Judge who passed an order allowing the writ application upon holding, inter alia, that Tandava dance as prescribed for followers of Ananda Marga was an essential and integral part of the religion of the said religious denomination and that they have right to perform such a dance on the occasion prescribed in this behalf subject to the restrictions imposed under Articles 25 and 26 of the Constitution of India and the Court was powerless to examine as to whether such prescription of their Guru formed essential and integral part of the religious rite to be observed by the Ananda Margis.
reported in 1984 1 SCR 447.
903 of 1980 before the High Court of Calcutta.
Under Article 32 of the Constitution of India, Writ Petition Civil Nos.
It is also customary to hold a lathi and a damroo and sword.
This case has a long and chequered carrier.
This Court passed an order in the said writ petition rejecting the same on the finding that performance of Tandava dance in procession in the public streets or in gatherings in public places was number an essential religious rite of the followers of the Ananda Marga.
This order of the Police Commissioner was challenged by the General Secretary of the Ananda Marga in a Writ Petition No.
Against the said judgment and order, the appellants filed an appeal before the Division Bench and obtained stay of operation of the said order of the learned Single Judge.
The said order refusing permission by the Police Commissioner was challenged by filing a writ petition under Article 32 of the Constitution of India in this Court being registered as Writ Petition Nos.
1317 18 of 1987 was filed by the respondents in this Court challenging the said order of the Police Authorities refusing permission which was disposed of by this Court with the following observation We are of the view that these cases should appropriately be examined by the High Court keeping in view that has been said by this Court in the judgment in Acharya Jagdishwaranand Avadhuta etc.
The Commissioner of Police, Calcutta made repetitive orders under Section 144 of the Code of Criminal Procedure, 1973 since August, 1979, directing that numbermember of a procession or assembly of five or more persons should carry any fire arms, explosive, swords, spears, knives, trident, lathis or any article which may be used as weapon of offence or any article likely to cause annoyance to the public.
Ananda Murtiji by incorporating Tandava dance in the system of beliefs of Ananda Marga wanted to bring it to its original glory.
The Constitution Bench, by an order dated 04.12.2001, observed that there is numberjustification for the hearing of this civil appeal by a Constitution Bench and it must be placed before a Bench of two learned Judges for final disposal.
Dancer may also use live snake in place of skull in day time and fire mashals or damroo during night time.
The skull represents death and the knife represents life.
Tandava dance is to be performed with a skull, knife and Trishul.
Tandava dance symbolises life and death.
1451 of 1990 dismissing the appeal filed by the Commissioner of Police with a directive to the effect that The Police Authorities should permit the Ananda Margis to perform the Tandava dance in public processions on the occasion of their principal religious functions listed in prayer b of the writ petition on their undertaking to maintain peace and discipline on such occasions.
In order to avoid companytradiction and inconsistency in the orders passed by this Court, we are of the view that this matter requires to be companysidered by a Bench of three learned Judges.
The Calcutta High Court, by order dated 23.09.1980, rejected the said writ petition for the reasons recorded therein.
16233 of 1990.
Commissioner of Police, Calcutta Anr.
The Ananda Margis are followers of Shaivite order within Hindu religion and Ananda Murtiji directed performance of Tandava dance as one of the prescriptions of religious rite to be followed by an Ananda Margi in private life and public places.
On 13.11.1992, this Court, after hearing the parties for sometime and having companysidered the decision of the three learned Judges of this Court in Acharya Jagdishwaranand Avadhuta etc.s case supra , was of the view that this is a matter which requires companysideration by a Constitution Bench of this Court.
The matter was placed before the Constitution Bench.
On 21.12.1990, this Court granted leave in this matter and directed to companytinue the status quo until further orders.
Pursuant to the aforesaid liberty granted by this Court, a writ application was moved by the respondents praying for quashing the orders dated 20.05.1987 and 27.05.1987 of appellant No.1 Commissioner of Police and also for a directive upon the appellants companymanding them to allow the respondents to perform Tandava dance in public procession of Ananda Marga on the occasion of its principal religious function and festival such as Ananda Purnima Shravani Purnima Bijaya Dashami Dipavali New Year Day Falguni Purnima Vasanttotsava and Dharma Maha Chakra and Dharma Maha Sammelans.
The impugned judgment and order of the Division Bench of the High Court of Calcutta was passed on 08.11.1990 dismissing the stay application and the appeal and affirming the order of the learned Single Judge of the High Court of Calcutta.
Aggrieved by the impugned judgment, the appellants have approached this Court by way of Special Leave Petition No.
Petitioners are at liberty to go before the High Court.
What is Tandava Dance According to the Ananda Margis, Lord Shiva was the originator of Tandava dance and introduced it about six thousand five hundred years back for physical, mental and spiritual upliftment of every human being.
By order dated 25.05.1987, the permission was refused by the Commissioner of Police, Calcutta.
A direction was also issued to expedite the appeal and to post the appeal as early as possible.
supra and the order passed by a two Judge Bench in Bijoe Emmannuel Ors.
Again the Commissioner of Police, Calcutta made a fresh order under Section 144 of the Code of Criminal Procedure, 1973 on 29.03.1982 wherein the same restraints as mentioned in the earlier order were imposed and an application for permission to take out a procession on the prohibited streets accompanied with Tandava dance was rejected by him.
The respondents based their right to perform Tandava dance in procession and in public gathering on the basis of the prescription of their Guru Shri Ananda Murtiji in the recent fourth Edition of Carya Carya Part I published in the year 1986.
Tandava dance lasts for a few minutes where two or three persons dance by lifting one leg to the level of chest and then bringing it down and lifting the other.
Lakshmanan, J. This appeal stems from the judgment and order dated 08.11.1990 passed by the Division Bench of the Calcutta High Court in F.M.A.T. No.
The Division Bench affirmed the judgment and order dated 07.05.1990 passed by the learned Single Judge of the said Court allowing the writ petition of the respondents herein with a declaration that Tandava dance as prescribed for the followers of Ananda Margis is an essential and integral part of the religion of the said religious denomination and that they have a right to perform such a dance in public on the occasions prescribed in this behalf subject to the restrictions under Articles 25 and 26 of the Constitution of India and the Police Authorities have numberjurisdiction to impose ban on such a dance.
