Supreme Court of India

Commissioner of Police and Ors. v. Acharya Jagadishwarananda Avadhuta and Anr.

Neutral citation

Reported as [2004] 2 S.C.R. 1019

Bench S. Rajendra Babu, Dr. Ar. Lakshmanan and G.P. Mathur JJ.

Decided 11 March 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, I am of the opinion that the appeal filed by the appellants has no merits and is, therefore, dismissed.

Judgment, page 42

From the headnote

Constitution of India-Articles 25 and 26-Right M profess religion Meaning of-Held, right extends to rituals, observances, ceremonies and modes of worship which are essential or integral part of the religion-Essential or integral part-Test for-Held, if taking away the part/practice results in fundamental change in character of the religion/belief, it is an essential/integral part/practice-Performance ofTandava dance in public by Ananda Margis Held, not an essential/integral part/practice. The Ananda Marg is a religious sect within Hindu religion founded in 1955. Performance ofTandava dance

Authorities it was built on

1954 The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt. cited by 18
2002 N. Adithayan v. The Travancore Devaswom Board and Ors. cited by 7
1950 Sheth Maneklal Mansukhbhai v. Messrs. Hormusji Jamshedji Ginwalla and Sons. cited by 7
1983 Acharya Jagdishwaranand Avadhuta, Etc. v. Commissioner of Police, Calcutta & Anr. cited by 5

Where later benches applied it

2017 Shayara Bano v. Union of India and Others relied on
2017 K. S. Varghese & Ors. v. St. Peters & Pauls Syrian Orth. & Ors. referred to
2015 Adi Saiva Sivachariyargal Nala Sangam & Ors. v. The Government of Tamil Nadu &anr. referred to
2018 M. Siddiq (d) Thr. Lrs. v. Mahant Suresh Das and Others Etc. mentioned
2022 Aishat Shifa v. The State of Karnataka & Ors not applicable

Of those, 1 relied on · 2 referred to · 1 mentioned · 1 not applicable

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