Supreme Court - Daily Orders
Harbhajan Singh vs State Of Haryana on 6 August, 2014
pp W.P.(C) No.735/2014 1
ITEM NO.1 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).735 OF 2014
HARBHAJAN SINGH Petitioner(s)
VERSUS
STATE OF HARYANA AND ORS Respondent(s)
Date : 07/08/2014 This petition was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE KURIAN JOSEPH
For Petitioner(s) Mr. Harish N. Salve, Sr. Adv.
Mr. R.S. Suri, Sr.Adv.
Mr. Rohit K. Aggarwal, Adv.
Ms. Suruchi Suri, Adv.
Ms. Pallavi Tayal Chadda, Adv.
Mr. Chanchal Kumar Ganguli ,Adv.
For Respondent(s) Mr. Raju Ramachandran, Sr. Adv.
State of Haryana Mr. Manjit Singh, Sr. Adv.
(R.No.1) Mr. Akshay Singh, Adv.
Ms. Nupur Chaudhary, Adv.
Mr. Kamal Mohan Gupta, Adv.
UOI Mr. Mukul Rohatgi, Atorney General for India
(R.No.2) Mr. Maninder Singh, ASG
Mr. T.V. Ratnam, Adv.
Ms. V. Mohana, Adv.
Ms. Vandana, Adv.
Ms. Sushma Suri, Adv.
SGPC
Signature Not Verified
Mr. A.K. Ganguly, Sr. Adv.
(R.No.3)
Digitally signed by
NEETU KHAJURIA
Date: 2014.08.07
Mr. Satinder Singh Gulati, Adv.
18:02:33 IST
Reason: Ms. Kamaldeep Gulati, Adv.
State of Punjab Mr. Ashok Agrawal, Sr. Adv.
(R.No.4) Mr. Ajay Bansal, AAG
W.P.(C) No.735/2014 2
Mr. Sanchar Anand, AAG
Mr. Kuldip Singh, Adv.
Mr. Piyush Hans, Adv.
Mr. Gaurav Yadava, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Mr. Raju Ramachandran, learned senior counsel, appears for respondent No.1 (State of Haryana) and prays for time to address the Court on prima facie consideration of the matter. He has placed before us a note which inter alia records the status with regard to subject Gurudwaras (mentioned in Schedule-I, Schedule-II and Schedule-III of the impugned enactment) as under :-
"On 6.8.2014, HSGMC leaders organized a Sikh Sammelan on the road in front of the 6th Patshahi Gurdwara, Kurukshetra where they have been camping since 3.8.2014, with a gathering of about 800/850 persons. In the morning, HSGPC tried to overrun the barricades several times but were stopped by the police. On the other hand, Bibi Jagir Kaur who was present in the 6th Patshahi Gurudwara at Kurukshetra told the press reporters that the act of HSGMC supporters camping outside the Gurdwara is illegal.
At around 1.30 pm, 100/125 HSGMC supporters led by Sardar Avtar Singh Chaku entered the 6/9 Patshahi Gurdwara at Cheeka, Distt Kaithal and took possession of the same from 34 workers/supporters of W.P.(C) No.735/2014 3 SGPC who were camping there. There was no violence during the takeover. 28 Supporters of SGPC dispersed quietly and 6 of them stayed back with the consent of HSGMC. HSGMC later appointed the office bearers of this Gurdwara from amongst the local people, some of whom were already looking after the affairs of the Gurdwara. By evening Sh. Jagdish Singh Jhinda alongwith HSGMC supporters gathered in the Gurdwara (Total about 200/225) to prevent the re-takeover by SGPC supporters. Adequate police arrangements have been made at Cheeka to prevent any untoward incident.
Meanwhile in Kurukshetra, at around
2.00 pm, announcement of takeover of Cheeka Gurudwara was made on the loudspeaker in the sammelan that was going on. A section of the HSGMC supporters feeling restive, attempted to takeover the possession of the 6th Patshahi Gurdwara, Kurukshetra. The HSGMC supporters, brandishing swords and sticks, tried to enter the Gurdwara premises by breaching the two tier cordon put in place by the police to prevent direct clashes between HSGPC and SGPC supporters. They also hurled stones at the Police personnel and other Govt. officials on duty also damaging various Govt. vehicles including a fire brigade and other private vehicles. To maintain law and order, police personnel resorted to use of water cannons, teargas shells and minor force on the violent mob. A total of 30 persons, including a dozen police personnel were injured in the clash, who were later admitted to the hospital. An F.I.R. No.517 dated 6.8.2014 u/s 148, 149, 323, 325, 341, 332, 353, 186, 506, 114, 427, IPC and Section 3 of Prevention of Damage to Public Property Act, PS City Thanesar has been registered against 200/250 unknown supporters of HSGMC.
W.P.(C) No.735/2014 4Around 8 pm, three small gurdwaras falling in area of Ladwa, Distt.
Kurukshetra Gurdwara Dayodni Sahab, Gurdwara Bani Badarpur and Gurdwara Salempur were also taken over by supporters of HSGMC lead by Ajaib Singh Lohara. The takeover was peaceful. In another incident on the same day (06.8.2014) at around 02:30 PM, 25-30 local supporters of HSGMC led by Gurbaz Singh r/o vill. Sikandar, PS Radaur peacefully entered the Jhinwarheri Gurdwara (Mentioned in List 3 of the HSGMC Act, 2014 with an annual income of less than Rs. 20 Lakhs), Police Station Chhappar, District Yamunanagar and wrested control of the Gurdwara peacefully. Police force and duty magistrate were immediately rushed to the spot to maintain law and order. Thereafter, the local managing committee of the Gurdwara led by the President Jaswant Singh r/o Bilaspur, Yamunanagar reached there to assess the situation and held talks with the HSGMC supporters in a peaceful manner and went away. Later on in the evening, Joga Singh, General Secretary, HSGMC visited this Gurdwara along with his supporters. Thereafter, he met DC & SP Yamunanagar who advised him to maintain peace in the district.
Meanwhile, influx of SGPC and Shiromani Akali Dal leaders from Punjab to various Haryana Gurdwaras has continued unabated alongwith their supporters, some of whom are armed. Sh. Sukhbir Singh, ex-MLA Faridkot Akali Dal and Sh.Dayal Singh, Akali Dal, Block Lambi President reached Guru Teg Bahadur Gurdwara Jind alongwith his 20 supporters at 10:20 AM today i.e. 07.08.2014. Punjab Agro Chairman also reached this Gurdwara at about 10:45 AM. Smt.Upender Kaur, ex-Education Minister, Punjab (SAD) reached at Gurdwara Kapal Mochan, Yamunanagar at 11:30 AM alongwith W.P.(C) No.735/2014 5 her supporters. Approximately 150 members of Sikh Sangat from Punjab reached Gurdwara Nada Sahib Panchkula today and stocked brick and stone ballast at the Gurdwara roof. Similar mobilization has been reported from Punjab to Dhamtan Sahib Gurdwara in district Jind. HSGMC activists are likely to continue their dharna and other protest activity till possession is handed over to them. The SGPC supporters inside various Gurdwaras, sizeable in number, also do not appear to be in mood to vacate the possession. As such, the stand-off is likely to continue. While the situation has remained under control, so far, with police taking various steps to maintain law & order including heavy deployment of police force, further attempts by HSGMC to enter the Gurdwaras with the large mobilization of Sikh Sangat or any provocative action by SGPC supporters from inside the Gurdwara may lead to violent clashes between the two groups.
Situation is tense but under control. However, potential flashpoints in the state which are emerging are 6th Patshahi Gurdwara at Kurukshetra, 6th/9th Patshahi Gurdwara at Cheeka, Kapalmochan Gurdwara at Yamunanagar, Nada Sahib Gurdwara at Punchkula and Dhamtan Sahab Gurdwara at Jind.
"
Mr. A.K. Ganguly, learned senior counsel, appearing for respondent No.3, Shiromani Gurdwara Prabandhak Committee (SGPC), does not accept the position of the subject Gurudwaras reflected in the above note as it is although he does not dispute W.P.(C) No.735/2014 6 that Haryana Sikh Gurudwara Management Committee (HSGMC) has taken possession of 6/9 Patshahi Gurudwara at Cheeka, District Kaithal.
Mr. Mukul Rohatgi, learned Attorney General, placed before us a note relating to development of formation of HSGMC prepared by Ministry of Home Affairs. We have perused the same.
Having regard to the above developments, we are satisfied that until the matter is considered further, status quo with regard to subject Gurudwaras must be maintained by all concerned. We also restrain SGPC (respondent No.3) and HSGMC (Respondent No.5) from doing any act which may lead to disturbance of status quo with regard to the subject Gurudwaras as existing at 2.30 p.m. today, i.e., 7th August, 2014 in all respects.
The Director General of Police, Haryana, and the concerned Superintendent of Police of the Districts are directed to ensure that law and order is not disturbed in the State/Districts in any manner what so ever and all precautionary measures are taken in this regard.
W.P.(C) No.735/2014 7Mr. Raju Ramachandran, learned senior counsel submits that appropriate steps have already been taken by the State Government in maintaining law and order. We record the statement of Mr. Raju Ramachandran.
SGPC (Respondent No.3) and HSGMC (respondent No.5) are directed to open new bank accounts immediately with regard to the subject Gurudwaras under their management and possession and deposit all offerings, gifts etc. received in the Gurudwaras in that account.
List the writ petition on 25th August, 2014 at 2.00 p.m. before this Bench.
(Neetu Khajuria) (Renu Diwan)
Sr.P.A. Court Master