Secular mind should be applied while dealing with issues related to religion: Bombay High Court

 on 03 02 2021 on 08 02 Cri. W.P. No. 691 19 1IN THE HIGH COURT AT BOMBAYAPPELLATE SIDE BENCH AT AURANGABADCRIMINAL WRIT PETITION NO. 691 OF 2019Shri. Namdev Sahebrao GaradAge 52 years Occu. Social Workerand Agri. R o. At post Mohote Tq. Pathardi Dist. Ahmednagar.....Petitioner.Versus1.The State of MaharashtraThrough its Principal Secretary Home Department Mantralaya Mumbai 32.2.The Inspector General of PolicePolice Mukhyalaya Mumbai.3.The Superintendent of Police Ahmednagar Dist. Ahmednagar.4.The Police Inspector Pathardi Police Station Pathardi Tal. Pathardi Dist. Ahmednagar.5.Shri. Jagadamba Devi Sarvajanik Trust Mohote Taluka Pathardi Dist. Ahmednagar.(Through its Chief Executive Ofcere....Respondents.Mr. A.S. Kale h f. Mr. Talekar and Associates Advocate for petitioner.Mr. M.M. Nerlikar APP for respondent Nos. 1 to 4.Mr. Rajendra S. Deshmukh Senior Counsel for respondent No. 5. CORAM : T.V. NALAWADE AND M.G. SEWLIKAR JJ.RESERVED ON : 15 01 2021PRONOUNCED ON : 03 02 2021JUDGMENT :and those provisionscannot be fouted by anybody. Reliance was also placed by thelearned Senior Counsel on observations made by the Apex Court inother case reported as AIR 1954 SUPREME COURT 388the distinction between clauseThe submission made that there is alternate remedy isnot acceptable in the present matter for some reasons already given.All the authorities are virtually avoiding to take action and thematters are pending before the authorities for years together. 19eOn the other hand the learned counsel representing thepetitioner placed reliance on following cases :decidedon 22.8.2019(iii)MANU SC 0162 2011(iv)MANU SC 0933 2016(v)AIR 1965 SC 16513 Supreme Court Cases 655dated 5.1.2021. This Court hasconsidered the efect of the aforesaid Black Magic Act. Object of theAct is quoted at para No. 17 of the decision and it is as under : “17The object of the Black Magic Act is asunder:“An Act to bring social awakening and awarenessin the society and to create a healthy and safesocial environment with a view to protect thecommon people in the society against the evil andsinister practices thriving on ignorance and tocombat and eradicate human sacrifce and otherinhuman evil sinister and aghori practicespropagated in the name of so called supernaturalor magical powers or evil spirits commonly knownas black magic by conmen with sinister motive ofexploiting the common people in the society andthereby destroying the very social fbre of thesociety and for matters connected therewith orincidental thereto.” The relevant defnitions from the Black Magic Act areas under:“2.[T.V. NALAWADE J.] After pronouncement of judgment learned SeniorCounsel Shri. Deshmukh requested for stay to the operative order.On many occasions this Court expressed that the counsel appointedby the trust need to protect the interest of the trust. Today also thelearned Senior Counsel is attempting to protect the interest of thetrustees and not the trust. Giving stay to the order will amount togive protection to the accused and it will be against the religiousendowment. So such relief is refused. [T.V. NALAWADE J.]ssc 

Summary: Official authorities are sometimes afraid to get involved in the religious issues and take any action because it could be viewed against God; So, Bombay High Court while giving the judgment in the case of Namdev Sahebrao Garad vs. The State of Maharashtra [Criminal Writ Petition no. 691 of 2019] stated that the police and the other officials should work with secular mind and scientific approach while dealing with religious matters. The judgment was presided over by the bench of Hon’ble Justice T.V Nalawade and Justice M.G Sewalikar. In the instant case, the appellant had lodged an FIR against the trustees of Jagdamba Devi Sarvajanik Trust, Aurangabad for misusing the funds of the trust. It was contended that some illegal acts were committed by the trustees which involved burying of around 2 kgs of Gold and the amount of Rs 25 lacs for some yantra ceremony and the auditor appointed for the same was corrupt and wasn’t qualified enough to do the audit of the trust. It was argued that instead of utilizing the income of the endowment for the purposes given in the scheme and making an attempt of upliftment of poor and needy persons and for providing amenities to the devotees, the illegal activity was done and that was not permissible under the scheme of the trust. The Petitioner stated that he tried to disclose all the illegal activities in front of the officials several times but no action was taken against the trustees because they were afraid. The Respondent’s counsel argued that the petitioner was making false allegations against the trust and the trustees, just because he wasn’t part of the trust anymore. They stated that in the enquiry held by Maharashtra Public Trust, nothing was revealed there forth. Court noted that the trustees used “hurting of religious feeling” as a shield for whoever came to question the management of the trust. It was observed that in total around Rs 1 crore funds were lost and were disposed illegally which couldn’t we considered as one-time irregularity. Hence, HC came to the conclusion that the illegal acts of the trustees fall into the arena of prohibited acts mentioned under Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act which are not permitted by the Maharashtra Public Trust Act. The HC bench also stated that the officials and the police should not get afraid from being involved in religious matters, but should work with secular mind and have a scientific approach.