' ..

II ,

PRITAM DASS MAHANT

v ..

• SHI~OMANI GURUDWARA. PRABANDHAK COMMlTTEE

ianua; y 16, 1984 - ' \ .

[D. A, , DESAI, R. B. MISRA AND RANGANATH MISRA; JJ.] ,

' ' . _)~ 'Sikh Gurudara Act, 1925, as a1J1e11ded by the A111end111e11t Act I of 1959- SeCtion 16(2)-WIJtfler the institution Dera Bhai Bhagtu wGs a Sikh Gu'rudwara?.

Whethef mere recittiotz of Guru Granth Sahib withotit anyihing nwre ?-Distin_ctive ieatures of Sikhism and Sikh te111ples-Court's ciuty to racord poSitive findings, in tet111§

OJ SectiOn 16-Appreciution of the evidence of a witness.- -Ti1e fact that he be!Ongs

to~ particll/ar polilial Party o~· the other does 1101, change .the veracity.a/ his.evidence. """'(

Sixfy five persons claimin~ to be meffibers f the 'Sikh community moved a:n application before the State Goverment under Section 7(1) of the Si, kh 'Gurudwara

Act, 1925 to hayea.ieligious institution in yillJ.ge Ramga:rh (also known <is Bbagtuana of. Faridkot tehsil, 9.eclared to. be a Sikh Gurud\vara:. -The State Goverrtment -nOti.fied the said applicatiori in the Punjab Governillent Gazette in terinS of Stion.

7(3) of thi.! Act on 18th October, 1963~ Upon this the appellant made ap application under Sectioi1s 8 atid 10 of ihe Act clain1ing that the institution was µota Sikh Guru- Y- 'dwara but an Udasi ii1stitution known as Dera Bhai Bhagtu. The applic'ation W?-s :-4.

_r:efetred tO the Sikh Gtirudwaratribunal for.adjudication. The petition Was esistcd

by the rsPOndcnt Shiron1ani Gurdwara Prabandhak coOOnittce on thi-cc groUnds:

~· (i) that, the <ip.pelbnt as not ompetent to move': hi:: petition urider section_ 7 or' t~ --I'--..

' Act as he was not a hereditary offi.Ce-holder, (ii) that the provisions of the Act arc noi ·. ultravjres the Constitution; and (iii) that thi"institution in disput~ was a· Sikh Guru- ,,,.. dwara. The Tribunal held against the respondCnt arid in favour of the -ppellant on Contention(!). Since the second Contention wasnot preSsed and the thfrd questio)l ' _was the

0 only issue, the Tribunal held-that the institution was a Sikh Gurudwara." ·

lnappal, ths Pu.1jab and Ha:ryana High Court confirnied the Tribunal's findings. :-t .Hence the appeal by Special Leave of the Court. . .

Allowing_ the appeal, the Court

HELD: 1.1. Thi religious institution, Dera Bhai Bhagtu is not Sikh Guru- 'dwara. on th~ materials on record: the findig~ recOrdd byt he Tribunal as well as the High COurt are wholly unsupportable to satisfy the tests indicated in Jaw for .deternlining.'thc character Of the institution ... l5_81D]

~ 1.2. -'The fiindings.of the High Court clearly shOw that the.four impo.rtant and ost relevant.aS_pects of the case as disclosed in. the eidence were comPlcteli oyerlooked.Or side-traked.by the "High Court. Thy are: (i' there a; c Satnadhs . on the premises of the institution; (ii) _there are idols and photos of Hindu _deities; (iii} Bhai Bhagtu was a Udasi' Saint; and (iv) suCcession was frcim Gurq, to. Chclai ) ' .. •·

' .

• . - ' ' PR!TAM DAss'v .• GURUDWARA l'RABANDHAK yOMMlTTEE 565

Th~ petition. filed by _the ppellat .under s.8 of the._ Act contained a clearavcnnent that the_ institution' had beeri set up.b)r.Bhai Bha£, tu who was a _:Udasi Saint and t4e presence of th.rc.c Sainadhs of (1).Bhai .Bhagtu, (2) Baba Para~ Rain Ji; and (3) Mahant Sahib"DassJi, was also asseitcd. In the written statement the resPondent, after' a vage denial, had admittedthe institution to have been founded by Bhai Bhagtu. Pritani Dass, the <ipPellant did support his case. OrdinarjlY his evidence would have been treated a'S interesied as he happens to be. the party b'ut his assertions ; "have ben _well corroborated."The same is sti:engtheied by the evidence of all-re!i_on~

dent's witnesses. The eVidence of witnesses cJe<i, rly indicates: (i) that there are atleast to samadhs in the premises. 'of the" institution,....one being of. Bhai Bhagtu and the other.of hi.s moth¢r; (ii) the. existence of the "idol or Baba Srichan~, the founder of the U<lasi Sect in the pre1biscs. clearly the Sikhs'\VOuld notpepnit the idol of Baba Srichand in a Gurudwaa, while Udasis would oi:"dinarily install such an idol to perptuate the neil1ory of the founder of heir sect; (ifi) the sucession .was from Guru to Chela; aUd (iv) there are photos of Hindu deities in. the institution. These faCtS without an.Ything n1ore .wOuld be sufficient to reject the case bf the respondent that the institutiOn is a Sikh GufudwaFa. [579A-C; G; 580G-HJ . ·. . .

/· . 1.4. Fron1 the verY fact thilt-Guru Granth sahib was fecited in he intitution 'i1ci support can b~ drawn for the claim that. the institution as a Sikh Gurudwara. lt is w.il established that Udasis are midway b"etween Sikhs on*-the ·.one band ilnd. t!1e 1-lindus on the other. Srichand son of Guru Nanak; the founder of Sikhism, 'had_ broken awa.Y and set up the Udsi sect. [581 B-C]. . . . . . ' . , .

. 2: I.

Although. for the -purpose of historical rcseafch and analysis on the subject like Sikhs arid Sikh tcrriPies., the forrn of a coitrt of Iii.w is not ideal,· yet, if the statute enjoins the coutt to decide such questions tfie court has gdt to dischar£c. . . ' t - ' ' . . the responsibility. [569D]. . . . · ·. ·- ·

2.2.

The court• has been called upon to decide whether the institution ill . ciuestion is a s.ikQ,, G:un.id wara:- While conSidcring this qu.estion the Court has to take into consideration all the cir.cu111stanceS. which favour or milita.te against the inStiWtion being.a Sikh Gurudwara . .In the vCry nature of thigs and ii1 view f the requirenients of Sub-s.(2) of s. 16 it become.s necessary to conSider whether the in- Stiiution_ being in charge of an udasi saint, the eisten& of samadhs. f Uda:; i saint~ and , W.orsh.ip thereof, o' the existnce of the id6ls and absence of a gr.lnthi<lnd sUcce~ sion t6 the ii:istitution from guru t6 chela_ are all relevant considc'rations and the Court has. to_ consider them if there. is evidenCe on th~ record. In the "instant. case. evidence h<is been ad_duced on behalf of the appellant abollt .the existence of sanH'l;(:lhs: and th;;: Various idols, the' ab_sence oi a granthi and succession to the.institution fion1 guru to chela.· The appellant cannot, therefore, be prevented from urging the aforesaid circumstance~. (573F-H.; 574A] ·

2.3.' Courts Ca.nnot discard "the ev.idc'iice Of itnsses. or" one side by s.in1ply saying thaf the oial testirnony is interested and 'hardly ally credible, -when witnesses on either side have come to depose on o.lth. Here, the grounds on Which the evidence. addllced on behalf of the appeftant bas been discarded may equa'.Ily aply to the evidence aduced On behalf of _the respondent. ·rhe Court should. h<ive considered the worth of"the evidenCe of each witness .and should have given reasons for dis be- . lieving the same on _merit.: A bald observati6ll that the Witrisses producid on behalf fo the _appe~!ailJ _are interested must oe deprecated:. The courts hd to decide te

, .

'" ....

question in,_view of .the provisions of sub-s.(2) of s'.16 of the_Act and they had to reJOrd a Positive finding inthe light of sub-s.(2) of s.16. Unless the ~14itn falls within one or the other of the catcgoiies enumei; ated in stib-scction(2) of s.16, the insti(utioi; cannotb.:: i:le~Jal:-ed to be-a ikh Gu_rdwara [577B-D; 578CJ . ·

 3.l. 0.1J. of thi 11iJ3t, r.i; citllting aspcts of Sikhisn1 fa the pro:.:.css which bcg<1.n with h:.i-.lll'l G..1iu~,·contl.'luo!d durin~ th; pcrjOd of duality iti which thefe . '.Were hun1:ttl Gun; ts and a collection of'sacred wrlti~1gs :and ended \Vith the prCsnel ""

situation ln which fl:lil' authority is cjo'incd _by-the sClipture. Jn. every rt:spcct the scripture is what the aurus \Vor~. [569GJ ' .

. . \ .. . , . aoth the Gur~1s t~(J the Book deserv~ i"espectt \Vhich they are accorded because of the Ban~ \Vhich 'they xpress, 'theord of divine truth." Therefore, it was possible fur Guru Adan, the fifth-in the hi1man line, to bow before the colli::ction vhich. he had cotnpiled ad .inst.ailed in the. newly.· built Darbar Sail.ib in jG04 for he was ac.kn.owledged the higher authority of the B:lni due 10 the'pec:sonal i111portance and "significance' 'v\lich he possessed as GUru .. [5691-l; 570AJ

. .

. .l'he. Sikh oLirus have n1uh }h co • .(nmon.W.iih thr preCeptors ip indian .. tradition.but .their history and contribution is. distinctive.

They~\verc 'not Bhihntins, they did not se~ their caliing to be that of expounding VCdas~ they taught in vCrna~ cu!a( n.it S;.nskrit ;1nd their n1essage was for everyone. Th.ey Were "ten in nutnber e'ach re_; naining f'ait, hfui to the teachingS of Guiu Nanak, the firSt Gufu arld when. lhcir line wis c;1ded by a conscious.·ctecision of Guri'.1 Gobind Singh, the1ast Guru,

suCession was ii1vesfod in a collCction of teachings .which' was given the title of Guru Gra!Hh Sahi6.This i~ now the G.uru Ofthe Sikhs. [570B-C]

' <; An iiripoi:ta1\t CharaCteristic of the teachings of the Siich Guius is thefr ciuphasis

upn the message, the Ba1; L 1t is this st1:ess .\\1hich rri<i..dc possible". the transfer o1 GurushiP to the sripture. The human Gurus .\cr1: the iristru1nents thrOugl1 whc1i1

tlic, voice of the God bea1ne audiblci. [57QDJ~

' . ', . . ..

The holiest book of th~ Sikhs ; s G~~U Grin th Sahib co111Pi!cd b; the Fifth ~; stCi,.

Guru.Ai:ia.11. 1t is t.he Bible of Siklis. After giving, his followi:rS a central plcc OJ worship, Hari-Ma:ndir, he wanted to give thein a holy 'book. So he collected the

hlnnS of the first four' Gurus and to "these he added his on. , Now this Sri Guru

Ganth Sahib is a living Gru of the Sikhs .. Guru mealls the gilid, c. Gur Granth ·. Slhib giYes .Jight and sho\VS the' path to. the suffering hun1anity. Wherever a believer in' Sikhism fa.in troub!~ OT is depressed he reads hyrii."ns from the Granth. WhenCver the Sikhs needed guidarice or couns(; il, they. should assemble before the d-ranth in all siricerity ad decide their future line of action in the light of teachings o.f tjlc

Mstcr, as' embodied ill the ci-ranth-. The noble ideas e1nbodi.cd in .the Granth would

iiv~ fot ever arid sho~ ve0plc .the path tO bfisss and-happiness. [570E-F; 571B]

 • 3.2. , Teinples re found almost in every reiigion but there .arc.'so1nc ilifferenc¢s bctwcen,, thc .Sikh ten1p1cs; and .. those Of other religlons. The. Sikh Qurudwaras have the follo\ving distinctive 'features: f57JCJ , , . f . '

L , Sikh. teinples ire nr the place of idol worship a.s the H:inqu temples.are. , . Ther~ is no, place for idol wOrship in a Gurudwara. The ntral object of worShiP

'. '

. '

 PRIIAM oAss.v GURUbw/,.RA, PRABANDHAK COMMITTEE .567'

in a GurudWar<i fa Stj Gur~ Granth Sakib; the hol.Y book. The pattern of wo-rShiP consist& of two 'main iteins: reading of the .holy hymnsfollOwed bY their cxplaiiation

by sorri~ learned n1oi.n; not necessa'rily a partiCular Grµthi .and thell singing of sOmC r..i.ssages fron1 the Holy Gra1itJJ.. The. fOr'ni.er is called Katha and the seco_nd is caJld l<irtau.--A Sikh thus .\vorship_s the 1-IoIY- Words that.are :Written in the Granth Sahib, . the word.S or shabada about ihe Etcrllal. Truth Or God.-No id'ol or painting of any

Guru can be ·.;,,, orshippcd. [571CD] ·, •

2: Sikh warship iii. tHc Gurudwara i_s a co~'rcgatiO.na:.l worship, whereas~ -Hilldu tniples an/meant for indivi<lLial worship,,.A ikh:does the individual \vors!UP 'rat ho1ne when hC recites- Gu:rbani daiiy. So~ scriptu.fes meant for this purpoe are . Japji; Jaap, Rcliras,' Kirtan So.hila.: Sa!1gat is the collectitc body of Sikhs who_ meet

every day in . the . Gurudwara. {571E-F] . . ' ' ·· ' ·. : · . ·, . " ' .

' 3. • Gurudwai:a is .a plaCe WhCre a cOpy of GutU Gr'anth Sa'l;, ib is inStalled. ·, • The Unique. and distinguishillg feture wold always be the Nishan Sahib, a fiagstff ,.

With a. yellow fla8; of .Sikhism flying. from it. This srvCs as a yn1boi of. the Sikh

'presnce. It enables the travellers, whether th6y. be Sikhs or not, to know where hOspitality is aviilabie. There rriay be. conip1exity Or rooms.· in a Gurudwara for the bail- ding may also. Se_rve <; lS 'a school, or, where children are taught the rudi.ments. o'r SikhisI_U .· .•. :a~ well as.a rest centte for travellers. Often there Will be a kitchen where food ~n.

-~ be prepared though_ langar itself might take place in the yawning. omees the Gurudwara will also be. usecfas a clinic. But itspivotal point is tho place of worship and .ihe .111a'in roo1n ilf be that in Which ihe Guru Granth Sahib .is installed where

- the comrrfunity g:a; thers for "diwan: Th~ focal pin, t_i°q thisroom ... Will be the bok itst:lf

, ' [571j3H; 572A]

3.3.. The sine qua. nJ11: for an i~Stitutio'n being a Sikh Gurudwara is that ihere should be esta.blishcid GLfru Granth Sahib and tl, le w.orship of the same by the con•• .gregatioll." aild a Nishan Sahib aS_indicated in the earlier part of the Judgment. ..

~ E, There may be other rooms of the. institution nleant fOr oth"er purposes but the crucial _test is the existence of Guru ·.Granih Sahib and the worship_.thereofby the Congrega- tion nd Nish<i.n.Sahib. It is'nOfnccesaty that.there lust bea.gra"nthi in a Ourud- .. :.wara. Any learned person, can, read Guru Granth Sahib and explain to the cong[e- · . . . ' . gation; .[572BC] . . > ... .

,'II Hem Silwfi and Others v. Basant Das & Anr. (1935,36) L.R. 631 rA 180; . . ,. . . . . ' ' ,.

F -Baw, a lshar Dass'& Others v. l)r. Mhan Singh.and Others, AIR 19"39 Lah .. 2~9

.,,~Arjan $1i1gh v. Inder .. DaJ:. 15 Lah. 4,47; · •

'Harnani Sir!'ih v.;, Gurdial-· Singh _[1967] ,2 SCR:7_39 .. ., ,, ' ' . . . . . ' .

Mahai11 Dharq.on [Jas e(c. v._ State of Pimjab & Ors. [l.9751 3. SCR 160 .

Solum Das v, Bela Singh & Ors. AIR 1934 Lab .. ISO . referred .fo • G

C1v1L APPELLATE Jii.R1SoICTioN : Civil Appeal No. 1983_of 1970 . . . . ' . , Fro.m Judgment and Decre dated 29-7·69 of the "Purijab & Haryana'; Eligh Curt in F.A.O, No. 35/66. :. ,, ·. .

. . ' • , '

, B

.. t

' '

, Naimit Ll, K. V{1sdev and .Mv. V. Gr()verfor the appellant.

V.M. Phadke and Harl>ans Singh for the responde1it.

' ' The Judgment of the court was deiivered by

• I •• • • MtSRA, J. The _present appeal by special leave is 'directed aginst the Judgment andord6r dated_ 29th July, ,1969 of the High Court of Punjab and Haryana at Chandigarh. ' . , .

The dispute in this appealcentres around a . religious institu- . : _., ._ tion in village; Ramgarh {also kn9wn. a Bhagtuaa), tehsil Faridkot, If district Bhatinda. This village was previously. in the erstwhile Nabha • ;: State which merged with Pepsu and after the reorganisation . of the States, became a part of the Punjab State in 1956. Sixty-(ive persons cfaiming to be members of the Sikh, community moved ai1 application. before the State Government under .s. 7 (!) of the Sikh Gurdwara Act._ "f 1925 (hereinafter referred to as the Act), .as ameiidecj by the Amend-· ment Act I of 1959, to have the institution deelared to be a Sikh Gurdwara. The State Goyernment notified the said applic'ation in the Punjab Gazette in l>rms of s. 7 (3) of the Act.on 18th 6ctober, 1963.

Upon th1s the appellant, made, al1 app'lication under SS. 8 and 10 of the Act claiming .that the institution was not a Sikh Gurdwara but an Udasi institution known as Dera Bhai B iagtu: This. application was ...4, referred by the State Government to the Sikh Gurdwara Tribunal for. adjudication. It was , cbntended by the appellant that throughout its kng history the institution has been an. Udasi institution. This ~" institution was not established for use by Sikhs for pub.lie worship. .• not was it founded in the memory ofa Sikh Martyr, saint or ahistorical person. It has never been used for public worship by the Sikhs. The institution wast he Dera of Udasi Bhekh and t!J, e objects of worship i' _ are idols of Gola ahib and of Baba Sricharid, and the various sama<!hs.

The petition was resisted by'the respondent Shiromani Gurdwara' . Prabandhak _Committeeon three' grounds: (l) that the app.ellant was . not competent to move the petition under s.7 of the Act because he

. was riot a hereditay office holder, (2) that the .provisions of the Act are not lira vires the Constitution, and (3) that the institution in dispute,

was a Sikh Gurwara. • . , : . · . . i . ' -. ' ' '

- ' On the pleadings _of tli.e parties the Tribunai framed three issnes": •.

(1) w!JFther the provisions of te Act are ultra: vires the Constitution,

·\.'

...

. ' '.· ,' . ·~ .· ·· .. ' .

PRL'fAM DA~S ·,., GURUDWARA PRABANDHAK COMMITTEE (Misra, J.) 569

(2) whetherth~ appellant iyas~ hereditary office holde~. and(3) whether the institution in dispute was a Sikh Guradwara. Issue No. 1 was notpressed and, therefore, the Tribunal in. conformity with. the previous decisions held the Pf<;>visions of th~ Act. to bf intra vires the.Constitution. On the second issue the Tribunal r<icorded a finding in favour of the appellant. On the third issue, the Tribunal held that the disputed institution was a Sikh Gurdwara.' ·

'B .

. The.app~Uant feeling aggrieved by the judgment of the Tribunal tooh up•ti, e matter in appeal to the High Court and the High Conrt in its turn confirmed the findings of the Trbunal and dismisse.d the . atppeal by the impugned judgment .. The appellant. has now comt; to . his Court on obtaining -special leave and the only issue that' survives for consideratfon by this Court is issue No.3 , that is; whether the : institution .in dispute is a Sikh Gurdwra. .

Befre .'dealing with the poin\s urged by the counsel forthe parties i.t woulli be appropriate at this stage to know tlie distinctive features.

c .

of Sikhism and Sikh temples. Althongh-for the purpose of historical D research and analysison such subject, the forum of a court of la.w is . not ideal yet if the statute enjoins the. Court to deci.de such c)uestions, . ·.the Cour.t has .got to discharge the respons1bility. Section 16 (1) of • the. Act. provides: . ·

"16 (!), NDtwithstandiiig anything contained in any

. E other law in force if in .. any .proceeding before a tribunal it is . , disputed that a gurdwara should or should not be declared to be a Sikh Gurdwara, the tribunal shall, before.enquiring into any

other matter in dispute. relating to the said gurdwara, de.cide whether it should or should not be declared a Sikh Gurdwara in. accordance with the provisions of sub-section (2)." .

F . . ' . .

;: .

One of the most fascinating aspets of Sikhism is the process which, ' began With human Gurus, continued during the period of duality in which there. were human Gurus and a collection of sacred ; vritings and ended with the present situation in which full autliority is 'enjoined by the scripture. In. every respect the scripture is what the Gurus ; vere. . ,_ . . - . . .. .

. .. ' -

- . . . . ; . . - · Both the. Gurus. and the Book deserve respect, which they are : aceorded becau.se of the Bani which they express, the word of divine

truth: Therefore; it was possible for Guru Arjan'; the fifth in 'the human line to bow before the collection which he had compiled and installed • , • • '' • < • ' • - • -· ' H

. 570

. .

' .{ . . ' . . in' the<imvly bui.lt Darbar Sahib in 1604 for , he was acknowledged the highe,· au\hoiity of tho Bliliduo to the p'Tsonal 'importance and ·significance which he. possessed as Gur~ .

. ' The 'Sikh Gurus have much in con\mon \Vith. other preceptors in Inqiantraditio.n but their htory and contribution is distinctive, They were. not Brahmins, they cl.id not sc; e .their calling lo be that of expoi111~.i!1g Vedas, they taught in vernacular not Sanskrit and their message was for everyone: They" were .ten in number each remaining . faithful to the teachings of Guru Nanak, the first Guru and \\'hen their line \yas c1; ded, tiy. a conscious decision of Guru Gobind Singh, the last Guru, successin was invested in a co!lectfon of teachings which was given 'the :title of Guru Gra'nth Sahib. This 1s is no;.v the Guru of the . ' ' . .

Sikhs.. '

, An important characteristic of the teachings of the .Sikh Gurus . is thir emphasis upon .the .message, the Bani. It is tliis stress which ma.de possible the transfer of Guruship to the scriptur.e. The human Gurus were the instruinenis through whom the voice of God became audible_, . ' r • • . • • . . • •.

The holiet book' of tl; e Sikhs is Guru Gra;1th Sahib compiled by the Fifth Mater, Guru Arjan. It is the Bible of Sikhs. After givillg his 1follo\Vers a central place of worship, Hari-mandir, he wanted to i:; ivethem a holy bo.ok. So he collected the hymns of the first four Gurus" and to these he addCd his own: Now this. Sri Guru Granth, Sahib is a living Guru of.the .. Sikhs. Guru means the guide. Guru' . Graqth Sahib gives light and shows the path to.the suffering humanity. , Whetevera believer in"-Sikhism is in trouble or is depressed he rads

~)'.]llll~ from the Granth. · · ·

- When Guru Gobind Singh felt "that his worldly sojeurn was .. near, he niade the fact known to his disciples. The disciple~ asked him as. to who. would be t.heir Guru in future; The Guru immediately ' placed five pies and a coconut b.efore the holy Granth, bowed his head

e.fore it and said:-· ' , ·

. : '~The Eternai Father willed, and I raised the Panth. . • .

All ipY Sikhs are ordained to believe the Grant? is their preceptor. ·

!fuve faith in the-holy Grailth as yolir .Master andco nsider it~ lhe visible manifestation. of the. Gurus.· He who hath a pl!re heart will seek guidance from its holy W?rds".

...

• PRITAM nAss v. dUJiDWARA i>RABANDHAK COMMITEE(Misra, J.) 571 '

- .. ~- ' .. . . '• . . '.. ·. . .. . . ""'

_;), . The Guru repeated thse ords and told the di; ciples. not to A . grieve at his departure. H ."was true thaHhey wculd. not see, hi~ body

 .in its physical manifestation but .he wJuld be ever present among the Khalsas. Whenever the: Sikhs needed.giiidance or. counsel, tney should · assemble liefore the Gr.anth in all sincerity and dec{de their future line of ction in tho light of teachi;1gs or the Master, as embodied in the Granth, Tho noble ideas emboc(ied i.~ th~ Granth would:live for ever B artd show people the pati, to bliss and happiness. '

. . .

Temple.s are fou.nd almost incvrv teligion but there. are s; me differences between the Sikh temples and th6se of other religions. The Sikh Gurdwars have the foll(iwing distinctive .features:

~ ..

'i. , Sikh temples are n:it the place of id0l worship as the Hindu .temples are. There is no place for idol. worship 'in a Gurdwm:a. The .central object of worship in a Gurdwara isSri Guru Granth Sahib, the

holy. book. TJ"te paitern ofwJrship conists of two main items: reading of the holy hymns followed by their explanation by some learned man, . . . . . not necessarily a particular Granthi and .then singing of some passage~ from the Holy Granth.' Th; forme"r is called Katha .and the second is; cal)ed Ki\tan. A Sikh thus worships the Hofy Words thtpre wrilfon ' in the.Granth SJhib, the Words or Shabada about the Eternal Truth ·.or God: No idol or painting of any Gu; u ca1.1 be worshippecl.. .

2 .. Sikh worship.in the Gurd;,, ara is a congregational worship, " \.. .• whereas Hindu temples arc meant for individual worship .. A Sikh ~.oes

''. ., -, the indivic.ual.worship at home when he rcitcs Gurbani daily: Some ·

scriptures meantfor, this purpose are Japji, Jaap, Rehras .. KirtanSohila.

Sangat Is tl1ecollectivc body of-Sikhs who meet every day in the Gurd•

' . ' - ' . .

wara .. .\ . ·,\·

. , 3 .. Gurdwara is a place where a copy of' Guru-Granth Sahib is installed. The unique'and distinguishing fature would always. be. the "Nishail Sahib, a flagtaff with a yellow flag of Sikhism flyin'g from it.

This serves a:l'a symbol of.th~ Sikh presence. It enables the travellers,_ whether they be Sikhs r nt, to know where hospitality is .aailable. ·· There may be complexity of rooms in a.Gurdwara for the. building

rti.yalsoserve as' a schooi, or where children are taughi the .. rudiments

of Sikhism as welhis a rest centre for travellers.

Often •ihere will be ·. a )dtehen where food can'be.prep3red though Jnngar itself might ti.kc place iii the yawning. So.metimes tlie Gurdwara will also be used as a clinic, But its pivotal point is the place of worship.and the main room .. . - . . .. ..

: E

will be tl{at in hich the Guru Granth Sahib is installed where the

.· communiiy gathers. for diwar!.: _The. focaf poi.nt in this room will .be the book itself. ·

From the foregoing discussion it is evident that the sine qua non for an' institution befog a Sikh Gutdwara is that there spould be established Guru Granth Sahib and the worship; of the same. by the congregation, and a Nishan Sahib as indicated in the. earlier part of the judgment:'There may be .other rooms of the institution meant. for . . other purposes but the crucial test is the existence o.f Guru Granth

Sahi.b and the worship therebf by the congregation and Nishan Sahib.

It is not ncssary th.at there must be a granthi in a Gurdwara. Any learned person can read Guru Granth Sahib and explain to the-congregation.

With this preliminary about the distinctive features of a Sikh _temple we proceed to deal with the contentions of the counsel for the parties. ·. ·

• ' Shri Nlunit Lal, counsel for the appellant contend.ed that the High. Court has misread the evidence and that'has itiated its finding.

He referred to the material porticns .o(the judgment and , the evidence of the parties to support. his contention. On perµsal of. the judgment.· and the r~Jevant evidence we do not find any misreading of evidence by the IJ:igh Court: This contention, therefore, has no .force. We, however, nnd that the High Court proceeded on the assumption that. adniittedly Bhai Bhagtu was a Sikh saint ana that the disputed institu-. tion was established in his memory. This would be evident from' the f9llwing observation made by he High .Court.

l . /,

"On an overall coilsideration of this aspect we are ina, clined to• accept the contention cf Mr.

Shan!· that admittedly Bhai.Bagt_u was a Sikh saint and this. institution was' established in !is memory arid as such the case of the respondent wauld •

als~, come within the amblf of s. 16 (2) (iv) of the• Sikl1 Gun\- . . dwrira Act". , • "' '

But this observatibn is not warranted from the pleadings or the the evidence of the parties. Pritam Dass, the appellant, as P.W.S, in

his deposi\ion has categorically stated: ''Bhai Bhagtu was an- Uda.si Fahir" . .In the pleasdings also .the appellant set up that Bhai 1\hagtu was.an Udasi saint. and the in.stitution was a Dera of the Udasi sect, . i . . . . . . -' . . .

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PR!TAMDASS.V; GURUDWARA PRABANHDAK COMMITTEE (Mi<ra, J.) 573 . . . '

. . . .· '. . . while the respondent, on the. other hand, in its reply sta!e<l that Bhai Bhagtu was a Sikh aint and. the institution was established In the momory of that Sikh saint. In this state of pleadings and the evidence , adduced by the. parties.it will not be corr, eGt to say that admittedly Bhai Bhagtu was a Sikhsaint and that this institution was established in his memory. Rthe~ this was the only disputed question to bfi decided bv the Court. Thus while holding, that there is no misreading of evidence we find that. there is misreacjing of the pleadin¥s of the parties.

It was next cotended for the appellaf\t that ihe appellant 6f udasi set being incharge of the institution in question, the succession to the institution being from Guru to Che la, the institution. being recor ded as Dera of Udasf'sect in sme of the revenue recods, the existence and worship of 'vario.us fdJ'ls.and sainadhs within the .precincts, of the institution and the absence of a: granthi in the institution are all ip.-compatihle wi.th the institution being a Sikh Guidwara.

• .. ' .Shri M:. N. Phadke appering for. the respondent n th.e other harid has contended that'(!) the points which were never urged in the courts below could not'.be allowed t0 be raised for the first time in this c;; ourt; (2) in a11y 'case the existenoe ofsaniadhs ai; cl. idols within the precinots of the institution and thl worship thereof, and the absence. of a granthi and the ; uccession to the institution from guru to chela are not destructiv;'of the institution being a Sikh Gurdwara; (3) the finding of the H.igh Co.urt that the institutiofl in question is a il<h Qurdwara is fully warranted by.the .evidence on record, and (4) the nature of the institution has to be decidedi'n•the light of sub-s.: (2) of s. 16 of the Sikh Gurdwara Act. · . '•

The Co.urt has been clled upon to. decide whether te institution in question is a Sikh Gurdwara. While. considering this question the

Court has to take into consideration all the circumstaces which favour or militate against the institution ing a Sikh Gurdwara. In the v; ry nature of things arid in view of the requirements of sub-s. (2) of s. 16 it blcomes necessary to consider whether the institution being in charge of an Uadasi saint, the existence of samadhs o(Udasi saints at\d worship:thereof, or the existence-'of the' iclbls and. absene of a' granthi and succession to the institution from guru to chela itre all rnlevant consideratio, ns anil the court has to consid" them ifthere is evi<; lence on the record. rri the instant case evi~.ence has beenadducd on behalf of the appealla., nt abut the existece of samadhs and the various idols, the absence of a granthi and suc9ession to the i.nstitution . .. . . . - . ~

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SUPREME COURT REPORTS. [lcJ~4l 2 s.c.~.

A from guru to chela. We see no reason why the appeallant be prevented •. froni'. -urging the aforesad c!rcumstances, ' ~

Ch tho quostion whether the existence of samadhs and of the . - . # . idols and the absence of a granthi or succession to the institutioil from 'gunl'to chela militates aginst the institution being a Sikh Gunl.wara the counsel for the parties have dduced evidenc.e iii support .of .tleir respective contentions. The counsel for. the parties have also cited cases insupport of. their re.spectie conteritios. .·. ·

" ..The counel for the appellat relied' on' Hem Si;1gh & Ors. v. . JJa.<ant Das & Anr<ll, In that case the qustion for consideratoin was .

whether Udasis are Sikhs. The courfhcld that Udasis areno't Sikhs for the purpose~ of .Sikh Gurdwara Act. Although Guru Nanak founded Sikhism as a new religion by sweeping awaf idofatry and polytheism, Sri Chand; "the son of Guru Naiiak the founder of the Udasis, was hhnself not a Sikh but a Hindu. No rcconciliatlpn bet\Veen the Sikhs and the U<hsis ever took place. The Udasis are in consequence not Sikhs,· hut. schismatics who separated in. the earliest days of Sikhi.si.n and never morged with the foliowors of the .Gurus. .. , ' . .

, Reliance was next placed upon Bawa lshar Dass & Ors. v: Dr. Mohan Singh & . Ors<" The .. Court h.eld: ·

. '""it. has' been established that the ·.Mahants- have all along been Udasis, 'that the-institution was an Udasi monastery, that.the Guru Granth Sahib was read there by the UdasiMahant

ad that Sikhs. may have attendee! thes~ readipgs but that all other ceremo1)ies; observed by Udasis and Hindus, were performed at the institution, fi cannot be held from the n1ere fact that the lJdusis also read the Guru Granth Sahib a book which . they d0 venerate, that tho Sikhs.should be associated i-n the mana~ . gemenf of this geritiine.Udosi insfituli0i1. It was held.by a Division B'nch of this Court in 15 Lah. 247101 that the Udasi order

cnstittes a separate sect, ' distinct, from tl\e orthodox Sikhs and that though they -have retaiiied many Hindu .beliefs ar.1\ practices, .yet in the wider sense o.f the term they:may also be Sikhs'. They occupy an intermediate position between strictly orthodox Sikhs and Hindus. The Udasis are in fact a monastic . ' . r .

(1) [1935-36] L.R. 631 !.A: 180.

(2) AIR 19j9 Lah. 239. . •

 , (3) Arjan Singh v. lnder Das .

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PRITAM ass v .. GURm{ARA PR~BANDHAK coi.imrE~ (Misra, J.) 575 •

order in their origin and are folio{Yi:rs of Bawa Siri :Cfoicl.. son of t'1e first Guru. Though they worship smadhs, etc. they~

d~ reverence .the.Granth Sahib without completely renouncing Hinduism. They are often in charge of the village Dharamsala or GJrdwara, which is .a Sikh institution, but in othe, r cass tlie Sadh and his qhelas constitute a monasetry or. college: Owing to their intcrl)lediate position, it is possible for Udasfa t~ be in" charge of~ Sikh Gurdwara, properly so callad, but it . c'.oes not follow that thlt institution is a Sikh Gurdwara and not a tius Udasi institution lllerely because the G\nth Saliib is r.eap.". ·

 In Harnain Singh v:.Gurdial decisions this Court held:

Singh''' 01i ari analysi• of various

, I .

'°'T;1e; e d'cisio"'. cleariy indicate. the . principlo that though the Sikh. Guru Gr'anth Sahib i_s read 'in the shrines managed b¥ " the m:mbers :ofih; Ud1si sect, that was not enogh to hold V'at those shrmes were Sikh Gurdwaras. In the case before-us, the 1nore fa.ct that at some stage there was a Guru Gran'th Sahib i.n

tfiis Dera cannot.thus lead to any con~Iusion that'"this institution Vias ffieant for; r belonged -to,.-the roJlowers,. of the Sikh r, e1igion. :· Clearly, the Dera was miatafoed for. an entirely <1.istini sect b9wn as, the Ni'rn{aia Sadhs who 'cannot be regarded as Sikhs and, consequently, in their mere capacity of foll@wers of Sikhs religion residing in village Jha~,'.awal_a,. the plaintiffa/respcindents could not be held to have sitchim interest as could entitlei hem

to institute the suit t!nder s. 92 of the Cod• of Civil Procedure."_

 Shr.i P1adke appearingfo,"the re•j1odent.o~ the 'other hand . . . h 1~ citd.M,., fiant Dharam Das etc. v. State of Pun/ab & Grs.'2> .. . D, aling with the tenets of the Sikhs this Court observed:

 "Ti1e Sikhs believe in the ten Gurus.:__the last of whom was 'Guru Gobind Singh. They further believe 'that there is no otl; cr,

Guru after Guru Gobind Singh ;.vho enjO{led on his followers that after him they should consider Guru Granth Sahib as tho Guru. They .do not sbscribe to idol worship and polyteism, nor do they hav' any Samadhi in their shrines. The teaching pf Sikhs was against asceticism.' They believe ih Guru Granth 'Sohib., which is a Rosary of sacred poems, exhortations; etc.

(l) r1961(2 s, c.R. 739.

(2) (1975) 3 s.c;.R. 160 ..

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Duing :th~ time of the Sikh Gurus the Gurdwaras were under their d\rect supervision and conirol or. under their Masends or• ' missionary agents. After the death 6f Guru Gobind Singh the , .Panth ls re'cognised as the the corporate representative or'the Guru o)l earth and thereafter they were managed by the Panth through their Granthis and other sewadars who were under direct 'S'upervision of the locai Sangt or congregation.-' The posi!ion of the Gurdwaras changed during British regime. The

~: ·~. ' .- '_" mahants who were in charge pf the Sikh Gurdwaras could either be a S\kh Mahan! or., Udasi Mahan! .... Though there v; as no ·.

reconciliation between the Sikhs and Udasis, it did not matter ;_J" if the M1hant ofa Sikh Gurdwra was not a Sikh Mahan! because •. , the' PaAtbc.or Sarigat exercised control over the 'Gurdwaras". j

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Next r; liance was placed o Solian , Das v. JJc/a Singh & Os.M ' . : ,_ ,, - . It - - ' ., ' ' ' . - Dealing with\s. l6(2ff of the Sikh Gurdwara Act the Court oberved:

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:· " " . ._,.,..;,. ":Thedocumentary evidenc.e therefore establishes, that the dharams.ala has been a place of public worship since 1853, and that such worship has been connected with.the Gran th Sahib· · I' am prepared to accept th evidence of the objectors that the '\' . existenc~ of a samadh dates only from recent times, morethan

pobab!y after t!,1e Sikh Gurdwara controvetsy had beconie acute a1id he. imprtance of a samadh had l:i'een realizec\ by the .lJdasi Mahants, I hold therefore that the evidence supports tile conlusion of the majority f the Tribunal that this institution , falls withins. 16 (2) (iii) of the Act".

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~ . ' , In view of the divergen! cases cited by the cou'nsel: f,)r the parties we have(jto take into consideration the distindive features of a : :Sikh Gurdw:{ra .as discussed in the :earlier part of the' judgment., so '

viewed; the 'disknce and worship of Gum Granth Sahib and the exi', stence of Nishan Sahib are the determinative factors. " ·

The Tribunal c!id not take into consideration the oral evidence adduced by the parties. Eight witnesses were prcduc<) en behalf - . ' ' ");' . ' . . .· ', of the appellant while six.witnesses were produced on behalf of the the respondent'. The High Court also did not give a proper deal to the oral evide)ie addt; ced by the appellant., The only consideratin

given by'the 'High court to the oral testimony of the witnesses on

~ - . _, . behalf, of thefappellant was in the following terms: . , ,

(I) AIR 1934 Lilh. 180."

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P'IUTAM DASS v. GURVDWARA PRABANPHAK COMMITTEE (Misra, J.) 577. r • . '' 1 •

. . . ( ._' ' ,. ·. '-- - ' ' " -, 'lit ' . "As regards the oral testimony on . the point that the

I'. A . ' - ' '• . '. ' . . _,. institution was a Dera ot an Udasi Sadhu, the same is obi- • ·. ously inte1ested, and hardly credible. The Tribunal has not attac thed any weight to the mi; and we are wholly in agreement .

' . with the finding 'of the ,1)ribunil. on that poi.nt." . . .

 The witnesses, on either side have cgrneto depose on oath. The .. &rounds on which the evideqce adduced on behalf of the ·appellant. J has been: discarded mafequally apply to the evide.nce adduced on. be- ' :Jialfof the respondent The Court should have considered the worth '"- of the evide.ne of each witne. ss and sh. ould ]lave given reason.s for d. is- .

-- . . \ believing the same on merit. A bald .observation that the' witnesses.

produced on' behalf of the .. appellat are interested must be deprecat\:d. .

'.;, . ' . ' ' ; - ' Even otherwise the.co.urts below have no.t approached the case . from .the correct angle. (The. our ts hail to cl.eciile the question in view . . efthe pr0visions of mb-s.(2) of s. 16 of the Act nd they had. to recor_d

a psitive fitiding in the Iigllt of sub-s. (2) of s. 16,) which reads: ·;.~,.. ' .

")6 (2) If the tribunal finds that the gurdwara_,, . . . . - ' . - . -

 .. (i} was es\ablished by, ; r i~ memoryof.any of the Ten Sikh.

Gurus,.or in commemoraticil of any incident in the life of _: any of the Ten Siklj Gnrus and was used for public worship ··.by Sikhs, before and at the 'time of the presentation of the : of the petition nnder 'sub-section (I) of section 7 ;'.or . . ' . . ..

(ii) owing to some tradition co'rlnectecl' with one of the Ten Sikh .

Gums, was used. for public worship predominantly by Sikhs, • before and at the time of the presentation of thepetition .. u.nder sub-section•(I) of scctio~ 7; or . . . ' \ . . ' (iii) as etablishedfor use by Sikhs for thepu; pos~\f pblic .

worship and was usd for such worship by Sihks, before

and at the time of.the presentation' of the petition under .

Sub-section (I) of section 7 qr. - · ·

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(iv) was established in memr~· of.a Sikh martyr,'saint or histori- . 1

. cal person: and was used for public worship by Sikhs,'before:

and at the time of the pfesenttion of the petition under H sub-section (1) of section 7; or ·~ · .

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SUPRE~JE COUQT REPORTS [198~] . 2 s.c.R.

(v) owing to some .incident connect"d with the Sikh religion was

, used for public worship predpminantly .my Sikhs, before ' ad at the time ti~ the presentation of the petition under

si1b-section (1) of section 7; . . . ' '

the. tribuna1 shall decide th.at it shciuld be declared to be a Sikh , , Gl\rdwara, and record an <:rc\er accordingly." . .'

Uhless the.claim falls within one-or the"other of the catO:go1ies enumerated in sub-section (2) .of' s: 16, the institution: cannot be declared to be a .Sikh Gurdwara.

, The Court hacl, therefore, first to consider as pleaded by. the parties, as to whether Bhai Bhagtu was a urlasi saint or a Sikh saint, . and then. to decide on the basis of evidence whether the institµti.on in question is one or. the other of the types indiated'. This was the only.

, question for consideration before the High Court but. unfortunately it assumed, what was to be proved. '

' Oo t!1~ fo1'egoing discussiqn we are satisfled that the Hi; h 'court' has not given a 15ro]l, er deal to the matter and has not considered the or, al evidence .add.riced on behalf'of the parties. Nor has it approached case.form the cotre.ct perspective of law. .- • .

Ordinarily, iii a situation as here, the matter should have gone.

bak. to he High Court for rec.ording findings on the bai:Sis of appreciation of evidence but, we are not incl ind to remand the matter as it is a very old dispute. We .-a're, ihrefore, prepaJed to take that,, burden o'urselves and finally decide the. dispute.· As would.· appear, parties were aware of the nature of ciaim and the tvidence . - - . , ' . ' \ ·.to oe led' and, therefore, par.tie~ concentrated their attaention_ on .the aspects which would be decisive of. the poiflts in dispute. It is unfortunate that the Tribunal and the High Court did not keep the " . proper perspective in view whils dealing with the matte1.

. ; O• behalf of the appellant Rain Saran Dass, P W I, Charan Dass, PW 2, Bishan Dass, PW 3, Jagraj Singh, PW 4, hajju :Ram,

PW 5, Zora Singh Patwari, PW 6, Surjit Sin1ih. PW 7 and the appel- lant; PW .. 8, were examined. On. behalf of the respondent, Hardev Singh, RW I, B1chan Singh, RW 2, Ba!bir Singh, .RW 3, Balwant Singh, R W 4, Hazura Singh, R W s: a11d Gurdial Singh, RW 6, were' . '-. ' . - exammed as witnesses.

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• I ' PRITAM DASS v: GURDWARA PRABANDHAK COMMI:rTEE. (Misra, i.) ~79

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Th_e finding of the High Court as extracted hereinbef9re clea-

A . . rly show tilat the four tmpqrtant and most relevant aspects of the "case ·

as disclosed in the evidence were completely ovrlooked or side-tracked by the Hlg'1 Court, They are . : (i) there are Samadhs on tiw premis?S _of th' institution; (ii) there ate idols and photos of"Hindu deities; (iii) Bhai BhagtU was a Udasi Saint; and-(iv) succession was frdm Gurll so Chcla .. The petition filecl by the appellant under , ,. .B

s.8 of the Act co11tained a clear averm?nt that the instituiion \lad' ' been set up by Bhai Bhagtu wl\o was a Udasi Saint and the pre ... sence of three Samadhs of (1) Bhai .Biiagtu, (2J Baba Paras Ram Ji "~ and (3), M"fhant Sahib. Dass i, was' also. asserted. In the . wrilteq

statement the' respontlcnt, after a vague denial, had admitted the in'.titutiOn to have been foundect' by Bhai Bhagtu.. ' . .

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PW I, Rani Saran Dass stated that there 'was an id0l.ofBaba Srichand in. the institution and there were pictures of Lord Krishna' a1\d oth"r Hincl.u deities. .This '.statement wao elicited in crossexaininaticin made by the respondent.

PW 2 has. stated that there is ah idol of Baba. Srichand and. Gola Sahib in the institution and 1 D they are objects of worship.

PW 3, Bishart Dass; referred to the, idol of. Baba Srichand. PW 4, Jagial stated that there. were three or fouc'Sarn"dhs on the premises of . the institution and those are objects elf \vorship. , There wa~ no challenge to this statement in. examiaati9a-in-chief by cro'ssexaniination .. P\Yi 5 as _asked iii cross examination whether there . were Samadhs on the. premises of the .-'";;'. . inslituti~:nd his answ'C is revealing. He stated that there are ·-three Sa ·:is on-the premises of the institution and there is a. dome over tl10 Samadh of Bhai Bhagtu. He .added t)lat there are other pictures of Hindu deities and Hindu festivals are celebrated, in the instituti9rl. PW 7, Surjit Singh, the local Sarpanch stated that the

'. '1. institution -.yas of ljdasi Fakirs, He also stated that there is a: Samadh

. F of\Bhai Bb.agtu on the premises of the institution and it is an 9bject of worship. He indicated that the Samadh ofBhai Bhagtu was worshipped .iil a grand ; cale while the other two Samadhs were not .treated qn equa.l basis. Thete was no cross-examinatio~. o.f this wit • . ness on this aspect. Pritam Dass, the appellant did support. his case,,

Oridinarily his evidenc~ would have been treated as interested as he G happens to be the party but his assertions have well corroborated .

• Coming to the respondent's side:· the first witness Hardev Singh in his examination-inchief stated tha.t there is a Samacih of Bhai Bhagtu in the institution and another Samadh of his mother. On the basis of

: H . this adission of the. principal witness of the respondent there can be

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, SUPREME COURT.REPORTS [1984] 2 , s.c.!l. I no ; doubt that Samadhs eist within the institutio~. At the hearin~.

' . . . . . - I ,_; ' counsel had pointed out that this .witness was a ll).ember of the Commu_nits Party. We do not think _that would at all be a proper /V~Y of appreciating the evidence o(the witnesses; He was a witness called by the respondent and was notl declared hostile, if he made admissions in his examination-in-chief. On the other hand, the fact that he dots not belong to .the groups of either party and is a Communist would lend credence to his evidence as coming from an, impartial source.

Thenext_witness; RW 2, Bachan Singh admitt.i'd the existence of the 'Samadhs but denied that the Samadh of Bhai Bhagtu was an objet ·

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of worsliip. RW 3, Baibir Singh, admitted pie presence of Samadh of _;,.j,:-

B_hai Bha'gtu as also oC:his mother. It.is in the evid<ince.cifthis witn•u '\·. that he also belongs to the C:omoiun!st Party. What. we hvo &aid about RW I 'equally. applies. to thls )vitness: RW 4, Balwani "singh aditted the_ presence of Bhai Bhagtu's Samadh; while_ RW S, ·

 Hazura Singh stated that' there were two Samadhs oh the premiwr-, one of Bhai Bhagtu and the' other of his mother. The last witness, RW 6, c; urdia( Singh in his eidence admitted the existence offue tw" Samadhs--o-of Bhai }lhagtu and liis mother. ' ·

• I • . . • " This'. analysis of the evidence clearly indicates that it has been ·

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unquestioriably established without the' slightest shadow or'a doubt that there are at least two Samadhs on the premises of the institution--. . , . one being of-Bhai Bhagtu and the other of his mother; ' .

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Th~ existence of the idol of Baba Sricand, the' rofder o~ the~--~. ' Udasi sect in the premises. also ; eems to bjivebeen fully establisheli. ' • - . As already stated, Sikhs would not permit the idol of Baba Srichand ' in a Gurdwara while Udasis would oridinarilyinstall such an idol to perJ?eluate the memory of the' founder of their sect. '' ' ' --r

' What emerges from this disu'ssion is tliat as found by the .Tribu

1 nal; .the succession was from Guru t.o Chela1 that Bhai Bliagtu was a Udasi Saint and there are Samadhs on the premiseso11e of Bhai G Bhagtu' and .the other of hls mother. Evidence 'shows that there are photos of Hirtdu deities in the illstitution. These. three fads, • Without anything more, would be su:(llcient to rejectthe case of.the respeorident i that the institution is aSikli Gurdwara: We" would like to, reiterate , i that existence of Samadhs and succession from Gum to Chela would'

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.. I clearly b~ destrhctive of ~Iiaracer .of, , the institution.' as S!kh. ·.

Gllrdwara because they are 1ncons1stent with. the tenets of the Sikh . ' \ ' ,. ' ' ';- ' . . - ,_ -· .

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PAITAM DASS v. GUR~WARA:PRABANDHAK COMMITTEE (Misra,!.) 581' . . . .

religion. The issue before the High Court as . also the Tribunal' was • whether the institutiOn Dera Bhai .Bhagtu .was a Sikh Gurdwara. . -- ( ·.. ' - ' '

ileference to ; nother aspect would be relevant here. Counsel for the respondent-emphasised the, featnre that there. was evidence .. to, 'show that Guru Graiith Sahib was recited and read in this institution. . It.is wellestblislied that Udasis.are mid:way behveen Sikhs 0n the one hand aitd Hindus 'on the .other. Srichand, son of Guru Nanak, the founder of the .Sikhism, had, as already indicated, broken away and set up 'the Udasi sect. Udasis ile venerating Guru Grantk Sahib, - retained Hindu practices and -~!so showed their veneration to the

.~ Samadhs: From -the very fact. that .Guru Grant4. Sahib' was recited -

'ih this institution, no; support can be drawn, forifh~_.claim that the. institution was a Sikh.:· Gurdwara. . . ' . -

: On the fuateriaTS on record, we_ are .of the view that the findings

rec.01:ded by the Tribunal as a.lso the High Court are wholly unsllppor-,,

- table to satisfy the tests indicated in law for determining the character of the inttitution. We allow the appeal, _reverse the decision of the . Tribunal as , upheld by the High Court and declare . that Dera '

Bhai Bhagtu is not Sikh Gurdwara. In the circumstances of the case there would be .no order as to costs. , . -

S.R.

A.ppeal allowea.

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