PRITAM DASS MAHANT.
Ye . . . - . ¥.,
“SHIROMANI GURUDWARA PRABANDHAK COMMITTEE - January 16, 1984 . {D. At ‘Desat,: R. 'B. Misma AnD RANGANATH Misra, I. 1°
‘Sikh Gurudyara Act, 1925, as amended by the Amendment Act I of 1959 Seétion 16(2)— Whether the institution Dera Bhai Bhagtu was -a Sikh Gurudwara?. Whether mere recitation of Guru Granth Sahib without anything more ?—Distinctive features of Sikhism and Sikh temples—Court’s duty 10 vecord positive findings in terms of Section 16—Appreciation of the evidence of a witness. The fact that he belongs toa 4 particular Political par ty or the otlier does not, change the veracity 0 if his. evidence.
Sixty five persons claiming, to be mernbers of the ‘Sikh community: moved ‘an application before the State Government under Section 70) of the Sikh Gurudwara Act, 1925 to havea religious institution in yillige Ramgarh (also known as Bhagtuana
‘> of .Faridkot tehsil, declared to. be a Sikh ‘Gurudwara. The State Government “notified the said application in the Punjab Government Gazette in terms of Section, - 73) of the Act on 18th October, 1963. Upon this the appellant made ap application under Sections 8and 10 of the Act claiming that the institution was nota Sikh Guru-
‘dwara but an Udasi institution’ known as Dera Bhai Bhagtu. The application was referred to the Sikh Gurudwara’ Tribunal for adjudication. The petition was resisted by the respondent Shiromani Gurdwara Prabandhak Committce on three grounds:
Act as he was nota hereditary office-holder, (ii) that the provisions of the Act are not ° ultravires the Constitution; ‘and (iit) that the institution in dispute was a ‘Sikh Gurudwara. The Tribunal held against the respondent arid in favour of the appellant on
" contentign(1). Since the second contention was not pressed and the third question ‘ was the only issue, the Tribunal held that the institution was a Sikh Gurudwara. |
In-appaal, the Puajab and Haryana High Court confirmed the Tribunal’s findings. Hence the appeal by Special Leave of the Court.
"
"Allowing the appeal, the Court
‘e
“4
\
.() that,the appellant was not competent to move’ ‘ the petition under section 7 of the pr
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HELD: 1.1. The religious institution, Dera Bhai ‘Bhagtu j isnot Sikh Guru- .
‘dwara. On the materials on record, the findings recorded byt he Tribunal as well asthe High Court are wholly unsupportable to satisfy the tests indicated in. law for determining’ ‘the character of the institution. 581D] i
4.2. - The fiindings of the High. Court clearly show that the. four important and most relevant aspects of the case as disclosed in. the evidence were completely” ;
overlooked or side-tracked. by the High Court. They are: (@® there are Saiadhs on the premises of the institution; (ii) there are idols and photos of Hindu deities; (iii): Bhai Bhagtu was a Udasi Saint; and Gy) succession was from Guru to Chela,
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- PRITAM DASS ¥., GURUDWARA PRABANDHAK SOMMITTBE - $65
' The petition ‘filed by the appellant ‘under s.8 of the Act contained a clear’ ‘averment that the institution had been set up.by Bhai Bhagtu ‘who was a Udasi Saint and the presénce of three Samadhs of (1). Bhai Bhagtu, (2) Baba Paras Ram Ji, and (3) | Mahant Sahib Dass Ji, was also asserted. Inthe written statement the respondent, _ after a vague denial, had admitted: the institution to have been founded by Bhai Bhagtu. Pritant Dass, the appellant did support his case. Ordinarily his evidence would have been treated a8 interested as he happens to be the party but his assertions y “have been well corroborated. The same is strengthened by the evidence of all respondent’s, witnesses. The evidence of witnessés clearly indicates: (i) that there are at- * least two samadhs in the premises of the institution—one being of Bhai Bhagtu and the other.of his mother; (ii) the existence of the idol of Baba Srichand, the founder of the Udasi Sect in the pretises. ‘Cleatly the Sikhs ‘would ‘not pegmit the idol of Baba Srichand in a ‘Guradwara while Udasis would ordinarily install such an idol ° to perpetuate the snemory of the founder of their sect; Gii) the sucession was from
_. Guru to Chela; and (iv) there are photos of Hindu deities in. the institution. These facts without anything more would be sufficient to reject the case of the respondent that the institution is a Sikh Gurudwara. [S79A-C; G; 580G-H)
1.4. "From the very fact that-Guru Granth Sahib was fecited i in the institution
‘no support can be drawn for the claim that- the institution was a Sikh Gurudwara. It is well established that Udasis are midway between Sikhs on ‘the’ ‘one hand and the Hindus on the other. Srichand son of Guru Nanak, the founder of Sikhisni,
‘had broken away and set BP. the Udasi sect. [581B- -C} .
2.1. subject like Sikhs and Sikh temples, the forum of a court of law is not ideal, yet, if the statute énjoins the court to decide such questions, tle court has got to discharge. : : the Tesponstbility. [569D]. so, . . . ©
22. The court: has’ been called upon to decide whether the institution in .
question is a Sikh Gurudwara? While considering this question the Court has to _ take into consideration all the circumstances. which favour or militate against the : institution being a Sikh Gurudwara. In the very nature of things and in view of the requirements of sub-s.(2) of s. 16 it becomes necessary to consider whether the institution being i in charge of an Udasi saint, the existenée of samadhs of Udasi saints and Worship thereof, og the existence of the idols and absence of a granthi, and succe, sion to the institution from guru to chela are all relevant considerations and the Court has to consider them if there is evidence on the record. In the instant. case, evidence has been adduced on behalf of the appellant about the existence of samadhsand the various idols, the absence ofa gtanthi and succession to the.ifistitution from guru to chela.- The appellant cannot, therefore, be Prevented from urging the aforesaid circumstances. [573F-H; STAA]
2.3, Courts Cannot discard ‘the evidetice of witnesses of one side by simply | saying thaf the oral testimony is interested and ‘hardly any credible, . when witnesses on either side have come to depose on oath. Here, the grounds on which the evidence .
adduced on behalf of the appeflant has been discarded may equally apply to the evidence adducéd on behalf of the respondent. "The Court should have considered . the worth of the evidence of each witness and should have given reasons for disbe- ‘ lieving the same on merit, A bald observatidn that the witnesses produced on behalf fo the appellant are interested must be deprecated: The courts had to decide the ,
. . a . ' a s. : .
"Although. for the purpose of historical réseaich and analysis on the’
a Theré is ne. Place for idol worship ina Gurudwara, The central object of worship .
556 - ~. SUPREME COURT REPORTS - question i in view of the provisions of sub-s, (2) of s. 16 of the. Act and they ha ad to . . reodrd a positive finding inthe light of sub-s.(2) of s.16, Unless the claim falls within one or the other of the categoties enumerated in sub- section(2) of s.16, the institution
: cannot bs declared to be a Sikh Gurudwara [S77B-D; 578C]
“3d Oaz of ‘as mst, fisciaating’ aspects of Sikhism | is ‘the prozess which bogan with ania Gurus; contiauad during the period of duality id which there
‘were. humas Gurus and a collection of" sacred writings : ‘and ended with the presnet a situation in- which full authority is enjoined by the scripture. In. “every respect the
_ Soripture is what the Gurus wore. (569G] -
\ .
‘Both the Gurus. anil the Book deserve respect, which they are “actorded. because 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 in the newly’ built Darbar Sahib in 1604 for he was ack-
’ nowledged the higher authority of the Bani due to the “personal importance and , significance wich he possessed! as Guru. [569H; 570A] ‘
. . a. ' - a . :
“The Sikh Gitus have much in cofimon. with ather preceptors in indian tradi- ~ tion but their history aad contribution is. distinctive. They. were not Brahmins, they did not see their calling to bo that of expounding Vedas, they taught i in verna-.
: cular. 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 when -
(1984 2 oC, their line was onded by a consciousdecision of Gurt: Gobind Singh, the last Guru, a succession was iavested in a collection of teachings which’ was given the title of Guru Granth Sahib. This is now the Gura of the Sikhs. 1570B-C]
AD iniportant characteristic of the teachings. of the Sikh Gurus is their cmphasis upon the message, the Bani. Li is this stress’ “which made possible. the transfer of Guruship to the scripture. The human Gurus were the instruments through whorh the. voice of the God became audible [S70D}
“The holigse book of the Sikhs i is Gura Granth Sahib compiled by the Fifth rss,
~ Guru-Arjan. It is the Bible of Siklis. After giving -his followers a central place oy ”
worship, Hari-Maadir, he wanted to give them a holy ‘book. So he collected the hymus of the first foor Gurus and to ‘these he added his own. Now this Sri Guru .
7 - Granth Sahib is a living Guru’ of the Sikhs. Guru means the guide. Gur Granth . Sahib gives light and shows the' path to the suffering humanity, Wherever a believer in Sikhism is.in trouble or is depressed he reads hymns from the Granth. Whenever the Sikhs needed’ guidance or counsel, they, should assemble before - the Granth in all sincerity and decide their future line of action-in the light of teachings of the Master, as embodied in the Grinth, The noble ideas embodied in the Granth would
. live for ever and show people the patli to a and happiness. [570E-F; 571B} q
**3,2, “Temples a are found almost it 10 every religion but there are, ‘some differences between the Sikh’ temples and those of other religions. ‘The Sikh Gurudwaras have the following distinctive features: [571C} . 3 f a ‘ hk Sikh temples are not the place of idol worship as the Hindu temples. are.
x “ 1 BY ad
As
‘ PRITAM DASS. VY GURUDWARA,PRABANDHAK COMMITTEE 567 in a Gurudwara is Srj Guru Granth Sakib; the holy book. The pattern of worship ec consists of two main items: reading of the holy hymns followed by their explanation
A "by soms learned man} not necessarily a particular Granthi and then singing of some passages from the Holy Granth. The former i Is calléd Katha and the second i is called = *
Kirtan. A Sikh thus worships the Holy. Words that.are Written in the Granth Sahib, - the’ words or Shabada’ about the Eternal, Truth or, God.-No ido! or painting of any ~ Guru can be worshipped. (GBNC-D] a a *
2 Sikh worship’ in thie Gurudwara is a congregational worship, whereas: . - Hindu témples are ‘meant for individual worship.-A Sikt:does the individual worship -. 1 _ at home when-he recites. Gurbani daily. Sony scriptures meant for this purpose are . _Japji, Jaap, Rehiras, Kirtan Sohila,’ Sangat is is the collective body of Sikhs who. meet °
; every day in the Gurudwara. [SME-F] ot at
” ’
*3.° Gurudwaia is a place where a copy of Guru Granth Sahib i is installed.
3 zy, The uniqué and distinguishing feature would ‘always be the Nishan Sahib, a flagstatf .
_ with a yellow flag of Sikhism flying from it. This serves as a symbol of. the Sikh ~,- + presence. It enables the travellers, whether they, be Sikhs or not, to know wiiere hospi- tality i is available, There may be. coniplexity of rooms ina Gurudwara for the buil- ' > ding may also § Serve as a school,or where children are taught the rudiments of Sikhism . . ; .x 4s well as.a rest ‘centte for travellers. Often there will be a kitchen where food can,
“be prepared though langar itself might take place in the yawning. Sometimes the . Gurudwara will also be used. as a clinic, But its-pivotal point is the place of worship and the main room will be that,in which: the: Guru Granth Sahib is installed where _
. the community gathers for diwan. The focal point ‘in thisroom, will be the book itself. eo ne oy: + (ST1G-H; $724]
3.3, The sine qua not for an institution. being a ‘Sikh Gurudwara is that there
, » _. should be established Guru Granth Sahib and the worship of. the same by the cons »
"_gregation, and a Nishan Sahib a$- indicated in the earlier part of the Judgment. There may be other rooms of the, institution meant for other purposes ‘but the crucia!
J 7" Se ' “test is the existence of Guru Granth Sahib and the worship thereof’by the congrega-. an tion dnd Nishan. Sahib. It is’ not ‘necessaty that. there must bea granthi in a Gurud- . ~ “ “wata. ‘Aay learned person:can read Guru Granth Sahib and explain to the congre-"”
— - Bation. (572B-C]_. . 2 . 7 . _
Hemi Singli and Others v. Basant Das & Anr. (1935-36)' L. .R. 631 TA 180;
¥ : _ Bawa Ishar Dass*& Others y. Dr. Mohan Singh. and Others, AIR 1939 Lab. 239 .
* Arjan Singh v. Inder. Das 15 Lah. 2473 ar ee a oo ” Mahan Dharam Das etc. ve. State of Piunjab & Ors. 1975 3 SCR 160. +s, Soha Das vs Bela Singh & Ors, AIR 1934 Lab, 180 referred ry .
- Haryana ‘High Coutt i in F.A.O. No. - 35/66.
- ' . . . -
- ” Harnani Singh vy. '-Gurdial. Singh {19671 2 SCR: 239. - (le -
. > — : Cv APPELLATE FortsbictiOn : Civil Appel No. 1983.0f 190° oo or From Judgment and’ Decree dated 29-769 of the Pusjab &
_ was a Sikh Gur wara.:
“4 ar
5688 SUPREME ‘COURT REPORTS , . *[1984].2. ser, . Naunit Lal, K. Vasdev and Ms. V, Grover for the appellant. UM. Phadke and Har bans Singh for the ripondet
‘The Judgment of the e court was delivered by
” Misra, J. The present £ appeal by special leave is directed against
‘the judgment and-or der dated 29th July, 1969 of the High Court of
Punjab and Haryana, at- Chandigarh,
_ The dispute in this appeal centr es around a ‘religious institu- tion. in village. Ramgarh (also known a Bhagtuana), tehsil Faridkot, ~ 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-five persons claiming to be members of the Sikh ‘community moved an application. before the State Government under s. 7 (1) of the Sikh Gurdwara Act, .
1925 (hereinafter referred to as the Act), as amended by the Amend.
ment ActI of 1959; to have the institution declared to be a Sikh Gurd-
_wara. The State Goyernment notified the said application in the °
Punjab Gazette in terms of s. 7 (3) of the Act.on 18th October, 1963. Upon this the appellant, made an application 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 hagtu. This application was referred by the State Government to the Sikh Gurdwara Tribunal for. " adjudication. It was contended by. the appellant that throughout its long history the institution has been an: Udasi institution. This institution was not established for use by Sikhs for public worship.
nof was it founded in the memory of a Sikh Martyr, saint or avhistori-— cal person, It has never been used for public worship by the Sikhs, ° The institution. was t he Dera of Udasi Bhekh and the objects of worship | are idols of Gola Sahib and of Baba Srichand, and the various samadhs, _
~ The petition was resisted by'the respondent ‘Shiromani Gurdwara
, Prabandhak Committee:-on thre¢ grounds: (1) that the appellant was - not competent to move the petition under s.7 of the Act because he - was not a-hereditary office holder, (2) that the provisions of the Act are not ultra vires the Constitution, and (3), that the institution in dispute
- ‘ XN:
+" On the pleadings of the parties the Tribunal framed three issues:
(1) whether the provisions of the: Actare ultra vires the Constitution, ©
+ as
PRITAM DASS y GURUDWARA PRABANDHAK COMMITTEE (Misra ) 569
(2) whether the appellant was-a ereditary office. holder, and QB) whet-
. her the institution in dispute was a Sikh Guradwara. Issue No. 1 was . . ».. notpressed and, therefore, the Tribunal in conformity with the previo- | . usdecisions held the provisions ‘of the Act to be intra vires the. Consti- ’ tution. On ‘the second, issue the Tribunal’ recorded a finding in favour . - of the appellant. On the third issue; the Tribunal held that the disp- :
uted institution was a ‘Sikh Gurdwara. of
“The. appellant feeting aggrieved by the judgment of the-Tribunal tooh up'the matter in appeal to the High Court and the High Court in its tirn confirmed the findings of the Trbunal and dismissed the . ~- atppeal by the impugned judgment. . The. appellant. has now come to - his Court on obtaining special leave and the only i issue that survives for consideration by this Court is issue No.3 , that is, whether the institution in dispute is a Sikh Gurdwara.
Before ‘dealing with the points urged by the counsel for: the par- ties it would be appropriate at this stage to know the distinctive features. of Sikhism and. Sikh temples. Although-for the purpose of historical research and analysis on such subject, the forum of a court of law is . “not ideal yet if the statute enjoins the Court to decide such questions, |
. the Court has got to discharge the responsibility. Section 16 a of - 7 the Act Provides: :
“16. (Wn, ‘Nowwilthstanditi anything “ containied in any, 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, decide
. whether it should or should not bé declared a Sikh Gurdwara in. accordance with the provisions of sub-section: n-(2).”
va ra
. One of the most fascinating aspects of Sikhism i is the’ process which,
7 began with human Gurus, continued during the period of duality in which there were human Gurus and a collection of sacred writings:
. and ended with the present situation in which full authority is enjoined by the scripture. In every respect the scripture is what the Gurus were. _
.oS
Both’ the. Gurus ‘and the Book deserve respect, which they are, . aceorded ‘because 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 -
510 -" 'supREME COURT REPORTS a “9s4] 25cR in ‘the newly built Darbar Sahib in “1604 for he was S acknowledged the higher authority of - the Baniduz to the personal importance and = “significance which he, - Possessed as Guru.
po . . The ‘Sikh Gurus have much in common with other preceptors in Indian- tradition but their history and contribution is distinctive.
, ‘They were not Brahmins, they did not sce their calling to be that of expounding -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 when their line Was ended by a conscious decision ‘of Guru Gobind Singh, the last Guru, succession: was ‘invested i ina collection of teachings. which was ° given ‘the‘title. of Guru 1 Granth Sahib. This, is is now the Guru of the Sikhs, , . .
a -*
An important characteristic of the teachings of the .Sikh Gutus- is theit emphasis upon the smessage, the Bani, It is this stress which — made possible the transfer of Guruship to the scripture. The human
“Gurus were the instruments through whom the voice of God became audible, oe oo. i ne ny
The holiest book ‘of the Sikhs is Guru 1 Granth Sahib compiled by the Fifth. Master, Guru Arjan. It is the Bible of Sikhs. After giving his ' followers a central place of worship, Hari-mandir, he wanted to - : give them a holy book. So. he collected the hymns of the first four Gurus and to these he added, his own. Now this Sri Guru Granth ,.
Sahib is a living Guru of the Sikhs. Guru means the guide. Guru
_ Granth Sahib gives light and shows the ‘path to ‘the suffering humanity. _
Wherever-a believer in Sikhism is in trouble or J is depressed he reads
~ hymns from the Granth. _ SO et .
"When Guru Gobind Singh ‘el that his worldly sojourn: was. near, he miade the fact’ known-to his disciples. The disciples asked’ him as, to who would be their Guruin future. The Guru immediately |
; placéd five pies and a coconut. t before the holy Granth, bowed his head | ; before it and said— * . a ' an
The Eternal Father willed, ani L raised the Panth, L
7. All my Sikhs are ordained to believe the Granth as their preceptor.
Have. faith in the-holy. Graath as your Master andco. nsider it, * The visible manifestation of the. Gurus. He who hath a pure heart will seek guidance from its holy words”.
—7 ie » ae i * ' a * ws
”
PRITAM DASS 1. GURDWARA PRABANDHAK commirer, (Misra, J.) S71
‘The Guru repeated these words and told: the’ disciples’ not to’ - grieve at his departure. It-was true that’ ‘they would. not see, his body "in its physical manifestation but he would be ever present among the. -Khalsas. Whenever the- Sikhs needed. guidance or. counsel, they should ;
_ assemble before the Granth in all sincerity and decide their future line of action in the light ‘of teachings of the Master, as embodied in. the
Granth, The noble ideas embodied i in the Granth would tive for ever. . arid show people the path to bliss and happiness. oo x
Temples are found almost in “every teligion but there are some ©.
, differences between the Sikh, temples and ‘those of other religions. ‘The , Sikh Gurdwatras have the following distinctive. features: | ,
4. Sikh temples are Snot the place af id idol worship as the Hindu temples are. There is no place for idol worship ‘ina Gurdwara. The central object of worship ina Gurdwara is ‘Sri Guru Granth Sahib, the | " holy book. The pattern of worship consists 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 Passages from the”. Holy Granth. The fotmer i is called Katha .and the ‘second. istcalled Ki rtan. A Sikh thus worships the Holy Words that are writien “<s -in the Granth Sahib, the Words: or Shabada about the. Eternal Truth “or God. No. idol or painting of any Guru can be worshipped.
2... “ Sikh Worship. in the- Gurdwara isa. congregational worship, whereas Hindu temples are meant for individual worship. A Sikh does - - the individual, worship at home whien he recites Gurbani daily. Some scriptures meant. for this purpose are Japii, Jaap, Rehras, Kirtan-Schila.
Sangat 1 is the collective “ody of of Sikhs who meet every day i in the Gurds ‘wara.. ;
av
3. Gurdwara. isa pl lace where a copy of Guru Granth Sahib is installed, Thie unique’ ‘and distinguishing feature would always. be. the
“Nishan Sahib, a flagstaff with a yellow flag of Sikhism. flying from it.
This-serves a$.a symbol of- the Sikh presence. It enables the travellers,
; whether they be Sikhs or not, to know-where: hospitality is available. There may be complexity of rooms in a. Gurdwara for the: building’ ~-- ' “‘rhay-also’serve as a school, or where children are taught the- rudiments of Sikhisin as well-as a rest centre for travellers, Often, «here will be place in the yawning. Sometimes the Gurdwara. will also’ be used as
~ a kitchen where food can ‘be ‘prepared though langar itself might take _ a clinic, But its pivotal point is the piace of worship, and the main foom.” - x . . . yet if
_ will be that in which the Guru Granth Sahib i is installed where the . > ‘community gathers for diwan, The focal point in this room will be, ry
572 "SUPREME COURT REPORTS figs) 2 $.0R -
Sad
. the book itself. -
_judgment:‘There may be other rooms of. the institution meant for.
«
From the foregoing discussion it isevident that the sine qia non ’ for an institution being a Sikh Gurdwara is that there should be esta- blished Guru Granth Sahib and the worship-of the same, by the congregation, and a Nishan Sahib as indicated in the earlier part. of the other purposes but the crucial test is the existence of Guru Granth Sahib and the worship thereof by the’ congregation and Nishan Sahib.
It is not neessary that theré 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.
4 ‘ ie ° Shri Naunit Lal, counsel for the appellant contended th that the High: ‘Court has misread the evidence and that’has vitiated its finding.
He referred to the material portions.of the judgment and the evidence of the parties to support. his contention. On perusal of. the judgment and the relevant evidence we do not find: any misreading of evidence ‘by. -the High Court: This contention, therefore, has no ‘force. We, however, find that the High Court proceeded on the assumption that | admittedly Bhai Bhagta was a Sikh saint and that the disputed: institu.
tion was established in his memory. This would be evident from the follwing observation made by he High Court. i clined to:accept the contention cf Mr. Shant- that admittedly Bhai. Bagtu was a Sikh Saint and-this, institution was’ established in his memory arid as such the case of the’ respondent: would a “On an overall consideration of this aspect we are in-.
also, come within the ambit of s. 16 (2) (iv) of the * Sikh Gurn- ., .
| dwara Act”, a ee,
Y his deposition has categorically stated: “Bhai Bhagtu was an- Udasi
But this observation is not warranted from the pleadings ot the ‘the evidence of the parties. Pritam Dass, the appellant, as P.W.8, in.
Fahir’’. In the pleasdings also the appellant set up that Bhai Bhagtu - ~ was.an Udasi saint. and the institution was a Dera of the Udasi sect, t .- ! . . ft ad
PRITAM DASS V: GURUDWARA PRABANBDAK COMMITTEE (Misra,J.) 573
_- while the respondeit, on the other hand, in'its reply stated that Bhai - - ” Bhagiu was a Sikh saint and. the institution was established 1 in the | momory of that Sikh saint. In this state of pleadings and the evidence ,
‘adduced by the. parties. it will not be correct to say that admittedly s all in-compatibye with the institution being ‘a Sikh Gurdwara.
Bhai Bhagtu was a Sikhsaint and that this institution was established in his memory. Rather this was the only disputed question’ to bé decided - - | ‘by the Court. Thus while holding, that there is no misreading of evi- dence v we find that there is misreading of the pleadings of the parties.
Tt was next contended for the appellant that the ‘appellant of udasi set being incharge of the institution in question, the succession’ to the institution being from Guru to Chela, the institution being recor ded as Dera of Udasi ‘sect in some of the revenue: records, the existence and worship of various idsls.and samadhs within the .precincts.of the institution and the absence of @ granthi in the institution are
Shri MN. Phadke appearing for. the respondent ¢ on the other hand has contended that ‘) the: points which were never urged i in the courts below could not: ‘b2 allowed to be raised for the first time in this Court; (2) i in any case the existence of samadhs and idols within
>the precinsts of the institution and th? worship thereof, and the absence. ‘of a granthi and the succession to the institution from guru to chela are not destructive of the ‘institution being a Sikh Gurdwara; (3) the finding of the High Court that the institution in. question’ isa Sikh , Gurdwara is fully wairanted by the evidence. on-record, and (4) ‘the . nature of the institution has to be decided: in*the light of sub-s. 2) of
Ss. 16 of the Sich Gurdwara Ket.
The Court has be2n called upon to decide whether the institution .
: in question is a Sikh Gurdwara. While considering this question the
‘Court has to take into consideration all the circumstances which fay- — our of militate against the institution’ being a Sikh Gurdwara. Jn the very nature-of things arid in view of the requirements of sub-s. (2) of s. 16 it becomes necessary to consider whether the institution being LS in charge of an Uadasi saint, the existenee of samadhs of Udasi Saints atid worship-thereof, or the existence of the idols and’ absence ofa’: ecanthi and succession to the-institution from guru to chela are all. ”
relevant considerations and the ‘Court: has to consider them if there is evidence on the record. In the instant case evidence has been adduced on behalf of the appeallant about the existence of samadhs and the various idols, the absence of a granthi and succession to the institution
-B o aie
. + . ” roe, a 1 &
574 SUPREME COURT REPORTS .
: from guru to chela, We see ino reason why the appealtant be prevented :
“from: urging the’ aforesad circumstances,
~ : 7 “ t “
On the gu2stion whether the existerice: of. samadhs-and of the |
‘idols and the absence of a gtanthi or succession to the institution from ‘guru'to chela militates against the institution being: a Sikh Gurdwara the counsel for the” parties have adduced: evidence in support of . their respe ective contentions. The counsel for. the parties have also cited cases in support Of. their respective contentions.
"The counsel for the appellant relied on "Hem Singh & Ors. v.
ee Das & Anr™, Jn - that case the question for consideratoin was . whether Udasis are Sikhs. The court held that Udasis are’ not Sikhs for _ the purposes of Sikh Gurdwara Act. Although Guru Nanak founded -
- Sikhism as a-new religion. by sweeping away idolatry and polytheism,
” Sri Chand; the son‘of Guru Natiak, the. founder of the Udasis, was | -. himself not a Sikh but a Hindu. No reconciliation between the. Sikhs
-and the Udasis ever took place. The Udasis are in Consequence not
' Sikhs,but. schismatics who separated in. the earliest days of Sikhism 7 and never merged with the followers of the: ‘Gurus. 4 r
: Mohan n Singh & Ors®) -The Court held:
“it has: ‘been establistied that the Mahants” have :all
‘ slong by been Udasis, that the-institation was an. Udasi monastery, —
_” * that.the Guru Granth Sahib was read there by the UdasiMahant + and that Sikhs may have attended | these, readings but that all other ceremonies, observed by Udasis and Hindus, were per- ve * formed at the ingtitution. If cannot be held from the “mere fact |
_that the Udasis also read the Guru Granth Sahib a book which
~ gement of this genuine. Udasi institution. It was’ held by a Division Bench of this Court in 15 Lah. 247"? that the Udasi order constitutes a separate sect, _ distinct from the orthodox Sikhs- ‘and that though they have ‘retajied many Hindu -beiiefs and t "practices, yet in the wider sense of 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 * ir (i935. 36} LR. 631 LA. 180. | a a (2) AIR 1939 Lah. 239. - _ . - 7, GB) Arjan Singh v. Inder Das. : mo 7 a
Reliance was next placed: upon Bawa Ishar Dass & ‘Ors. v. Dr.
_ ~ ‘they do-venerate, that the Sikhs, should be associated i in the mana- -
- [1984] 2 SOR.
ay
‘5+ PRITAM. Dass y. cunoivana PRABANDHAK COMMITTBE (Misra, J.) 573. ~ _ < "order in their origin and are followers of Bawa Siri (Chnd, son Ld-> ° of the first Guru, Though: they worship smadhs, etc, ‘they. Lo _ do reverence ‘the.Granth Sahib without completely renouncing Hinduism. They are often in charge ofthe village. Dharamsala oo or Gurdwara, which is a Sikh institution, but i in other cases the ' -Sadh and his chelas constitute a monasetry or college. Owing’ to their intermediate position, it is possible for Udasis to be in" _ charge of a. Sikh Gurdvi wata, ‘properly so callad, but it . does not ; _ follow that that institution is a Sikh Gurdwara and not a oe true Udasi institution merely because the Granth’ Sahib i is read”’.”
y In Harnain Singh v. -Gurdial Singh on an 1 analysis of vations — decisions this Court held: ;
“These d2cisions., 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 “slirines were Sikh Gurdwaras. - In the case beforeus, the ,
Sy tore fact that at some stage there was a Gura Granth Sahib in, . ' ‘this Dera cannot. thus lead to any conclusion that this institution ; - was meant for, ot belonged to, the followers, of the Sikh teligion. °
Clearly, the Dera was maintained for an: entirely: distinct sect known as-the Nirmala Sadhs who ‘cannot be regarded as Sikhs as + ‘and, consequently, in their mere capacity of followers of Sikhs © : religion, residing in village T hancawala,_ the plaintiffs/respondents ar could not be held to have such an interest as could entitlet hem Awa” to institute the suit under s. 92 of thé Code of Civil Procedizre.”” Shri Phadke ‘appearing for the resgondent.on the ‘other hand “his cited Mahant Dharam Das ‘etc. v. State of Punjab & Ors.2.. -Doaling with the tenets of the Sikhs this Court observed: '
'” “The Sikhs believe in the ten Gurus—the last of whom was
‘Guru Gobind Singh. They further believe that there is no other. Guru after Guru Gobind Singh who enjoged on his followers | 7 ~~ that after him they should consider Guru Granth Sahib as the
>" Guru. They do not subscribe to idol worship and polytheism, - .’ “nor do they have any Samadhi in their shrines. The teaching of ° oo: Sikhs was against’ asceticism. “They believe in Guru Granth "2 “Sahib, which is a Rosary of sacred poems, exhortations; etc.
a en (1) [1967] 2 S.C.R. 739. (2) (1975) 3 S.C.R. 160,
7 576, : SUPREME COURT REPORTS oo tse) 2 SOR. mr. Duing: the time ofthe Sikh Gurus the Gurdwaras were under an a ° their direct ‘supervision and control or. under their Masends or: se
. ‘missionary agents. After the death of Guru Gobind Singh - the ©
’ Panth. is recognised ds the the corporate representative, of the OR. Guru on earth and thereafter they were managed by the Panth * — *
Moe, a through their Granthis and: other sewadars who were under. ,
. B * direct * supervision of the local Sangat or congregation—* *The oO " posifion of the Gurdwaras changed during British-regime, The | po mahants who were in charge of the Sikh Gurdwaras could either | . a r Cos besa Sikh Mahant or Udasi Mahant,.., Though there was no: 7”. OG Wo reconciliation between the Sikhs and Udasis, it did. not-matter « a
Me if the Mahant ofa Sikh Gurdwara was not a Sikh Mahant because’ 7 CS the: Panth-or Sarigat exercised control over the ‘Gurdwaras”. _,
: Next reliancé was placed o Sohan Das v. Bela Singh &- Ors. a o Dealing with's: 16023 of the Sikh Gurdwara Act the Court observed: ao, rn ae + Ow, we, “The documentary evidence therefore establishes, thai the the . .D- — dharamiala. has been a place of public worship-since 1853, and :.'s Ly “that such worship has been connected withthe Granth Sahibs+*a Tam prepared to accept th evidence of the ” objectors that the . cnn oO existence of a samadh.dates only from recent times, more ‘than mo Se tt probably after the Sikh Gurdwara controversy had become - 2 Sa acute aiid he importance of a - samadh had Been realized by the. sak oe Udasi Mahants. T hold’ therefore that the evidence supports ; the conclusion of the majority of the Tribunal that this institution ey . falls within s 8. 16 (2) ii) of the Act. . ae oa ae - In view: of the divergent cases sited by the counsel” 6x the para F . ties we have: ato ‘take into, consideration the distinctive features of a yO Sikh Gurdwara as discussed i in:the-earliet part of the’ judgment.’So * a a viewed, the existence and worship of Guru Granth Sahib and the exis Oo , Stence of Nishan Sahib are the determinative factors. pO The Teibuirial did not take - into consideration the oral evidence . re - adduced by the parties, Eight witiiesses were produced cn behalf" y _. « Of the appellant while’ six-witnesses were ‘produced on behalf of the -.°) +t the respondent. The High Court also did not give a proper deal to. . - the oral evidence’ adduced by the appellant. The ‘only consideration | ~ “¢. ~ given by'the High Court to’ the oral testimony ° ‘of the witnesses on a H behalf, of the ‘appellant was in the following, terms: .
(ly “AIR 1934 Lab, 180."
* b- i
Pid s
PRITAM DASS v. GURUDWARA PRABANDHAK comMuTTEE lista, r) S77
“+ i ro “AS regards the oral testimony on. the point that. ‘the A -"... institution’ was a Dera of an Udasi Sadhu, the same is ‘obvi- - “>. ousty interested, and hardly credible. The Tribunal has not atta-
Sy hed any’ weight to the same and we are wholly in agreement — ot with the finding: of the Jpibunal o on that point.”
- -The witiesses on + either side have come. to 5 depose ¢ on oath. The grounds: on which the ‘evidence adduced on behalf: of the “appellant.
DOAN oo aa \ has been discarded may equally apply | to the evidence adduced on. be- ° ‘half ofthe respondent, The Court should have: considered the worth | * of the evidence of each witness and should have given reasons for dis-. ©
1+ + believing the: same on merit. A bald observation that the witnesses.
» produced c on behalf of the. appellat are interested must be deprecated, a from the correct angle. (The courts had to decide the question in view, a . of the provisions of sub-s, @) of s. 16 of the Act and they had.to record.
ors positive finding in the light of sub- -s. (2) of s. 16) which. reads » Be, a
‘ - “
| “16 @ If the tribunal finds that the eordvina~ of a ,
- Boy _. "by Sikhs, before‘and at the'time of the presentation ¢ of the os T of the e petition under’ sub-section @ of section 7;,0r-
- iy owing tos some tradition coiinected with c one of th the Ten » sikh’ -
Gurus, was used for public worship predominantly by Sikhs, ad 7 before and at the time of the presentation of the” petition a re “under sub- ‘section: (1) of section 7; or
7 Sub-section @ of section Nn OF
-* cal person and was used for public, worship by Sikhs,’ before . _and at the time’ of the: presentation of the. petition under , et a sub-section ql). of section 7; of a ‘a
‘Even otherwise the, ‘courts 5 below have. not approached the case. . - m0) was established by, ©: or in memory of any of the. Ten Sikh. - Gurus, ot in commemoration of any incident in the life of *any of. the Ten Sikh Gurus and was used for public worship :
- i) was established: for. use by ‘Sikhs for the’ purpose of public ws / Worship ‘and was used: for such’ worship by Sihks, before: and at the time of the ‘presentation - of the petition under -
Oo was established i in ! memory ‘ofa Sikh martyr, ~ saint oF histori- - -
“A
é
538 SUPREME couor REPORTS [i984) .2 $.C.R.
.-(v) owing to some incident connected with the Sikh religion was vused for public worship predominantly by Sikhs, ‘before v6, _ ‘and at the time ‘of the presentation of. the petition under sub-section () of Section 7;
; the. tribunal shall decide that it should be declared to be a Sikh “y+ Gurdwara, and record an order accordingly”.
Unless’ the claim falls within one or the other of. the catégoiies ‘enumerated in sub-section (2) of's. 16, the institution: cannot be declared to be a Sikh Gurdwara. °
‘The Court had, therefore, first to ‘consider as pleaded by the patties, as to whether Bhai Bhagtu was a Udasi gaint or a Sikh saint, . and then to decide on the basis of evidence whether the institution in
: “question i is one or. the other of the types indicated. This was the only. « question for consideration before the High Court but. unfortunately it assumed, what was to be ° proved.
—4
Ont the foiesoing discussion we are satisfied that the High Court .
has not given a proper deal to the matter. and has not considered the” otal evidence adduced on behalf of the parties. Nor-has it approached case form the correct perspective of Taw.
Ordinarily, ina situation as here, the matter should -have gone_ back. to the High Court for recording ' findings on the baisis of appreciation of evidence but, we are not inclind to remand the matter as it is a very old dispute. We.,-are, therefore, prepased to take that burden ourselves and finally decide the dispute. As would. *
- appear, parties were aware of the nature of ciaim and the evidence "to be led and, therefore, parties concentrated their attaention. on _ the aspects which would be decisive of. the poiats in dispute, It is unfortunate that the Tribunal and the High Court did nct,keep the | proper. Perspective in view’ whils dealing with the matter.
On behalf of the appellant Ram Saran Dass, P Ww 1, Charan
Dass, PW 2, Bishan Dass, PW 3, Jagraj Singh, PW 4, Chajju | Ram, iW 5, Zora Singh Patwari, PW 6, Surjit Singh, PW 7 and the appel- lant, PW 8, were examined. On. behalf of the respondent, Hardev Singh, RW'1, Bachan Singh, RW 2, Balbir Singh, RW 3, Balwant Singh, RW 4, Hazura Singh, RW 5, and, Gurdial Singh, | RW 6, were: examined as witnesses,
4 i ‘ apo “~
,-
. idol of, Baba Stichand. PW 4, Jagral stated that there were three
” three Sa - dome over. the Samadh of Bhai Bhagtu. He added that there are
~ . . : : “ . - PRITAM DASS ¥. GURDWARA PRABANDHAK COMMITTEE (Misra, J.) 579
The finding of ‘the High Court as extracted. hereinbefore clea a." .
_tly show that the four important and most relevant: -aspects of the case ° 1 as disclosed in the evidence were completely ovr looked or side-track-
‘ ed by the High Court, They are : (i) there are Samadhs on’ the
‘premises of the institution; (ii) there aie idols and-photos of Hindu
' deities; (iti) Bhai Bhagtii was a Udasi Saint; and (iy) succession was from Guru so Chela. “The _ Petition filed by the appellant under , *B s.8 of the Act contained .a clear avermznt that,thé institution had ‘ been set up by Bhai Bhagtu who was’ a’ Udasi Saint and the pre-'
~ sence of three Samadhs of (1) Bhai.Bliagtu, (2) Baba Paras Ram Ji ~ and. (3). Mhant Sahib, Dass Ji, was‘also asserted. In thé written © statement the’ respondent, after, 4 vague denial, had admitted the | ;
institution to have been ‘founded by: Bhai Bhagtu.- 7 of an Onn
. . ' . at \ . ‘
Pw {, Ram Saran Dass stated that, there ‘was an idol.of Baba: . ° Srichand in the institution and, there were pictures of Lord Krishna’ and other Hindu deities, This Statement was elicited in cross- examination made by the respondent. PW 2 has. stated that there’ .is an idol of Baba Srichand and, Gola Sahib in the institution and, D they are objects of worship. PW 3, Bishan Dass, referred’ to the, or four Samadhs on the pr2mises of , the institution and-those are Objects 6f worship. There was no challenge to this statement in, examinatio a-in-chief by cross- -examination. PW, 5 was asked in cross.
examination whether there were Samadhs on the premises of the FE - - institution and ‘his - -answer is révealing. ‘He stated that there . are os on the premises of- the institution and there isa , other pictures of Hindu deities and “Hindu festivals are celebrated in the institution. PW 7, Surjit Singh, the local Sarpanch stated that the
‘ institution was of Udasi Fakirs, He also stated that there is a:Samadh .F of Bhai Bhagtu on the premises of the institution and it is an object of worship. He indicated that the Samadh of Bhai Bhagtu was worship- — ped.in a grand ‘scale while the -other -two Samadhs were not treated on equal basis. There was no cross-examination , of this wit-’
_ ness on this aspect. Pritam Dass, the appellant did support. his cases yo Oridinarily his evidence would have been treated as interested as he G happens to be the party but his assertions have well corroborated.
* . t
, « . Fa . . . . , Coming to the respondent’s side: the first witness Hardev Singh in his ¢xamination-in-chief stated that there isa Samadh of Bhai Bhagtu a)
_in the institution and another Sainadh of his mother. On the basis of yy this admission of the. principal witness of the respondent there can be.
- not belong to “the groups of either party and i isa Communist’ would
580 ae _ SUPREM COURT REPORTS on _ 1984) 2 80x
_no-doubt. that Samadhs exist within: the institution. At the: hearing. os, : “ * counsel had pointed out that this witness was a member of the Commu-) *~ '- nits Party. We do not think that would at all be a proper. way of appre- ciating ’ ‘the evidence of the witnesses: He was a witness ‘called by the - 7 4 respondent -and was -not! declared hostile, if he made admissions © *. in his examination- in-chiéf. On the other hand, the fact that he does”
_ lend credence to his evidence as coming from, an ‘impartial source.
* . that there are at least two Samadhs on the premises of the ington ~ “be . ' one being of- Bhai Bhagta and the other, of his mother. ,
The next witness; RW 2, Bachan Singh admitted the existence of the |. ‘ a
“Samadhs but denied that the. Samadh of Bhai Bhagtu. was an object ~ :
_of worship. RW 3, Balbir Singh, admitted the presence of Samadh of ~
- Bhai Bhagtu as also of: his mother. It.is in the evidence ‘of this witness -"\~
2 that he also belongs to the Communist Party. What, we “have said ov about RW | ° equally . applies . to this witness: RW 4, Balwant _ ved
. “Singh admitted the presence’ of Bhai Bhagtu’s Samadh; while RW 5, -- Hazura Singh stated that there were two" Samadhs on the premises—_ . oS . , .one-of Bhai Bhagtu and the other ‘of his: mother. .The last witness, To RW 6, Gurdial Singh in his evidence admitted the existence of the twe
Samadhs—of Bhai Bhagt and his mother.
This’ analysis of the evidence clearly indicates that it has ‘been | unquestionably established without ‘the’ slightest: shadow of a doubt.
ae °
‘The existence of the idol of. Baba Stichand, the’ a of the
: Udasi sect'in’ the premises. also seems to bhve been fully established.” _ _ .As already stated, Sikhs would not permit the idol of Baba ‘Srichand » . ---in a Gurdwara while Udasis would oridinarily install such an idol t te perpetuate the memory of the founder of their sect. a on e cee
“What emerges “from this discussion i is that: as found by the Tribu- nal; the succession was from Guru to Chela that Bhai Bhagtu was a'
4 anything more,‘ would be sufficient to reject’ the case of. the respeondent — iN
‘Udasi: ‘Saint and there’ are ‘Samadhs on the premises—one of- Bhai ‘Bhagtu’ and the other. of his ‘mother. Evidence- shows that there are ” photos of Hindu deities i in ‘the institution.: These, three facts; .without . that. the institution is a Sikh ‘Gurdwara: We ‘would. like to.reiterate al
‘that. existence of Samadhi and succession from Guru to Chela would clearly be - “destructive ‘of character | of the’ institution ' as: a Sikh . Gurdwara because hey are. inconsistent with, the tenets of the Sikh
PRITAM DASS V, GURUDWARA PRABANDHAK COMMITTEE (M isra,J ) 58 r oe
. religion, The issuc: before the: High Court’ as also ‘the ‘Tribunal was ’te whether the institution Dera Bhai Bhagtu 4 was a Sikh Gurdwara..
to oo ‘Reference to “another aspect would ‘be: relevant here. Counsel for the réspondent emphasised the, feature that there’ was evidence. to,
“show that Guru Granth Sahib was ‘recited and tead in this institution.
Tt is well established that Udasis.are mid- -way between Sikhs on. the | 2 one hand and 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 while. veneratifig Guru Grantk Sahib, -
: _tetained Hindu practices and also ‘showed their’ veneration to the.”
“Samadhs.’ From: the very fact. that. Guru Granth , Sahib’ was recited
7 “in this institution, no “support can. be drawn forgfhe claim that the i in- ' stitution was a _ Sikh: Gurdwara. : .
° we
‘On the fhaterials on record, -we are. of the view that’ the findings vos! “recorded by the Tribunal as also the High Court are wholly unsuppor-, ~ table to satisfy the tests indicated in law for determining thé character. “of the inttitution. WE allow the appeal, Teverse 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 a there would be. no order as to costs, -
SR Appeal allowed. . ; wi? * . £ . €. a . ~ & é _ 4 ao . \ AN eo