Mangal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8254 MP

 The High Court of Madhya Pradesh Bench at Indore

                          WP No.23132/2021
               Mangal Singh & Ors. Vs. State of MP & Ors.
 Indore, Dated:04/12/2021
        Shri Seeju Thomas, learned counsel for petitioners.
        Shri Vivek Dalal, learned A.A.G for the respondent/State.

Learned counsel for the petitioners submits that similar impugned notices dated 13.09.2021 and notices issued on other dates were issued to the petitioners.

Notices are not founded upon any enabling provision and infringes fundamental and constitutional right of the petitioners.

We prima facie find substance in the argument of learned counsel for petitioners in the light of constitution bench judgment of Supreme Court in the matter of Sardar Syedna Taher Saifuddin Saheb Vs. State of Bombay 1962 Supp(2) SCR 496. The relevant portion reads as under:-

"17...............The Constitution has left every person free in the matter of his relation to his Creator, if he believes in one. It is, thus, clear that a person is left completely free to worship God according to the dictates of his conscience, and that his right to worship as he pleased is unfettered so long as it does not come into conflict with any restraints, as aforesaid, imposed by the State in the interest of public order, etc. A person is not liable to answer for the verity of his religious views, and he cannot be questioned as to his religions beliefs, by the State or by any other person."

(emphasis supplied)

Shri Vivek Dalal, learned A.A.G prays for time to seek instructions. List the matter on 13.12.2021.

Subject to hearing the other side, till next date of hearing, the impugned notices shall remain stayed.

c.c as per rules.

 (SUJOY PAUL)                                       (PRANAY VERMA)
    Judge                                               Judge

Digitally signed by
VARGHESE MATHEW
Date: 2021.12.04
15:42:43 -08'00'