R.N.MISRA, K.B.PANDA
YULITHA HYDE – Appellant
Versus
STATE OF ORISSA – Respondent
R. N. MISRA, J.
( 1 ) THESE are three applications under Article 226 of the Con- stitution essentially challenging the vires of the Orissa Freedom of Religion Act 2 of 1968 (hereinafter referred to as the Act) and were heard analogously. This common judgment shall dispose of all these applications.
( 2 ) THOUGH the main challenge is on a common stand several allegations have been made in these applications which it may be useful to briefly indicate.
(a) O. J. C. No. 185 of 1969: the four petitioners here are Indian citizens and are Christians belonging to the Roman Catholic church. Of them, the petitioners 2 and 4 are priests who claim to have dedicated themselves to the propagation of the Catholic faith and are engaged in evangelization leading to conversion of persons belonging to other faith by and/or through preaching exhortation. The impugned Act received assent of the governor of Orissa on 9-1-1968 and came into force from the following day. Father Fernando and three others named in paragraph 13 of the application who are said to be catechists have been prosecuted under the Act in the Court of a Magistrate at Gunupur in four separate cases bearing Nos. G. K. Nos. 314. 311.
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