1. This is an application for quashing an appeal and/or directions issued by the Respondents-District Magistrate and Superintendent of Police of Sitamarhi confining the taking of Mahabiri Jhanda to three days in a year in the district namely Deshara, Kartrik Krishna Chaturdashi and Shivratri and if anybody takes out a procession on any other day of the year, they shall not be granted licence and be exposed to prosecution.

2. The petitioners, resident of Sitamarhi district, have assailed the said annexure on the plea that even though the order is prefixed by the word appeal, it is, in fact, a threat to the citizens of Sitamarhi not to take Mahabiri Jhanda procession on any day other than three days. It has further been stated that there has been no law which empowers the District Magistrate and Superintendent of Police to negotiate the fundamental rights of an individual with bodies claiming to represent him and to intrude in the religious right of an individual as enshrined under Arts.25 and 26 of the Constitution of India. The only right which can be exercised by the State in this regard is for maintenance of public order, morality and health but in the whole of annexurer-1 there is no reference that such a direction has been issued for the said purpose.

3. The State has filed a counter-affidavit stating therein that the district authorities have arrived at the impugned decision after consultation with the various bodies and in the interest of maintenance of public order, descency etc. It has been averred that in Sitamarhi district Mahabiri Jhanda procession was taken 196 days in a year which compelled the authorities to pass the said order because State machinery had to remain busy to control those processions and, therefore, diverting man power and energy of the district in that direction to the detriment of the development work.

4. Learned counsel for the State has further submitted that the State authorities have no objection to add few more days if the petitioners so like.

5. Ours is a secular State and every citizen has a right freely to profess, practice and propagate religion. This is fundamental right to the citizens of India. The exercise of this right is, however, subject to maintenance of public order, morality and health. The right to profess religion restricted by an executed order to particular days is not permissible dehors public order. Public order is something much wider than the law and order. The right to practice and profess religion even by taking religious procession cannot be interfered with. The Statute has cast duties and responsibilities in this regard under S.30 of the Police Act, 1861 . S.30 of the Police Act reads as follows :

30. Regulation of public assemblies and processions and licensing of the same - (1) The District Superintendent or Assistant District Superintendent of Police may, 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 times at which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any 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 likely 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 apply for a licence.

(3) On such application being made, he may issue a licence specifying the names of the licencees 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 any such licence."

This section on mere perusal manifest that a