The right to freedom of religion guaranteed under Articles 25 and 26 of the Constitution includes the right to perform religious rites and ceremonies in public, subject to the restrictions imposed under the said Articles.

( 1 ) THIS writ application was moved by the petitioner who is the General Secretary, Public Relations Department of the Ananda Margy Pracharak Sangha and the Ananda Margy Pracharak Sangha, a religious organization propounded by Sri Ananda Murtiji praying for a writ and/or a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law and to cancel, rescind and/or withdraw the impugned order dated 20th May, 1987 and 27th May 1987 which are Annexure 'b' to the petition and also commanding the respondents to allow Tandava Dance in pubic procession of Ananda Margis on the occasion of its principal religious functions and festivals such as (i) Ananda Purnima, (ii) Shravani Purnima, (iii) Vijaya Dashami, (iv) Dipavali, (v) New Years Day, (vi) Phalguni Purnima (Vasantotsava) and (vii) Dharma Maha Chakras and Dharma Maha Sanmelanas.

( 2 ) BY the letter dated 20th May, 1987 the Commissioner of Police informed the petitioner No. 1 that the permission for public procession with Tandava Dance and public meeting on 31st May, 987 could not be acceeded to in terms of the order of the Hon'ble Supreme Court on the subject passed on 20th October, 1983. By the letter dated 27th 1987 the Superintendent of Police, South 4 Parganas informed the petitioner No. 1 that the permission to take out a procession with Tandava Dance on 31st May, 1987 within Kasba and Tiljala Police Station could not be accorded in terms of the order of the Hon'ble Supreme Court of India passed on 20th October, 1983 on the subject. It may be mentioned that the petitioner moved a writ application before the Hon'ble Supreme Court of India in its original jurisdiction being writ petition Nos. 6890 and 7204 of 1982 and 3491 of 1983 and the Supreme Court of India by an order and judgment dated 20th October, 1983 inter alia passed the following order:"it is appropriate to take note of the fact that the impugned order section 144 of the Code did not ban processions or gatherings at public places even by Ananda Margis. The prohibition was with reference to the carrying of daggers, Trishuls and skulls. Even performance of tundra dance in public places, which we have held is not an essential part of religious rites to be observed by Ananda Margis, without these, has not been prohibited. The writ petitions have to fail on our finding that performance of tandava dance in procession in the public streets or in gatherings in public places is not an essential religious rite of the followers of the Ananda Margh. In the circumstances there will be no order as to costs. "thereafter, the petitioner filed a review application before the Hon'ble Supreme Court of India for review of the order and judgment dated 20th October, 1983 in so far as the findings of the Supreme Court regarding Tandava dance whereupon the Supreme Court on 1. 12. 83 passed the following order:"we are of the view that these cases should appropriately be examined by the High Court keeping in view what has been said by this Court in the Judgment reported in Acharya Jagdishwaranand Avadhuta and Ors. vs. Commissioner of Police, Calcutta and Anr. 1983 (4) SCC 552. Petitioners are at liberty to go before the High Court. The writ petitions are disposed "

( 3 ) PURSUANT to the liberty granted to the Ananda Margins this Writ application have been filed.

( 4 ) BEFORE this Court the petitioners have annexed to the petition various books written by Sri Sri Ananda Murti such as Ananda Margo Carya-carya Part I, Part II, Part III Ananda Sutram, Namah Shivaya Shantaya passages from Ananda Vachanamritan Part X as also various pictures regarding performance of Tandava Dance by Ananda Margis as also pictures of Muslim Festival in Calcutta on the occasion of Maharrum procession, Sikh Festival, Bharat Sevashram Sangh Festival wherein swords and arms were exhibited, pictures of Skull dance in Balona and Gajana Festivals in Bengal as also a picture of Naked Monks at Kumbha Mela were ex