Uttarakhand HC junks Swamy PIL difficult Char Dham Act

Written by Lalmani Verma
| Lucknow |

Published: July 22, 2020 4:43:08 am

Uttarakhand High Court

The Uttarakhand High Court on Tuesday dismissed the PIL filed by BJP chief and Rajya Sabha member Subramanian Swamy, difficult the constitutional validity of the Uttarakhand Char Dham Devasthanam Management Act, 2019. The petition had sought a course to strike down the Act.

A division bench of Chief Justice Ramesh Ranganathan and Justice RC Khulbe, whereas dismissing the PIL, stated, “Except to the restricted extent that the phrases ‘shall devolve’ in Section 22 should be learn as ‘devolve on the Char Dham and shall be maintained by the Board’, and the phrases ‘might additional purchase land’, within the proviso thereto, shall be learn as ‘might additional purchase land on behalf of the Char Dham’, the problem to the validity of the 2019 Act, on the bottom that it violates Articles 14, 25, 26 and 31-A of the Constitution of India, should fail.”

The Act, which brings the Char Dham of Badrinath, Kedarnath, Gangotri and Yamunotri and lots of different temples below the purview of the Uttarakhand Char Dham Devasthanam Board, has confronted protest from the Congress in addition to from clergymen and pandas of the Badrinath shrine, who had earlier staged demonstrations in Dehradun and different districts.

Swamy, in February, filed a PIL difficult the Act, and the High Court on July 6 had reserved judgment within the matter.

In the judgment, the courtroom said that the rivalry that the Act discloses the avaricious intent of the state to intrude with spiritual issues, and its intent to take over the properties of the temple given for worship, below the garb of secular actions, is devoid of advantage.

“We are happy, due to this fact, that every one the Char Dham and related temples are public temples whose secular features may be regulated by a legislation made by the competent legislature,” the courtroom stated within the order.

Chief Minister Trivendra Singh Rawat welcomed the judgment and stated the structure of the board was not a political matter. However, Swamy indicated he’ll enchantment the matter within the Supreme Court.

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