Case: Mahant Harnam Singh, Chela Ofbhai Narain Singh Vs. Gurdial Singh &amp; Anr

Sadhus started as a section of Sikhs who were followers of Guru Gobind Singh, but, subsequently, in the period of about 300 years that has since elapsed, they have veered away from the Sikh religion. That is why, after giving their historical origin, Macauliffe expressed the opinion that Nirmalas were only nominally Sikhs. In Maclagans Census Report also it was mentioned that Nirmala Sadhus are treated as Sikhs in some places, while in other places they are returned as Hindus. He has mentioned the Districts in Punjab where they are returned mainly as Hindus, and others where they were considered as Sikhs. Faridkot, the District with in which the institution with which we are concerned is situated, is mentioned as a place where they are regarded as Hindus and in the census they have been returned as such. In these circumstances, we do not think that this material by itself, which the High Court culled out of the judgment of Bhide, J., could properly lead to the inference that Nirmalas are Sikhs.10. Bhide. J., quoted Sir Edward Maclagans Census Report in greater detail and mentioned how in that Census Report there was a description that the Nirmala Sadhus were at first devoted to the regulations of Gobind Singh, but their taste for Sanskrit literature led them to imbibe the principles of the Vedanta and to re-adopt many of the customs of the Shastras. They gave up the use of meat and spirts and they adopted the dress of the Indian faqir which was strictly prohibited to the true followers of Guru Gobind Singh. They had so far deviated from the orthodox Sikhs that they were hardly distinguishable from the Udasi followers of Nanak. They were looked on as unorthodox by most true Sikhs and it was also observed that more of them were returned in the census as Hindus than as Sikhs. Then the "Glossary of the Tribes and Castes of the Punjab and N. W. f. Province" by H.A. Rose contained a statement that the Nirmalas, having adhered to the study of the orthodox Hindu scriptures, had lost touch with Sikhism.In Omans "Mystics Ascetics, and Saints of India" Nirmalas were described as followers of "Vedanta philosophy". From all these authorities an inference clearly follows that Nirmalas have a close affinity to Hindus and in the Census Report for the Punjab for the year 1891 a large number of Nirmalas actually declared themselves as Hindus. Bhide, J., on these materials, rightly came to the conclusion that Nirmala Sadhus are not Sikhs.11. Further, in this case, there was material showing that this institution at Jhandawala was registered as one of the branches of the principal institution of Nirmala Sadhus known as the Panchayati Akhara situated at Kankhal near Hardwar. There was further evidence showing that in this institution the wordship is primarily of a Samadh which is against all tenets of the Sikh religion. Nirmala Sadhus, it appears, as a class worship at Samadhs which goes to show that they can no longer be regarded as people following the Sikh religion. In their beliefs and practices, the Nirmala Sadhus are now quite akin to Udasis, and there is a series of cases which has laid down that members of the Udasi sect are not Sikhs. We need only mention the view expressed by the Privy Council in Hem Singh v. Basant Das, 63 Ind App 180: (AIR 1936 PC 93 ), holding that"parallel with the growth of this movement, there seems from the time of Siri Chand, Nanaks son, to have been a sect of Udasis who, while using the same sacred writings as the Sikhs, kept up much more of the old Hindu practices, followed asceticism, were given to the veneration of samadhs and tombs, and continued the Hindu rites concerning birth, marriage, and Shradh..... the Udasis, so far as the matter can be decided by beliefs and practices, are, from the point of view of Sikhs, schismaties who separated in the earliest days of the movement and never merged thereafter".Relying on these observations of the Privy Council, the Lahore High Court in Ishar Das v. Mohan Singh AIR 1939 Lah 239, held:"It is clearly established in the present case that this is an Udasi institution and that the Sikhs have nothing to do with it except that they may have gone there to listen to the reading of the Sikh scriptures, which is also done by the Udasis."These decisions clearly indicate the principle that, though the Sikh Guru Granth Sahib is read in the shrines managed by the members of the Udasi sect, that was not enough to hold that those shrines were Sikh Gurdwaras.In the case before us, the mere fact that at some stage there was a Guru Granth Sahib in this Dera cannot thus lead to any conclusion that this institution was meant for, or belonged ro, the followers of the Sikh religion. Clearly, the Dera was maintained for an entirely distinct sect known as the Nirmala Sadhus who cannot be regarded as Sikhs and, consequently, in their mere capacity of followers of Sikh religion residing in village Jhandawala, the plaintiffs/ respondents could not v be held to have such an interest as could entitle them to institute the suit under S. 92 of the Code of Civil Procedure. The judgment of the High Court has to be set aside on this ground.12. In view of the fact that we are holding that this suit was not instituted properly by persons interested as required by Sec. 92, C.P. C., we consider it unnecessary to express any opinion at all on the second main point decided against the appellant by the High Court, viz., that there were sufficient grounds for the removal of the appellant from the office of the Mahant. In this case it is not at all necessary to record any finding on that aspect of the case and consequently, we refrain from commenting on the finding recorded by the High Court on this question.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]6. As we have indicated earlier, in the plaint the plaintiffs claimed interest in the trust property in their capacity of representatives of the owners of the land situated at village Jhandawala and of residents of village Jhandawala. The findings of fact recorded show that the land, which was donated to this institution, was given by the inferior owners of this village out of their joint land. The plaintiffs respondents did show that they were Lambardars in the village but no attempt has been made at any stage to prove that any of the two plaintiffs was an inferior owner of land situated in this village, or that he was a descendant or a successor in-interest of any of the inferior owners who donated the land to this institution in the year 1904. The mere capacity as Lambardars does not entitle the plaintiffs respondents to claim that they are representatives of the inferior owners of the land who donated the land to this institution The second ground of claim was that the plaintiffs/respondents were residents of village Jhandawala, but, again, there is no pleading and no evidence tendered to show that the residents of village Jhandawala in general had any such interest in this trust which could entitle them to institute such a suit. The only allegation was that a Langar used to be run in this institution where free kitchen was provided to visitors, It was nowhere stated that any such free kitchen was being run for the general residents of village Jhandawala who could, as of right, claim to be fed in the Langar. Mere residence in a village where free kitchen is being run for providing food to visitors does not create any interest in the residents of the village of such a nature as to claim that they can institute a suit for the removal of thewith the view expressed by the Privy Council, we hold that in the present case the plaintiffs/respondents, who were merely Lambardars and residents of village Jhandawala, had, in those capacities, no such interest as could entitle them to institute thisit appears that during the trial of the suit as well as in the appeal before the High Court, the claim of the plaintiffs that they had an interest entitling them to institute the suit was actually presses and examined on thisare unable to agree that these passages relied upon by the High Court are enough to lead to an inference that Nirmala Sadhus are Sikhs and they still retain the essential characteristics of the Sikh faith. It is true that, in their origin, Nirmala Sadhus started as a section of Sikhs who were followers of Guru Gobind Singh, but, subsequently, in the period of about 300 years that has since elapsed, they have veered away from the Sikh religion. That is why, after giving their historical origin, Macauliffe expressed the opinion that Nirmalas were only nominally Sikhs. In Maclagans Census Report also it was mentioned that Nirmala Sadhus are treated as Sikhs in some places, while in other places they are returned as Hindus. He has mentioned the Districts in Punjab where they are returned mainly as Hindus, and others where they were considered as Sikhs. Faridkot, the District with in which the institution with which we are concerned is situated, is mentioned as a place where they are regarded as Hindus and in the census they have been returned as such. In these circumstances, we do not think that this material by itself, which the High Court culled out of the judgment of Bhide, J., could properly lead to the inference that Nirmalas are Sikhs.Sikhs.11. Further, in this case, there was material showing that this institution at Jhandawala was registered as one of the branches of the principal institution of Nirmala Sadhus known as the Panchayati Akhara situated at Kankhal near Hardwar. There was further evidence showing that in this institution the wordship is primarily of a Samadh which is against all tenets of the Sikh religion. Nirmala Sadhus, it appears, as a class worship at Samadhs which goes to show that they can no longer be regarded as people following the Sikhdecisions clearly indicate the principle that, though the Sikh Guru Granth Sahib is read in the shrines managed by the members of the Udasi sect, that was not enough to hold that those shrines were Sikh Gurdwaras.In the case before us, the mere fact that at some stage there was a Guru Granth Sahib in this Dera cannot thus lead to any conclusion that this institution was meant for, or belonged ro, the followers of the Sikh religion. Clearly, the Dera was maintained for an entirely distinct sect known as the Nirmala Sadhus who cannot be regarded as Sikhs and, consequently, in their mere capacity of followers of Sikh religion residing in village Jhandawala, the plaintiffs/ respondents could not v be held to have such an interest as could entitle them to institute the suit under S. 92 of theCode of Civil Procedure. The judgment of the High Court has to be set aside on this ground.12. In view of the fact that we are holding that this suit was not instituted properly by persons interested as required by Sec. 92, C.P. C., we consider it unnecessary to express any opinion at all on the second main point decided against the appellant by the High Court, viz., that there were sufficient grounds for the removal of the appellant from the office of the Mahant. In this case it is not at all necessary to record any finding on that aspect of the case and consequently, we refrain from commenting on the finding recorded by the High Court on this question.