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2006 DIGILAW 823 (ORI)

Akshaya Kumar Mallick v. State of Orissa

2006-12-05

M.M.DAS

body2006
ORDER 05.12.2006 — Heard learned counsel for the petitioner, learned counsel for the intervenor and the learned Government Advocate The temple of Lord Jagannath situated at Keradagarh under Rajnagar Police Station in the district of Kendrapara is admit¬tedly a public deity. It is stated that the said temple was constructed about 200 years back by the then Zamindar of Kanika and the idol of deities were installed therein. The petitioner belongs to Scheduled Caste and is stated to be representing other members of the said caste. It is alleged by the petitioner that persons belonging to the Scheduled Caste community are being obstructed by the caste Hindus (Sabarnas) from entering into the said temple to offer puja to Lord Jagannath. It has been further stated in the writ petition that such obstruction by the caste Hindus (Sabarnas) amounts to atrocities on the men and women belonging to the Scheduled Caste community. It appears from Annexure-5 that the Superintendent of Po¬lice, Kendrapara intimated the Collector, Kendrapara that the complaint lodged by the petitioner with regard to the illegal action by caste Hindus (Sabarnas) in obstructing Scheduled Caste members from entering into the temple in question was entrusted to the Deputy Superintendent of Police, Headquarters, Kendrapara for enquiry who on enquiry submitted a report, copy of which was enclosed to the said letter under Annexure-5. The petitioner alleges that on receiving the letter under Annexure-5, the Col¬lector intimated the Research Officer, National Commission for Scheduled Castes, Government of India that in view of the report of the Deputy Superintendent of Police, the Collector is of the opinion that since the temple is a public place, every Hindu has a right to enter into the said temple. But, however, the Sevayats and local people have been warned against committing breach of peace and the Officer-in-Charge of Rajnagar Police Station has been asked to keep watch over the situation. But, however, the Sevayats and local people have been warned against committing breach of peace and the Officer-in-Charge of Rajnagar Police Station has been asked to keep watch over the situation. The petitioner, on the allegation that people belonging to the Scheduled Caste community of the locality are not being allowed to access to the temple in question even though the State has recognized their right to enter into the temple, has prayed in the present writ petition for issuance of a direction to the opp.parties to deploy minimum required force to ensure safe and free access of the members of the Scheduled Caste community intending to pay a ‘DARSHAN’ of the public and offer puja and to further direct the police to prevent the caste Hindus (Sabarnas) from committing atrocities on the members of the Scheduled Caste community in course of their entering into the temple. Learned Government Advocate submits that situation in the area is tense and police force has been deployed to maintain peace in the locality. He further submits that if, at the present juncture, the people of the Scheduled Caste community or for that matter, the people belonging to the caste Hindus (Sabarnas) are permitted to enter into the temple, as per his instruction, they will be entering in large groups at a time, causing apprehension of riot and blood shed and in view of such position, this Court has rightly passed an interim order on 24.11.2006 directing that till disposal of the writ petition, no public, except the Priests and other Sevayats of the deity shall enter inside the temple and, in the case, any one else except the Priests and Sevayats, make an attempt for forcible entry into the temple, there would be a law and order situation for which the District Administra¬tion would be at liberty to take appropriate action as would be required in the prevailing situation, in accordance with law. In our considered view, every Hindu irrespective of his caste has a right to enter into the temple of a public deity and offer puja. But, however, such devotee would have absolutely no right to create any law and order problem. In this view of the matter, both the people, belonging to the Scheduled Caste commun¬ity like the petitioner as well as the caste Hindus (Sabarnas) have right to enter into the temple in question for offering puja. But, however, such devotee would have absolutely no right to create any law and order problem. In this view of the matter, both the people, belonging to the Scheduled Caste commun¬ity like the petitioner as well as the caste Hindus (Sabarnas) have right to enter into the temple in question for offering puja. We, therefore, dispose of this writ petition with a direction upon the petitioner as well as other members of his caste and Hindus belonging to any other caste not to create any situation which would cause breach of public peace in the locali¬ty including rioting, while they enter into the temple for offer¬ing puja. None of them should also enter into the temple in large numbers at a time, which according to the Administration, would create law and order problem. The Collector, Kendrapara is at liberty to pass necessary prohibitory orders under Section 144 Cr.P.C. or under any other provisions of law as he may deem fit and proper in the circumstances prevailing. It would also be open for the Collector to take such other steps to prevent breach of peace and law and order situation. Every Hindu irrespective of his caste must respect such prohibitory orders as may be passed by the Collector of the district for maintaining peace in the locality. A free copy of this order will be furnished to the learned Government Advocate for onward communication to the Collector and District Magistrate, Kendrapara immediately. Urgent certified copy of this order be granted on proper application. Order accordingly.