MAJORITY JUDGMENT

Rajendra Babu, J. : [For G.P. Mathur, J. and for himself]-

This is second round of litigation. In the first round of litigation question raised before this Court was whether performance of Tandava dance in public is an essential practice of Ananda Margi order or not. This Court in Acharya Jagdishwarananda Avadhuta & Others v. The Commissioner of Police, Calcutta & Another, (1983) 4 SCC 522, (First Ananda Margi case), held that Tandava dance in public is not an essential rite of Ananda Margi faith. Subsequent to the first case, it appears that Ananda Murti Ji - founder of that order prescribed to perform Tandava dance in public as an essential religious practice in Carya Carya, a book containing the relevant doctrines. Based on this, Ananda Margis sought permission of the Commissioner of Police to perform Tandava dance in public. The Commissioner accorded permission to take out Tandava dance without knife, live snake, trident or skull. This was challenged by the Respondents herein before this Court by filing Writ Petition (Civil) Nos 1317-18 of 1987. This Court with the following observation disposed it of:

"We are of the view that these cases should appropriately be