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Uttarakhand HC reserves PIL trial against Char Dham government’s takeover, 51 other temples – Indian news

 


Dehradun: The Supreme Court of Uttarakhand (HC) on Monday reserved its trial in a case of public interest (PIL) filed by Party leader Bharatiya Janata (BJP) and member Rajya Sabha Subramanian Swamy against the state government for taking Kar Dhams and 51 other temples in the hill state calling for the Uttarakhand Management Act Char Dham Devasthanam, 2019, said councilor Manisha Bhandari, who appeared in the case along with researcher Swamy.

Kartikey Hari Gupta, an adviser representing the intervener, the Rural Judiciary and Entitlement Kendra (RLEK), a non-governmental organization (NGO), in the case that is supporting the position of the state government, said the court over the past week had heard all parties concerned and reserved his judgment on the matter.

PIL had challenged the constitutional validity of the Uttarakhand Management Act Char Dham Devasthanam, 2019, by which the administration and control of major Hindu religious institutions have been taken over by the Uttarakhand government or by any authority operating under the state government.

Last December, the Uttarakhand assembly approved the draft law of the Char Dham Devasthanam Management Board.

In January, Uttarakhand Governor Baby Rani Maurya gave her consent to Char Dham Devasthanam Management Act, 2019.

Annoyed priests had threatened to move KL against the Act, as they claimed they had been kept in the dark about the new law.

They had claimed that the government had taken the step to ensure its control over matters related to shrines, bypassing the powerful community of priests.

On February 10, a four-member delegation of the state priest’s body met with Swamy and submitted documents required to submit a PIL along with a copy of the 2019 Char Char Dham Devasthanam Management Law.

Soon, Swamy set up PIL against the formation of the Char Dham Devasthanam Management Board and the resulting Act.

Gupta said he argued in favor of the state government’s decision and presented various historical and legal documents before the court.

He said that the Act does not interfere in the matter of religion, it only regulates the temporary functions related to matters of faith, as far as these shrines are concerned.

“The administration of these temples was done by the then Kumao Pankina in 1899, which had divided religious and temporary matters. The 1939 act on the administration of these temples notes that the law was necessary because of the mismanagement of the temples and also for alleviate the plight of pilgrims. The new act has been passed to further that objective and is valid, “he said.

Gupta mentioned that the mismanagement of the shrines led to the division of religious and temporary functions.

“Irish lawyer Edwin T. Atkinson recorded this fact of the mismanagement of temples in the Himalayan newspaper published in 1884. The Supreme Court with its judgment Ayodhya Ram Mandir last November also held that newspapers are the main evidence for which the courts may rely on, ”he added.

Gupta said he approved the KK that “Manusmirit, who is the ancient text on Hindu law, in his Chapter 7 stipulates that it is the King’s choice, for what he wants to keep a priest and all the rites and sacrifices in the temples are i performed by the priests on his behalf. Thus, priests have no natural right to manage temples. Scholar and educational reformer Madan Mohan Malaviya in 1933 had also published a book urging the public to hand over the management of the temples for their better maintenance. “

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