Hon’ble Devi Prasad Singh, J.—Present writ petition under Article 226 of the Constitution of India has been preferred by a devotee of Goddess Durga asserting his right to carry on religious procession for immersion of ‘Akhand Jyoti Kalash’ in river ‘Kalyani’ of district Barabanki of the State of U.P.

2. Question, involved is of public importance as to whether the State or its authorities may stop a religious procession or religious ceremony affecting the citizens’ right, protected by Articles 25 and 26 of the Constitution of India ?

3. In village Rampur Katra within the premises of police station Safdarganj, district Barabanki, there is a temple named Man Durga Mandir where the deity, i.e. Goddess Durga is being worshiped since time immemorial. Nine day worship of nine incarnations of Durga is done in Navaratri, namely Shardiya and Vasantik. After Navaratri, ‘Akhand Jyoti Kalash’ procession is carried out by the villagers to immerse the Jyoti Kalash in river Kalyani. Earlier in the year 2003, when the Jyoti Kalash procession was stopped by the district administration, the petitioner had filed a writ petition No. 5149(M/B) of 2009 whereby a Division Bench of this Court has passed an interim order dated 10.10.2003 permitting to carry out the procession and directing the District Magistrate, barabanki to make proper arrangement for immersion of Jyoti Kalash peacefully.

4. It appears that when the order was not complied with in letter and spirit, an Advocate Commissioner was appointed. In pursuance to the order passed by this Court, the Advocate Commissioner Shri Anupam Mehrotra, a distinguished advocate of this Court had gone to make spot inspection and submitted his report, a copy of which has been filed as Annexure No. 3 to the writ petition.

5. Now again, according to the petitioner’s counsel, Jyoti Kalash ceremony has been stopped by the administration and the petitioner and his associates have been restrained to immerse Jyoti Kalash in river Kalyani. Hence, the present writ petition has been preferred.

6. It has been submitted by Shri H.S. Jain, learned counsel for the petitioner that the petitioner and other villagers have got right to immerse Akhand Jyoti Kalash in river Kalyani and they have also right to assemble for the purpose and move in procession for immersion of ‘Akhand Jyoti’ in accordance with Hindu rituals. It has also been submitted that Puja during Navaratri festival is continuing in “Ma Durga Mandir” since ages which cannot be stopped by the district administration in any manner whatsoever. It has also been submitted that after completion of ‘Navaratri’, they have right to move in procession to immerse Akhand Jyoti Kalash. Their right has been protected by Articles 25 and 26 of the Constitution of India.

7. On the other hand, learned Chief Standing Counsel submits that the Akhand Jyoti Kalash procession has been started recently in the year 2003 for the first time. It is incorrect to say that it is age old tradition professed by Hindu villagers. It has also been submitted that the State has right to stop new tradition which lacks old practice. It is further submitted that the district administration has no objection so far as the procession is concerned but that should move on the specified route. It is further submitted by the learned Chief Standing Counsel that the temple is not situated from time immemorial; rather it was a very small temple, known as ‘Mathya’ in local parlance and for the first time, it was constructed in the year 2003. However, it has been submitted that because of overwhelming Muslim population in the adjoining area and because of their objections, the district administration has tried to regulate the procession from different route which has been objected by the petitioner and his associates. For convenience, para 8 of the counter-affidavit filed by Shri Gore Lal Shukla, Sub Divisional Magistrate, Sirauli Gaushpur, district Barabanki is reproduced as under :

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