Mukerji, J.

[1] This is a petition by 26 persons under Article 226 of the Constitution for a writ in the nature of 'habeas corpus'. The petitioners also founded their application under Sections 491 and 561A, Criminal P.C.

[2] On 16th March 1954, we pronounced the operative portion of our judgment directing release of the petitioners for we were of the opinion that the petitioners' detention in jail was illegal.

[3] The petitioners before us belong to what is known as the Savarna Sanatan Dharmis of the Hindu fold and they are the residents of Banaras and are believers in the strict and the orthodox tenets of the Sanatan Dharma. There is, as is well known, an ancient and a very holy temple of the deity of Sri Vishwanath at Eanaras. This temple undoubtedly is ancient and the deity enshrined therein is held in the highest esteem by the Hindus and it attracts pilgrims from far and wide. The worship in the temple is carried on according to strict Shastric precepts and it is the belief of the Hindu community that the image which is enshrined in this temple is a self-revealed image of Lord Shiva. Entry to this temple was confined to Savarna Sanatan Dharmis only, that is to say, the caste Hindus alone had the privilage of entering this temple and worshipping therein. The Avarna Sanatan Dharmis, who are now called Harijans, had under a long established custom, no right to enter this temple, but they could have Darshan of the holy image through an aperture which be approached by an outer passage adjacent to and separate from the main sanctuary.

[4] It appears that the Harijans smarted under the discrimination that was made between them and the Savarna Sanatanists in regard to having access to the temple of Sri Vishwanath. About 12th or 13th February, 1954 the Harijans decided to enforce their right of entry into this temple and they expressed their desire to do so by means of leaflets which were broadcast by some leaders of their community as also by sticking posters. These leaflets & the posters declared that the Harijans would march in procession to the temple of Sri Vishwanath on the afternoon of 17th February 1954, and effect an entry into it. It appears further to us that the Harijans took their stand on the provisions of the U. P. Removal of Social Disabilities Act, (14 of 1947), for, according to Section 3 (d) of that Act, no person could prevent another from having access to any public temple or enjoying the advantages, facilities and privileges of any such temple to the extent the same were available to other Hindus.

When this desire of the Harijans became known to the Savarna Sanatanists of Banaras, they convened a meeting and it was resolved therein that the aperture which existed in the Eastern wall of the temple and through which the Harijans used to have a glimpse of the sacred deity should be substantially enlarged in order that the Harijans could have greater facility in having Darshan. It was further resolved to meet the Harijans at the main door, called the 'Singhadwar', of the temple and to conduct them to the window, now enlarged, and to let them have 'Darshan' of the scared deity from that place in accordance with the old custom.

[5] On the afternoon of 17th February 1954, a batch of Harijans arrived at the temple door headed by Sri Bechan Ram, M. L. A. These Harijans were met by the petitioners and they were garlanded and, according to the petitioners, Invited to have Darshan of the deity from the window or aperture now enlarged for them. So far there appears no controversy in regard to the facts or the sequence of events: There is, however, a controversy as to what followed subsequently. According to the petitioners, the Harijans were not stopped from entering through the main gate by the petitioners while on behalf of the State it was stated that Harijans were refused entrance into the temple through the 'Singhadwar' through which caste Hindus alone could have access to the temple. The executive authorities of