Kavya Prem

Likhitha Manoj
Fathima Sheriff
Lakshminandana Babu
TEAM 7: S10 C, BCom. LL. B

IN THE HON’BLE SUPREME COURT OF INDIA

THE PETITION FILED UNDER ARTICLE 136 OF

THE CONSTITUTION OF INDIA
IN PETITION NO: /2022

IN THE MATTER OF
SECRETARY, SMALL SCALE VENDORS ASSOCIATION
v.
STATE OF DEVASTHAN AND ANR.

MEMORANDUM ON BEHALF OF THE RESPONDENT

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MEMORANDUM OF THE RESPONDENT
 TABLE OF CONTENTS

LIST OF ABBREVIATIONS 3
INDEX OF AUTHORIRIES 4-5
STATEMENT OF JURISDICTION 6
STATEMENT OF FACTS 7-8
SUMMARY OF ARGUMENTS 9
ARGUMENTS ADVANCED 10-21
ISSUE I:
Whether ‘Right to Assembly’ and public meetings can be extended to the unauthorized
use of public roads?
ISSUE II:
Whether religious processions can be restricted in the name of public interest?
PRAYER 22

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MEMORANDUM OF THE RESPONDENT
 LIST OF ABBREVIATIONS

& And

A.I. R All India Reports

Art. Article

BOMLR Bombay Law Reports

Commr. Commissioner

Corp. Corporation

DB Division Bench

Govt. Government

HC High Court

ICCPR International Covenant on Civil and Political Rights

IPC Indian Penal Code

KLT Kerala Law Times

MADLR Madras Law Report

No. Number

Ors. Others

PIL Public Interest Litigation

SC Supreme Court

SCC Supreme Court Cases

SCR Supreme Court Reporter

Sec. Section

UOI Union of India

v. Versus

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MEMORANDUM OF THE RESPONDENT
 LIST OF AUTHORITIES

1. Acharaj Singh v. State of Bihar, AIR 1967 Pat 114

2. A.S Narayanan v. State of Andhra Pradesh, AIR 1996 SC 1765
3. Babulal Parate v. State of Bombay, AIR 1961 SC 884
4. Bennet Colman v. UOI, AIR 1973,106, 1973 SCR (2) 759
5. Dharam Datt v. UOI, WPC No 276 of 2001
6. Life Insurance Corp. v. Manubhai, AIR 1993 SC 171
7. Madras v. Sri. Lakshmindra Thirtha Swamier, AIR 1952 MAD 613
8. Mohd. Hanif Quareshi v. State of Bihar, AIR 1958 SC 731
9. PMA Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001
10. Ramasamy Udayar v. District Collector, 1779, MADLJ 395
11. Said Manzur Hassan v. Saiyid Muhammed, (1925) 27 BOMLR 170
12. S. R Bommai v. UOI, AIR 1994 SC 1918
13. Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255

TREATIES AND DIGESTS

 Durga Das Basu, Shorter Constitution of India (14th edn., 2009)

 Durga Das Basu, Shorter Constitution of India (10th edn., 1998)
 Tresolini, American Constitutional Law (2nd edn., 1965)
 Chaudari & Chaturvedi’s, Law of Fundamental Rights (4th edn., 2007)
 Dr. Subhash C Kashyap, Constitutional Law of India, 2008
 V.N.Shukla, Constitution of India, (12th edn, 2013)
 H.M.Seervai, Constitutional Law of India, (3rd edn, 1983)
 M.P.Jain, Indian Constitutional Law, (5th edn, 2003)

BOOKS REFERRED

 Dr. Jayan Pandey, Constitutional Law of India, 52nd edition, Central Law Agency.
 VN. Shukla, Constitution of India, 12th edition, Eastern Book Company.
 MP Jain, Indian Constitutional law, 6 th edition, Lexis Nexis.

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MEMORANDUM OF THE RESPONDENT
  Durga Das Basu, Shorter Constitution of India, 14th edition, Lexis Nexis
 Surendra Malik, Sumeet Malik, Supreme Court Words and Phrases, Eastern Book
Company

STATUTES

 The Model Police Act, 2006

 Constitution of India, 1950
 The Code of Civil Procedure, 1908
 The High Court Act, 1861

SITES REFERRED

 https://www.findlaw.com
 https://www.judis.com
 https://www.cdjlawjournal.com
 https://www.legalserviceindia.com
 https://www.indiankanoon.org
 https://www.khaleejtimes.com

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MEMORANDUM OF THE RESPONDENT
 STATEMENT OF JURISDICTION

THE COUNSEL FOR THE RESPONDENTS HEREBY HUMBLY SUBMITS TO THE

JURISDICTION OF THIS HON’BLE COURT UNDER ART 136 OF THE
CONSTITUTION OF INDIA
The present memorial sets forth the facts, contentions, and arguments of the present case.
Article 136 of the Constitution of India 1949:
136. Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter, the Supreme Court may, at its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence, or order in any
cause or matter passed or made by any court or tribunal in the territory of India
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed
or made by any court or tribunal constituted by or under any law relating to the Armed
Forces.

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MEMORANDUM OF THE RESPONDENT
 STATEMENT OF FACTS

Devasthan is a state in Indian Union. The State has a very high literacy level and the
population is highly politicized with people well aware of their rights and duties. The
Progressive Peoples Party (PPP) and Liberal, Democratic Party (LDP) are the two major
parties of the State. The PPP has been in power from January 2013 onwards. Devasthan is a
multi-religious and multi-linguistic state with Hindu, Muslim, and Christian populations
present in almost equal numbers, religious festivals and ceremonies are celebrated throughout
the year.

Vaishnavi Nagar (V. Nagar) is a satellite city to the port town of Combay. With the massive
industrial development of Combay, V. Nagar also developed. Roads, streets, and other
facilities of the city however had not developed to suit these changes. A major festival of the
famous Vaishnavi Devi Temple is the Vaishnavi Mela when the devotees prepare ‘gheer’ and
offer it to the Devi as an oblation at an auspicious time called “Muhurtham”. More than five
lakh devotees pour into V. Nagar for this ceremony. A large number of devotees prepare the
‘gheer’ on pavements of streets using temporary fireplaces made of bricks. They gather on
the streets and occupy pavements hours before the ceremony.

As a majority of people in V. Nagar are highly politicized there is an abundance of political

activities in the city. Political parties regularly convene meetings to explain their political
stands and to voice against various atrocities. As meeting grounds were absent in the city the
meetings were usually held on roadsides adjacent to major junctions. Mr. Ravi Vaishya is a
merchant who owns a provision store in the heart of V. Nagar city and is also the Secretary
of, the Small Scale Vendors Association. His shop is located at a junction where two roads
meet. Such meetings disrupted traffic and affected the sales of Mr. Ravi Vaishya and small-
scale merchants of the locality.
The petitioner filed a Public Interest Litigation before the Hon’ble High Court of Devasthan
located in Combay praying for an order prohibiting all roadside meetings of political parties
and religious processions and ceremonies which disrupt traffic. The petition was heard by a
division bench of the High Court comprising of Hon’ble Chief Justice Reghuraj Varma and

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Justice O.P. Johnson. The Court held that all meetings and processions which make use of
pavements and roads for unauthorized purposes be prohibited.

An eminent leader of PPP made a scathing attack on Justice. O.P. Johnson. Against the
decision of the High Court, a review petition was filed by the State of Devasthan on
December 12, 2015. Justice Johnson also made a Public Statement saying that he did not
regret making the said judgment. The State of Devasthan then made an application before the
High Court to reconstitute
the bench in the review petition as the Judge had a definite bias in the subject matter before
him which is very evident from his earlier public statement.

Meanwhile, Justice O.P. Johnson applied for a two-week leave starting in January 2015.
Chief Justice granted leave from January 28. On 2nd February 2016, the review petition filed
by State was posted for hearing before a bench comprising of Chief Justice Reghu Raj Verma
and Justice Hareender Gupta. In the review petition, an earlier decision was reversed. The
court held that organizing procession and meetings on highways are complimentary to
citizen’s right to dissent and assemble which is guaranteed under Article 19(1)(a), (b), (c),
and (d) and Article 21 of the constitution and right of religious sects to hold processions and
conduct festivals are an integral part of freedom guaranteed under Article 25(1) of
Constitution The roadside meetings and processions may be regulated by the State but not
prohibited. The petitioner files an appeal before the Supreme Court of India against the State
of Devasthan.

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MEMORANDUM OF THE RESPONDENT
 SUMMARY OF ARGUMENTS

1. Whether ‘Right to Assembly’ and public meetings can be extended to the

unauthorized use of public roads?

Firstly, the political parties and the religious groups have Freedom of speech and
expression, Freedom of Assembly, and also Freedom of Association guaranteed by
Article 19(1) (a), (b), and (c) respectively.

Secondly, unreasonable restrictions cannot be imposed on the Fundamental Rights of

the political and religious groups who have the right to assemble, speak & express
themselves.

Thirdly, the Model Police Act 2006 has provisions that allow assemblies and
processions to take place with the permission of the Police Commissioner.

Fourthly, such processions are not an idle movement of people but they, through
banners and announcements during their movement in a procession, make their
demands and views to the public.

2. Whether religious processions can be restricted in the name of public interest?

Firstly, Article 25 guarantees to every person in India the freedom of conscience and
the right to profess, practice, and propagate religion. This right includes the freedom
to practice rituals and ceremonies which form the integral parts of a religion.

Secondly, the law relating to religious processions has been introduced as a

guaranteed right of religious practice under A. 25(1), in addition to the right following
from A. 19(1) (b).

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 Thirdly, under Article 26(b), a religious denomination is free to decide what
ceremonies and rites are essential in matters of religion.

ARGUMENTS ADVANCED

ISSUE 1
1. Whether ‘Right to Assembly’ and public meetings can be extended to the
unauthorized use of public roads?

1.1 Right to assemble

Assemblies are also an instrument through which other social, economic, political, civil,
and cultural rights can be expressed meaning. They play a critical role in protecting and
promoting a broad range of human rights. They can be instrumental in amplifying the
voice of the people who are marginalized or who present an alternative, narrative to the
established political and economic interests. Assemblies present ways to engage not only
with the state but also with others who wield power in the society, including corporations,
religious, educational, and cultural institutions, and with public opinion in general.

According to UDHR (Universal Declaration of Human Rights) emphasis, "everyone has

the right to freedom of peaceful assembly and association".

Article 19(1)(b) of the Indian constitution guarantees to all citizens of India to assemble
peacefully and without arms. The right to assemble includes the right to hold meetings
and to take out processions. This article specifies some conditions;
1)Assembly must be peaceful
2)Unarmed
3)Not against the interest of sovereignty or integrity of India
4)In the interest of public order
In Babulal Parate v. the State of Bombay 1, it was held that the Art. 19(1)(b) ensures the
freedom of whole citizens to meet or assemble in any number,
(a) Peaceful
1
AIR 1961 SC 884

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 (b) Unarmed

1.2 Speech and Expression

Article 19(1) of the Indian constitution guarantees all citizens shall have the right to
freedom of speech and expression. In Life Insurance Corp. vs Manubhai2, the court held
that freedom of speech and expression includes not just the freedom to circulate one's
views but also the right to defend them.
Article 19 of the International Covenant on Civil and Political Rights (ICCPR) -the
freedom to seek, relieve, and convey information and all kinds of ideas irrespective of
boundaries, either orally or in the form of writing, permit art, or through any other media
of their choice are included in the right to freedom of speech and expression. Freedom of
speech and expression is a natural right as well as a basic human right. Bennet and
Colman vs UOI3, it was held that the right to freedom of speech cannot be taken away to
ban the commercial activities of the citizen.

1.3 Right to Procession

Allowing citizens to engage in public protest is one of the main distinctions between a
totalitarian society and a democracy. Freedom of association would almost cease to exist
if citizens could join a group but could not meet regularly with it. Freedom of assembly
includes the freedom to engage in an entirely spontaneous demonstration and is closely
associated with freedom of speech.

That is one way of awakening the people to the threats faced by the public and the danger
posed to the rights of the people under such policies. Statistics will demonstrate that
political parties holding different policies get not only the votes of their supporters but
also that of not party men who support the policies and projects enunciated in the
manifestos issued before elections. The role of an opposition party is to keep the party in
power from resorting to actions opposed to human welfare. By the numerical strength
only in parliament or assemblies, a reversal of misguided actions by the government may
not be possible to be gained and further a government in power has made promises may
act against its pre-election commitment and it may be necessary to arise and awake the

2
AIR 1993 SC 171
3
AIR 1973 106, 1973 SCR (2) 757

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 public against such lapse by the ruling power. The way to do it is through demonstration
and meetings.

The constitution guarantees freedom of religion under Articles 19 and 25 - every Indian
citizen has the right to promote and practice his or her religion freely and peacefully in a
ceremony, during funerals, yathras, road rallies, protests, etc. In Said Manzur Hassan vs
Sayid Muhammed4, it was held that people practicing religions are allowed to conduct
religious processions through public streets.

In India, religion is a way of life for people. The SPARK OF RELIGIOUS

PROCESSIONS IN INDIA tells us what energy and light it brings to people's life and the
belief of people for years.

Ramasamy Udayar vs District collector 5, any processions including religious processions

shall be conducted through all the roads and streets without any restrictions.

Enough safeguards are in place and a ban on meetings and processions on the grounds
urged are not justified in a democratic country as the consequence of such a ban will be a
denial of ensured Constitutional rights.

1.4 Public Roads

Roads are the private or public ways on the land. A way to which the public has access is
a public road. It may include public roads, highways, streets, avenues, alleys, bridges, etc
which are maintained by a state agency or any other governmental agencies.

1.5 The Model Police Act, 2006

The Model Police Act of 2006 has Section 93 which deals with the Regulation of
Assemblies and Processions. Though this Act regulates the way to conduct these
meetings and assemblies, it does not restrict such processions by banning or prohibiting
them.

Section 93 – Regulation of public assemblies & Processions

4
(1925) 27 BOMLR 170
5
1779 MADLJ 395

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 From this statute, it is clear that political parties and religious groups can conduct
meetings, assemblies, and processions with the prior permission of the Police. This itself
is a reasonable regulation. Any restriction more than this, like a complete ban on such
meetings, is not justifiable and unconstitutional.

1.6 Are unreasonable restrictions can be imposed on fundamental rights?

The fundamental rights guaranteed under the Constitution of India are non-absolute
rights. This means that the extent to which these rights could be exercised may be limited
by the State. This is where the concept of Reasonable Restrictions comes in Article 19 of
the constitution deals with freedoms and their respective grounds of restrictions.

Under Article 19(1), six freedoms have been laid down namely, freedom of speech and
expression, freedom to assemble peacefully without arms, freedom to form associations
and unions, freedom to move freely throughout the territory of India, freedom to reside
and settle in any part of the territory in India, freedom to practice any profession or carry
on any occupation, trade or business.

Corresponding to these six freedoms, certain grounds have been mentioned under articles
19(2) to 19(6) on which the state may impose reasonable restrictions. It is not necessary
that statutes may be enacted exclusively for restricting the freedoms under the restrictive
clauses. When a statute enacted by the government restricts these freedoms, such
restrictions have to be reasonable.

However, the term “reasonable” has not been defined under the constitution and no tests
were laid down either. It is in this regard, that the role of the Supreme Court to interpret
the constitution comes into play. Over time, the Supreme Court has laid down, in a
plethora of cases, various tests, and principles concerning the concept of reasonable
restrictions.

The phrase 'reasonable restriction connotes that the limitation imposed upon a. person in
the enjoyment of the right should not be arbitrary or of an excessive nature, beyond what
is required in the interest of the public. High Court has no authority to issue total
prohibitory orders and what could be done is only regulation that the statutory authorities
are exercising while granting permission.
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 The Supreme Court had specified when a restriction is said to be reasonable and when it
is unreasonable. Reasonableness - an objective concept: reasonableness of restriction has
to be determined in an objective manner and from the standpoint of the interests of the
general public and not from the point of view of the persons upon whom the restrictions
are imposed or upon abstract considerations – Mohd. Hanif Quareshi v. the State of
Bihar.6
Dharam Datt vs UOI,7 the fundamental rights cannot be taken away by legislation. The
legislation can only impose reasonable restrictions on the exercise of the right.

6
AIR 1958 SC 731
7
WPC No 276 of 2001

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ISSUE 2
2. Whether religious processions can be restricted in the name of public interest?
2.1 Concept of Religion
Religion is a matter of personal beliefs and values. And that is why choosing a religion is
considered a fundamental right in India under the act, right to freedom of religion. Thus,
many constitutions in the world give the right to freedom of religion.

Definition of Religion by the supreme court in PMA Metropolitan V Moran Mar

Marthoma8, Religion is the belief that binds the spiritual nature of men to supernatural
beings it includes worship, beliefs, faith, devolution and extends to rituals. The religious
right is the right of the person believing in a particular faith to practice it, preach it, and
profess it.

The German philosopher Immanuel Kant defines religion as “Religion is the recognition
of all our duties as divine commands”.

Milton Yinger, an American sociologist defines religion as “a system of beliefs and

practices by means of which a group of people struggles with the ultimate problems of
human life”.

The constitution does not define the term ‘religion’ and ‘matters of religion’. Hence, It is
left to the Supreme Court to determine the judicial meaning of these terms. A.S. Narayan
v. State of Andhra Pradesh9, in this case, Justice Hansaria observed that “our constitution
makers had used the word “religion” in these two articles (Articles 25 and 26) in the sense
conveyed by the word ‘dharma’.” He further explained the difference between religion
and dharma as “religion is enriched by visionary methodology and theology, whereas
dharma blooms in the realm of direct experience. Religion contributes to the changing
phases of a culture; dharma enhances the beauty of spirituality. Religion may inspire one

8
AIR 1995 SC 2001
9
AIR 1996 SC 1765

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 to build a fragile, mortal home for God; dharma helps one to recognize the immortal
shrine in the heart.”

2.2 Article 25- Freedom of conscience, the freedom to profess, practice, and
propagate religion to all citizens
Articles 25 of the Indian constitution- freedom of conscience and the right to profess,
practice, and propagate religion And Secularism. Article 25 guarantees the freedom of
conscience, the freedom to profess, practice, and propagate religion to all citizens.

The above-mentioned freedoms are subject to public order, health, and morality. This
article also gives a provision that the State can make laws:
That regulates and restricts any financial, economic, political, or other secular activity
associated with any religious practice.

That provides for the social welfare and reform or opening up of Hindu religious
institutions of a public character to all sections and classes of Hindus. Under this
provision, Hindus are construed as including the people professing the Sikh, Jain, or
Buddhist religions, and Hindu institutions shall also be construed accordingly. People of
the Sikh faith wearing & carrying the kirpan shall be considered included in the
profession of the Sikh religion.

Freedom of conscience and free profession, practice, and propagation of religion:

(1) Subject to public order, morality, and health and the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess,
practice, and propagate religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the
State from making any law
(a) regulating or restricting any economic, financial, political, or other secular activity
which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus Explanation I The
wearing and carrying of kirpans shall be deemed to be included in the profession of the
Sikh religion Explanation II In sub-clause (b) of clause reference to Hindus shall be

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MEMORANDUM OF THE RESPONDENT
 construed as including a reference to persons professing the Sikh, Jaina or Buddhist
religion, and the reference to Hindu religious institutions shall be construed accordingly.

Secularism means developing, understanding, and respect for different religions. It is

believed that the word ‘Secularism’ has its origin in late medieval Europe. In 1948,
during the constituent assembly debate, a demand was made by the KT Shah to include
the word ‘Secular’ in the Preamble to the Constitution. The members of the assembly
though agreed to the secular nature of the constitution but it was not incorporated in the
Preamble. Later, in 1976 the Indira Gandhi government enacted the 42nd Amendment
Act, and the word ‘Secular’ was added to the Preamble. The 42nd Amendment Act also
known as the ‘Mini Constitution’, is the most comprehensive amendment to the
Constitution.

S. R. Bommai v. Union of India10, the 9-judge bench, in this case, ruled that Secularism is
the basic feature of the Constitution of India. It is also observed that religion and politics
cannot be mixed. If the State follows unsecular policies or courses of action then it acts
contrary to the constitutional mandate. In a State, all are equal and should be treated
equally. Religion has no place in matters of State. Freedom of religion as a fundamental
right is guaranteed to all persons in India but from the point of view of the State, religion,
faith, and belief are immaterial.

2.3 Right to processions

Every Indian citizen has the right to promote and practice his/her religion freely and
peacefully which involves people moving in a ceremonious, orderly, and formal manner
which can be seen during funerals, yatras, road rallies, protests, etc. Carrying out a
religious procession is not easy; to make it happen permission from the Deputy
Commissioner of Police (DCP) is very important and also necessary. The police have a
duty to facilitate citizens in exercising their fundamental rights to hold peaceful public
meetings. The DCP makes sure that such religious procession is not going to result in any
sort of violent act and is going to be carried out peacefully and in harmony. He cannot
stop anyone from taking part in a peaceful procession if they have the permission to carry
it out.

10
AIR 1994 SC 1918

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 To carry out a religious procession, rally, or protest, there are specific requirements that
include written permission from the District DCP by giving him all necessary details
regarding the procession, rally, or protest that needs to be carried out. Permission is
required from the Police headquarters, New Delhi, in case the event is spread to more
than one district. The permission regarding the use of loudspeakers during procession
must comply with Noise Pollution Rules framed under Environment Protection Act, 1986
according to the Supreme Court’s order. NOC and permission are required from the land-
owning authority which must be carried along during the procession.

In Said Manzur Hassan vs. Saiyid Muhammed11, the Privy Council was of the view that
every religion has a right to conduct its religious procession with its proper observances
along a highway. People practicing various religions are allowed to conduct religious
procession through public streets so that they do not intervene in the informal use of such
streets as the magistrate may lawfully give to prevent and stop the breach of the public
peace, But the claim by one to attain the services of the highway to take out their religious
procession is not justifiable and also untenable.

2.4 Prohibition of religious processions

Ramasamy Udayar Vs District Collector (Madras High Court) 12, hence, it is hereby
declared, a. Once it has been declared by the authorities as roads or streets as per Section
180-A of the District Municipalities Act, the roads and streets which are “secular”, should
be used as roads by all the people irrespective of their religion, caste, or creed.

b. Any procession including religious procession shall be conducted through all the roads
and streets without any restriction.

c. Any procession including religious procession cannot be prohibited or curtailed merely

because another religious group is residing or doing business in the area predominantly.
Any procession including religious procession cannot be prohibited or curtailed merely
because another religious group is residing or doing business in the area predominantly.

11
(1925) 27 BOMLR 170
12
1779, MADLJ 395

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 d. There cannot be a prohibition for any procession including religious processions
through roads by the district administration or police authorities and there can be only
regulation by the police or other government authorities to see that no untoward incident
occurs or any law-and-order problem arises. Income Tax Budget S. Tax Company Law
Excise Customs GST CA CS CMA DGFT RBI SEBI Finance Corp. Law Advertisement
User Menu Corporate Law Judiciary Religious procession cannot be prohibited /curtailed
for the presence of another religious group in the area editor2| Corporate Law - Judiciary|
Download PDF 30 Apr 2021 966 Views 0 comment Case Law Details Case Name:
Ramasamy Udayar Vs District Collector (Madras High Court) Appeal Number: W.A.
Nos. 743 & 2064 of 2019 Date of Judgement/Order: 30/04/2021 Related Assessment
Year: Courts: All High Courts Madras High Court Download Judgment/Order Ramasamy
Udayar Vs District Collector (Madras High Court) If religious intolerance is going to be
allowed, it is not good for a secular country. Intolerance in any form by any religious
group has to be curtailed and prohibited. In this case, intolerance of a particular religious
group is exhibited by objecting to the festivals which have been conducted for decades
together and the procession through the streets and roads of the village is sought to be
prohibited stating that the area is dominated by Muslims and therefore, there cannot be
any Hindu festival or procession through the locality. India is a secular country and
merely because one religious group is living in a majority in a particular area, it cannot be
a reason for not allowing other religious festivals or processions through that area. If the
contention of the private respondent is to be accepted then it would create a situation in
which minority people cannot conduct any festival or procession in most areas in India. If
resistance is being exhibited by one religious group and it is reciprocated by the other
religious groups, there would be chaos, riots, and religious fights causing loss of lives and
destruction of properties. Consequently, the secular character of our country will be
destroyed or damaged. Advertisement Hence, it is hereby declared,
 Once it has been declared by the authorities as roads or streets as per Section
180-A of the District Municipalities Act, the roads and streets which are
“secular”, should be used as roads by all the people irrespective of their religion,
caste, or creed.
 Any procession including religious procession shall be conducted through all the
roads and streets without any restriction.

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MEMORANDUM OF THE RESPONDENT
  Any procession including religious procession cannot be prohibited or curtailed
merely because another religious group is residing or doing business in the area
predominantly.
 There cannot be a prohibition for any procession including religious processions
through roads by the district administration or police authorities and there can be
only regulation by the police or other government authorities to see that no
untoward incident occurs or any law and order problem arises.
e. Every religious group has got fundamental right to take out a religious procession through
all the roads without insulting the other religious sentiments and without raising any slogans
against other religious groups, affecting their sentiments, public law, and order. 6. Merely
because there is one place of worship belonging to other religious groups, the same cannot be
a ground to decline/deny permission to conduct a procession including a religious procession
of other religions to go through those roads or streets.

2.5 Right of Religious denominations

The dictionary meaning of the word religious denomination given in Webster is a
collection of individuals classed together as a religious sect or body having a common
faith and organization designated by distinctive names such as Islam, Christianity,
Hinduism, and so on. In our case, it is the Hindu devotees, more than five lakhs in the
number who pour into Vaishnavi Nagar for the gheer ceremony. These devotees
constitute the religious denomination.

According to Article 26 (b), a religious denomination or organization is free to

manage its affairs in ‘matters of religion’. The expression ‘matters of religion’ is not
limited to matters of doctrines or belief; it extends to acts done in pursuance of
religion and therefore contains a guarantee for rituals and observances, ceremonies,
and modes of worship which are regarded as integral parts of religion13.

Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt 14, a denomination is
“a collection of individuals, classed together under the same name; now almost
always specifically, especially a religious sect or body having a common faith and

13
Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255
14
AIR 1952 MAD 613

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 organization and designated by a distinctive name.” S.P Mittal further settled the law
on the determination of the nature denomination.
Freedom to manage religious affairs Subject to public order, morality, and health,
every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property following the law.

In Acharaj Singh v. the State of Bihar 15, it was held that the major festival of the
ancient and famous temple of Vaishnavi Devi is the Vaishnavimela which is
celebrated on the first week of January. One day of the mela ‘Makar Sankranthi Day’
the group of devotees prepare gheer and offer it to the Devi as an oblation at an
auspicious time called ‘Muhurtham’. Here, the offering of gheer is seen as a well-
established ritual. If the offering of a certain quantity of the food as bhog to the deity
is a custom or ritual of a religious denomination, the practice should be held to be a
part of the religion guaranteed under Article 26(b).

15
AIR 1967 Pat 114

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MEMORANDUM OF THE RESPONDENT
 PRAYER

Wherefore, in the light of the facts of the case, issues raised, arguments advanced and
authorities cited this Hon’ble Court be pleased to declare that:
1. The right to assembly extends to the use of public roads.
2. The right to religion under Article 25 extends to hold processions and festivals.

And pass any other order in favour of the respondents that it may deem fit in the ends of
justice, equity and good conscience. All of which is respectfully submitted.

Place: S/d
Date: (Counsel for respondent)

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