Case: Shiromani Gurudwara Prabhandhak Committee, Amritsar Vs. Mahant Kirpa Ram and Others

About 56 persons residing in village Mahal Khurd and professing Sikh religion made an application to the Government of Punjab on December 23, 1960 requesting the Government to declare the institution more particularly described in the application as a Sikh Gurdwara. This application was published in the Official Gazette whereupon Mahant Kirpa Ram respondent No. 1 (respondent for short) filed objections under Sec. 8 of the Act contending that the institution was not a Sikh Gurdwara and that he was entitled to raise that contention because he was the holder of hereditary office of mahant of theapplication was forwarded under Sec. 14 to the Sikh Gurdwara Tribunal set up under the Act. Upon rival contentions the Tribunal framed two issues asIs the petitioner a hereditary office holder of the Gurdwara?2. Is the Gurdwara in dispute a SikhTribunal by its judgment dated January 21 , 1964 answered Issue No. 1 in favour of the respondent holding that he was a hereditary holder of the office of mahant of the institution. On Issue No. 2, the Tribunal held that the institution is a Sikh Gurdwara and is governed by therespondent preferred F.A.O. No. 59 of 1964 in the High Court of Punjab and Haryana at Chandigrah. A Division Bench of the High Court held that the institution upset was by Gulabdas for commemorating the memory of his Guru named Jad Guru. The High Court further held that the land on which the institution was set up with the grant of Muafi had been donated by a Muslim ruler named Rai Kala of Rai Kot in favour of Mahant Gulabdas. It was also held that the succession to the office of mahant is from Guru to Chela. After referring to various entries in the land records, it was held that way back in 1861 the institution was not only serving as a Gurdwara for the worship of Ganth Saheb but was also used as a Dera or lodging house for Sadhus or Faqirs of the Udasi Sect and that there was a duality of faiths in the institution. After taking all the aspects into consideration the High Court concluded that the institution in question was catering to the religious views a nd beliefs of both the sects amongst the local population and that therefore, the Tribunal was in error in declaring that it was a Sikh Gurdwara which would permit one of the communities to appropriate the institution to its exclusive us e and to deprive the other community or sect from the dual use to which the institution has been put ever since it was founded or established. Accordingly, the High Court allowed the appeal and set aside the declaration made by the Tribunal.Original applicants moved the High Court for a certificate under Art. 133(1) (a) and (c) of the Constitution which was numbered ss S.C.A. No. 96 of 1970. The High Court on receipt of a report as a result of enquiry directed by it , by its order dated January 8, 1971 rejected the application for certificate both under Art. 133 (1) (a) and (c). Thereupon the original applicants filed these two appeals by special leave; one against the decision of the High Court reversing the decision of the Tribunal and another against the order of the High Court rejecting the application for certificate.

Reasoning:
In our opinion, the view of the High Court is reasonable, proper and just on the evidence placed on record. There is evidence to show that Gulab Dass who founded the institution was an Udasi Faqir. It is satisfactorily established that the succession to the office of Mahant is from Guru to Chela. It appears that the expression Gurdwara qualifying the Dera of Udasis Bhekh in the Government records at a much later date. It is established that the original grant was by a Muslim ruler in favour of a Faqir and Sadhu of Udasi sect. On this evidence atleast a negative conclusion would satisfactorily emerge that the appellants have failed to prove that it was an institution set up for use by Sikhs for the purpose of publicanother stage it was observed that since the time of Siri Chand, the founder of Udasi sect there came into existence 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. It was also observed that the Udasis so far as the matter can be decided by beliefs and practices, are, from the point of view of Sikhs, schismatics who separated in the earliest days of the movement and never merged thereafter. It would thus appear that Udasis form an independent sect. They do venerate Sikh scriptures. There fore, in an institution of Udasis sect, one can visualise reading of Granth Sahib or veneration of Sikh scriptures. That itself is not decisive of the character of the institution. On the contrary, if the succession was from Guru to Chela and those Gurus were followers of Udasis faith and the institution was known as Dera of Udasi Bhekh and they followed some of the practices of Hindu traditional religion that would be completely destructive of the character of the institution as Sikh Gurdwara. In a very recent decision of this Court in Pritam Dass Mahant v. Shiromani Gurdwara Prabhandhak Committee(1) it has been held that mere reading of Granth Sahib or veneration of Sikh scriptures is not decisive of the character of the institution because Udasis are midway between Sikhs on the one hand and Hindus on the other and that the Udasis also venerate Granth Sahib. Earlier also this view has been consistently taken by this Court as will appear from the decision of this Court in Mahant Dharam Dass etc. v. The State of Punjab anddo not subscribe to idol worship and polytheism, n or do they have any Samadhi in their shrines. The teaching of Sikhs was against asceticism. They believe in Guru Granth Sahib, which is a Rosary of sacred poems, exhortations etc. During the time of the Sikh Gurus, the Gurdwaras were under their direct supervision and control or under their Masends or missionary agents. After the death of Guru Gobind Singh the Panth is recognised as the corporate representative of the Guru on earth and thereafter they were managed by the Panth through their Granthis and other sewadars who were under direct supervision of the local Sangat or congregation. During Mahraja Ranjit Singhs time Sikhism became the religion of the State and large estates and Jagirs were granted to the Gurdwaras apart from the Jagirs which had been earlier granted during the Mughal period. The position of the Gurdwaras changed during British regime. The Mahants who were in charge of the Sikh Gurdwaras could either be a Sikh Mahant or Udasithus clearly appears that the appraisal of the evidence by the High Court is correct and unexceptional and weight of the evidence discloses that the institution in question was not shown to have been established for use by Sikhs for the purpose of public worship and therefore one of the material conditions for attracting Sec. 16(2)(iii) of the Act is not established. It is immaterial that at the time of presentation of the petition it was, along with the follower of Udasi sect used for worship of Granth Sahib by the Sikhs. We broadly agree with the view taken by the High Court