Relief for Uttarakhand Govt as HC Dismisses Plea Challenging Devsthanam Act

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The Uttarakhand High Court on Tuesday dismissed a petition filed by senior BJP chief Subramanian Swamy difficult the Devsthanam Act launched for the administration of 51 temples within the hill state, together with Badrinath and Kedarnath.

The division bench of the court docket comprising Chief Justice Ramesh Ranganathan and Justice RC Khulbe whereas delivering the order maintained that Char Dham Devasthanam Management Act, 2019, doesn’t violate the liberty of faith as talked about within the petition beneath numerous sections of the structure.

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Swamy, in a collection of tweets, advised he’ll transfer the Supreme Court in opposition to the judgment. “I am awaiting the full judgment to be up loaded. Broadly some Sections appear to have been struck down, but the Act as such minus these Sections remains. Hence I have to approach the SC as in my earlier victories after losing in the HC e.g., Sabhanayagar Nataraj, 2G Spectrum cases (sic),” tweeted Swamy minutes after the choice got here.

He added, “Ultimately for our system to work there has to be faith in the system, which depends on the case arguments and the judges appreciation of the same. Hence we have for Writ petitions two tier safeguard: HC and SC. Some times HC says yes and SC says no & vice versa.”

Swamy in his petition had underlined that the govt has no right to get entangled in non secular affairs. The Act, he mentioned, was unconstitutional and violates basic rights assured by the structure of the nation. During arguments, Padmanabh Swamy Temple case was additionally quoted in help of Swamy’s plea. Interestingly, a Dehradun-based NGO RLEK got here in favour of the Act. Kartikey Hari Gupta, counsel for RLEK, mentioned Devasthanam Act and Padmanabh Swamy Temple are completely different cases and the court docket took this reality into consideration.

“In Padmanabh case, the continuous management of king and his successors was found out by the court since the year 1686. In the case of Badrinath Temple, such continuous management of the king was broken in the year 1899 when the scheme of administration was made to govern these temples by the High Court of Kumaon” Gupta advised Information18.

The Trivendra Rawat govt last November determined to introduce revered shrines Badrinath, Kedarnath, Gangotri, Yamunotri and 47 different temples beneath the purview of Char Dham Devasthanam Management Act for professionally managing providers and the rising numbers of pilgrims visiting these temples. Last 12 months, greater than 30 lakh pilgrims visited Char Dhams. This 12 months, as a consequence of Covid-19, the pilgrimage is restricted just for guests from the state.

Meanwhile, the chief minister expressed satisfaction over the decision, saying govt has no intention to scrap rights of these concerned within the affairs of the temple. “The Act is meant for providing better services in the Char Dham circuit and we are committed to it,” he mentioned.

[Attribution News18]

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