The central legal point established in the judgment is the assessment of claims of faith healing and the encroachment into the area of quack practice.

( 1 ) THIS is an application for stay made in aid of appeal preferred from an order dated 1st february, 2005 passed by Honble Single Judge in exercise of contempt jurisdiction.

( 2 ) THE judgment runs into about 12 pages and is reasoned and contains the facts as noted by his lordship.

( 3 ) THE appellant concerned is one Ajay Pratap Singh, who is devotee of Lord Shiva. He believes very strongly in the chanting of Mantra which is simple and runs as follows:" om Namah Shivay"

( 4 ) HE is a prominent member of a religious and charitable society, namely, Lal Mahendra Shiv shakti Sewa Samiti, Kotwa Kot, Allahabad, the object of which are to establish intoxication free society, to serve the helpless, to help the marriages of poor girls, to help in the education of poor children and to maintain old temples.

( 5 ) WITH the objects of the society, which are helpful and permissible, no one can have any dispute or question.

( 6 ) HOWEVER, Ajay Pratap Singh used to assemble in a park opposite to Laxmi Talkies, Katra situated at Allahabad where there is a Mandir. In the park, he used to chant his Mantra and he would be followed by hundreds of people. The allegation was that the assembly was using loudspeakers with deafening loud noise and that the chanting went on beyond the level of endurance. It was also alleged that the power was being stolen from public line. The further claim was, and this is the crux of the matter, that for a consideration of Rs. 30/- per person Ajay pratap Singh was claiming to cure all ailments of people and was also claiming to be able to mete out treatment for the deaf and dumb. The cure of all ailments would take place by chanting of Mantra following Ajay Pratap Singh is lead and that for curing deaf and dumb one hour would be needed on weekly basis for some period of time.

( 7 ) THE learned Judge in the Court below sent a committee for examining and report and the committee report is on the record. They have stated that the crowd was running three hundred but was a disciplined crowd. The chanting of the Mantra was indeed made. That Ajay Pratap singh claimed that there was lowering of the ailments of the people who attended his meetings. There was no evidence of Ajay Pratap Singh distributing any medicine to anybody or writing out any prescription. The persons who attended the congregation included the educated people like gazetted officers, bank employees and railway employees. The feeling of the crowed was also that there was lowering of physical malady from which they suffer.

( 8 ) AJAY Pratap Singh, in his affidavit, has denied the allegation of any theft of power. He has denied that Rs. 30/- was charged on regular basis from all persons or that there was any compulsion to pay. For the purposes of the membership of the society Rs. 30/- might have been charged but according to him on every Thursday the congregation is attended free. It was admitted that at the end of the prayers Prasad would be distributed.

( 9 ) ON the basis of these facts the learned Judge has passed the following order of injunction: (i) That the Samiti including Ajay Pratap Singh is restrained from practising and professing faith Healing using public parks; (ii)They are restrained from illegally extracting energy from main line; (iii)They are restrained from using loudspeakers; (iv)They are restrained from charging consideration.

( 10 ) WE make it clear that for the purposes of membership of the society only, charging of consideration is permitted and the learned Judges order is to be read in this light that the charging of consideration is prohibited for the purpose of faith healing only. This clarification or modification can be taken to have been made by us here-in-now on final basis.

( 11 ) IN so far as the main issue of faith healing is concerned, it was argued by Mr. R. N. Singh for the appellant that the learned Judge erroneously exercised contempt jurisdiction for the purposes of passing these o