Ayodhya Mandapam Case: Madras High Court To Pronounce Order Today In Appeal Challenging Take Over By HR&CE Department

When the matter was heard yesterday, the court indicated that it may quash the 2013 government order. It also criticized the approach of single judge in dismissing the plea citing alternative remedies, after passage of eight years.

The division bench was of the view that when a matter has been kept pending for so many years, it cannot be dismissed on such preliminary technicality such as the existence of alternative remedies.

AG Shunmugasundaram submitted that the Samaj had admitted to carrying out pujas on the premises every morning and evening. However, according to the court, there appears to be no such admission.

The Chief Justice further said that though the allegation raised against the Samaj was that they were carrying out functions of a temple, they were not given any details regarding these allegations in their notice.

"You have given only a blanket notice. You are not even narrating a single word regarding the allegations. You are only asking them to submit objections against the allegations. But the allegations are not specified. This typical working of the government will not be endorsed by this court."

The AG further submitted that no action has been taken against the schools and marriage halls run by the Samaj and Fit Person was appointed only for looking into the religious activities carried out by the Samaj and the financial transactions involved in such activities.

The court indicated that it will quash the order of the Single Judge and the order passed by HR & CE and give liberty to the Samaj for appointing an independent person for looking into the affairs of the mandapam and to conduct enquiry.

Background

The petitioner, M/s. Sri Ram Samaj was challenging the order of the Single Judge appointing a Fit Person to look into the affairs of the Ayodhya Mandapam.

The petitioners contended that M/s. Ram Samaj was not a temple and the public was not worshiping in the Samaj. It was also contended that no idols are kept and no poojas are conducted as per Agama Sastra. Though functions are conducted on special days, they are in the nature of Homam and Vedha Parayanams and no idol consecration and worship according to any Agama Sastra are done.

They further contended that it is a society registered under the Society Registration Act and does not come within the definition of Temple.

Case Title: Sri Ram Samaj v. The Commissioner and Others