The local authorities have the power to impose restrictive conditions on the movement of a procession, including forbidding it from going to a particular spot, if they are satisfied that the procession, if uncontrolled, would be likely to cause a breach of the peace.

JUDGMENT

BARMAN, C. J. :- The point involved in this writ petition is whether in the circumstances hereinafter stated -under S. 30 of the Police Act, 1861 (Act 5 of 1861) read with Rr. 23 and 54 (d) of the Orissa Police Manual -restrictive conditions can be laid in a procession license forbidding the movement of a procession to certain areas in a town, that is, to the extent of prohibiting the procession from moving beyond a particular spot in the town in view of the apprehension of the Magistrate of a serious breach of the peace resulting in rioting and bloodshed, as reported to him by the Police.

2. In Cuttack town, there is a road called Mahtab Road between Taldanda Canal in the east and Dolmundi Chak on the west. There is an ESSO Petrol pump on the Mahatab Road stated to be about 600 yards from Dolmundi Chak. The petitioner represents the residents of Sankarpur village on the eastern side nearer the Taldanda Canal. They are being opposed by the residents of Haripur village near Dolmundi Chak on the west. There are also interveners - representing the residents of the area between ESSO pump and Haripur village also opposing the petitioner's application.

3. It is claimed on behalf of the petitioner that there is a custom of bringing every year the Deity - Ganesh Mahda - from Sankarpur village upto Dolmundi Chak on the west along the Mahtab Road stated to be with the object of enabling the devotees to have a last Darshan of the Deity before immersion; the religions sentiment is that the Deity bestows benedictory looks on the devotees; and then they take back the Deity to the Taldanda Canal and have the immersion ceremony there; all these are said to be according to the religious custom.

4. In 1966, a license is stated to have been given to the petitioners, for a procession to come, enter the Mahtab Road, go up to the Dolmundi Chak and then return to Taldanda Canal area - all as directed in the said license. It is said that there was obstruction from the people of Haripur village and the procession had to return leaving the Deity at ESSO petrol pump station. Thereafter, the petitioners applied to the Magistrate and ultimately on the intervention of the local authorities, the Deity was under sufficient Police protection brought to the Taldanda Canal for the immersion ceremony. The matter rested there in 1966.

5. The following year in 1967, on or about September 20/21, the villagers of Sankarpur applied for a license. The immersion ceremony in that year was to take place on September 24, 1967.

6. On October 12, 1967 the petitioner Satyabadi Swain, on behalf of the villagers of Sankarpur made an application to the Additional District Magistrate, Cuttack praying that the Police of the concerned Police Station may be directed to issue a procession license to Satyabadi Swain allowing him to take his Ganesh Medha procession upto Dolmundi crossing and then back for immersion. The purpose of the Medhas being taken upto the end of Mahtab Road on the west - that is upto Dolmundi crossing - was stated to be that, according to the religious belief, the devotees of the said locality wished to have a final Darsan of the Deities. The petitioner's complaint was that to applied to the Sadar Police for issue of a procession license for taking this year (1967) Ganesh Medha (deity) of Sankarpur village, for immersion, in a procession on its usual route; the Circle Inspector, Sadar Police Station, did not issue a procession license allowing the procession to be taken upto Dolmundi crossing, and as a result Ganesh Medha had not been immersed as yet and the religions feelings of the people had been seriously wounded; that it was illegal on the part of the police to take the decision themselves, without referring the matter, under the Rules, to the Magistrate in case breach of the peace was apprehended; further it was also illegal on the part of the Police not to protect the fundamental right of a citizen to perform his religious rites and to use any public