Cal HC shocked at man’s excommunication in 2024, upholds single bench order rejecting it

Expressing “shock and surprise” that someone can be excommunicated from his religious community in 2024, the Calcutta High Court on Monday dismissed an appeal by a gurdwara in the city.

A division bench presided by Chief Justice T S Sivagnanam observed that excommunication is a serious disease which was deep-rooted in ancient India.

“The court is shocked and surprised to find that in the year 2024, the appellants being office-bearers of a Sangat can pass an order ex-communicating the writ petitioner,” the bench said.

The court held that a single bench was fully justified in allowing the petition of Sardar Lalu Singh challenging the ex-communication decision

against him by the Gurdwara Chhota Sikh Sangat and also in imposing a fine on it.

The division bench rejected the appeal by office-bearers of the Sangat. Singh was excommunicated over a dispute between his son and daughter-in-law, with the Sangat holding that he had not done anything to resolve it. A visibly annoyed Chief Justice Sivagnanam said that the appellant office-bearers do not deserve to stay in

their houses, but in correctional homes and also warned that the court would order their arrest if they do not take corrective steps. The court said that it is more surprising that that matter has surfaced in the community to which the appellants belong.

Stating that he did not expect this to come from an organisation or the community to which the appellants belong, the Chief Justice verbally observed, “They are persons who are known for their valour and commitment and in the Indian Army there is a Sikh regiment.”

The division bench said that the Sangat had no business to interfere into the internal matters of a family and compel the father to settle the dispute.

The court asked whether people are living in barbaric times or in the year 2024.

Rejecting a prayer for deleting the fine of Rs 50,000 each imposed on the three officebearers by the single bench of Justice Sabyasachi Bhattacharyya for causing severe harassment and trauma to Singh, the division bench reduced it to Rs 25,000 each for the three appellants. The division bench, also comprising Justice Hiranmay Bhattacharyya, directed Singh to donate the said amount to the gurdwara as undertaken by him.