Swamy files PIL in HC on Char Dham shrine board formation

MOVES COURT In his petition, Bharatiya Janata Party leader challenges constitutional validity of Uttarakhand Char Dham Devasthanam Management Act, 2019

DEHRADUN: Senior BJP leader Subramanian Swamy on Monday filed a public interest litigation (PIL) in the Uttarakhand high court against the formation of the Char Dham Devasthanam Board for management of Char Dhams and 51 other temples in the Himalayan state, said Swamy’s counsel Manisha Bhandari.

She said the PIL is likely to come up for hearing in next two days.

Swamy also tweeted on Monday, “Tomorrow I expect to appear before Uttarakhand HC with the Writ Petition to seek the quashing of the State Government’s Act to take over the main temples of the State. This Act is wholly mischievous , unconstitutional, and against the ideology of Hindutva”

Bhandari said the PIL challenges the constitutional validity of the Uttarakhand Char Dham Devasthanam Management Act, 2019 , by which the administration and control of Hindu religious institutions has been taken over by the state Government of Uttarakhand or by any authority functioning under the State government. “This action of the state government is ultra vires (beyond one’s legal power or authority) under Articles 14, 25, 26 and 31-A of the Constitution of India”, she said.

Bhandari said the PIL states that “the management of temple for more than reasonable period and in perpetual succession is in violation of Article 25 and 26 of the Constitution of India. In the larger aspect of secularism, right to worship and manage our own religious affairs is a guarantee of the Constitution of India which has to be enforced by the Courts and the Government”.

On February 10, , a four-member delegation of priest body from the state met Swamy and submitted different documents needed for the PIL along with a copy of the notification of the Char Dham Devasthanam Management Act 2019.

On that very day, Swamy tweeted, “Many worshippers of the 51 temples of Uttarakhand have been meeting me since the Uttarakhand BJP government has nationalized all these temples!! The Uttarakhand attorneygeneral should have consulted me before the state government carrying out this illegal act. Hence I have to file a PIL in the Uttarakhand High Court.”

Harish Dimri, general secretary of Devbhoomi Tirth Purohit Rights Mahapanchayat of Uttarakhand who had met Swamy last month, said if the government wanted to take over the temples, then why did they include just 51 temples and not all the temples.

“The prayer rituals of all the temples are different and those who had been guarding the traditions of these temples, their views itself were not sought by the state government”, said Dimri.

Last month, after Governor Baby Rani Maurya gave her assent for the Char Dham Devasthanam Management Act 2019 priests’ body had threatened that they will move the Uttarakhnad High Court against the Act.

The Char Dham Devasthanam Management Board would manage 51 temples including the Char Dham shrines. This move was met by major backlash from the priest community who alleged that they were kept in the dark about the law. They alleged that the government took such a step to sideline them and ensure full government control of temple related issues.

In December last year, the Uttarakhand state assembly had passed the Char Dham Shrine Management Board Bill with a small change in its name by replacing the word ‘Shrine’ with ‘Devasthanam’ on the last day of winter session.

This move was met by major backlash from the priest community who alleged that they were kept in the dark about the law. They alleged that the government took such a step to sideline them and ensure full government control of temple related issues. Representatives from the priest body had also gheraoed the state assembly in December protesting against the law.