IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 29082 of 2008(K) --------------------------------------- PETITIONER: ------------------- K.P.HAFSATH BEEVI, FARBINA'S MAHAL, P.O.PAPPINISSERY WEST, ILLIPPURAM, KANNUR. BY ADV. MR.M.RAMESH CHANDER. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. THE VANITHA CIRCLE INSPECTOR OF POLICE, KANNUR. 5. THE SUB INSPECTOR OF POLICE, VALAPPATTANAM. 6. RAJEESH E., UNIT SECRETARY, DYFI, ILLIPPURAM, PAPPINISSERY, KANNUR DISTRICT. R1 TO R5 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29082/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT FILED BY THE PETITIONER, EFORE THE R.4. EXT.P.2: COPY OF THE COMPLAINT FILED BY THE PETITIONER'S HUSBAND, BEFORE THE R.5. EXT.P.3: COPY OF THE COMMUNICATION OF THE R.3. DTD. 13/08/2008. EXT.P.4: COPY OF THE ORDER OF THE DISTRICT COLLECTOR DTD. 26/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29082 OF 2008 ------------------------------------------- Dated this the 2nd day of February, 2010 JUDGMENT “C.R.” 1.The petitioner challenges the directions issued by the official respondents to desist from holding out any offer to cure illness etc. by conducting prayers. At the stage of admission, the following interim order was issued. “Notice and interim stay. It is made clear that the order of stay will only enable the petitioner to hold prayers in her house. She shall not undertake to treat any person for illness on the strength of this order”. 2.Having heard learned counsel for parties, the following emerge. Firstly, in terms of Article 19 of the Constitution, the petitioner has a right to pray and to perpetuate her ideas as to religion, even by being part of a peaceful assembly, and to move freely for such purpose. Secondly, the State and its WPC.29082/08 2 officers are entitled to reasonably restrict such activity if it tends to offend security, public orders, decency, morality and sovereignty and integrity of India. This includes reasonable restrictions on the basis of public health and public tranquility; such restrictions being imposable in the interest of the general public. Thirdly, Article 51A(h) provides that it shall be the duty of every citizen of India to develop a scientific temper, humanism and the spirit of enquiry and reform. Balancing the duties of the petitioner in this regard and her fundamental rights referable to Part III of the Constitution, it has necessarily to he held that the impugned orders, to the extent they require the petitioner to desist from offering cures for illness on the basis of prayers, is a reasonable restriction imposed on grounds of public health, morality etc., particularly when she has no authentic scientific certification in support of any claim of such ability to cure. 3.For the aforesaid reasons, all that is required is that the fact situation obtained by the aforesaid interim order is WPC.29082/08 3 maintained. Hence, this writ petition is ordered directing that the operation of the impugned orders shall be subject to the directions contained in the aforequoted order dated 30.9.2008, which is made absolute hereby. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.04/02.