Punjab-Haryana High Court
Sant Ekam Singh vs State Of Punjab And Others on 17 September, 2013
Author: Rameshwar Singh Malik
Bench: Rameshwar Singh Malik
Civil Writ Petition No. 2853 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 2853 of 2013 (O&M)
Date of Decision: 17.9.2013
Sant Ekam Singh
.....Petitioner.
Vs.
State of Punjab and others
.....Respondents.
CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK
Present : Mr. Navkiran Singh, Advocate
for the petitioner.
Mr. Inder Pal Goyat, Additional A.G., Punjab.
****
RAMESHWAR SINGH MALIK J. (ORAL)
Feeling aggrieved against the alleged inaction on the part of respondent authorities, the petitioner has approached this Court, by way of instant writ petition under Article 226/227 of the Constitution of India, with primary grievance that the Deputy Commissioner, Ludhiana-respondent No.2 be directed to get an enquiry conducted against the alleged illegal action of SGPC.
While issuing notice of motion vide order dated 11.2.2013, this Court passed the following order:-
"Even though the Gurudwara Sidhsar Sahib was declared a Sikh Gurudwara Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 2 under Sikh Gurudwaras Act, 1925 in 1972 and a decree was passed in 1975, the same was not executed by the SGPC and became a dead letter. The petitioner contends that this Court by order dated 2.7.2012 rejected request of SGPC to be made a party to a suit for permanent injunction between two parties who were claiming possession. Despite the declaration by this Court as to the status of the SGPC qua the Gurudwara Sidhsar Sahib on 2.7.2012, the petitioner's complaint is that officials and elected members of the SGPC have stormed the Gurudwara and taking it into their possession and have committed arson and theft of Gurudwara property.
The prayer in this petition is for a direction to the Deputy Commissioner, Ludhiana to inquire into the matter. Since the issue involved is sensitive relating to the management of the Gurudwara, I deem it appropriate to direct the Deputy Commissioner, Ludhiana to cause an inquiry to be made into the alleged incident and submit its report within two months before this Court.
Notice of motion.
Mr. Amrit Pal Singh Gill, AAG, Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 3 Punjab accepts notice on behalf of the respondents and waives service on them. He prays for time to respond to the petition.
List on 29.4.2013."
In compliance of the above said order passed by this Court, the Deputy Commissioner, Ludhiana, constituted a three member committee headed by the Sub Divisional Magistrate, Payal; DSP Payal and Tehsildar Payal as its members to enquire into the matter. The abovesaid three member committee conducted the enquiry and submitted its report, which has been reproduced in the affidavit dated 11.4.2013 filed by the Deputy Commissioner, Ludhiana. A separate reply by way of counter affidavit of Amarjeet Singh Ghuman, Deputy Superintendent of Police Payal, has also been filed on behalf of respondents No.1, 3 and 4.
Learned counsel for the petitioner submits that petitioner is a blind person and he has been put to wholly unwarranted harassment at the hands of members of SGPC. He further submits that the enquiry conducted by the Deputy Commissioner, Ludhiana, has not been conducted in the right direction. He next contended that Members of the SGPC, officials as well as their accomplices, who came at the site and forcibly took the possession of the Gurudwara Sidhsar Sahib, illegally dispossessing the petitioner therefrom, have been given clean chit by the committee. In this view of the matter, it has become a compulsive necessity for the petitioner to move C.M. No. 13307 of 2013 with a prayer that the enquiry may be marked to the Districts and Sessions Judge, Ludhiana, so as to Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 4 unearth the actual truth and culprits may be brought to book. He submits that the Arms of the petitioner were taken into possession by the police on the date of incident, i.e. 15.1.2013 alongwith other articles.
On the other hand, learned counsel for the State, on instructions from ASI, Ajmer Singh, Police Station Maloud, submits that the petitioner is not blind, as stated on his behalf. He is having two Arms licences in his name. One Arms licence is for .12 bore gun and another licence is for revolver. Both these Arms which were earlier taken in possession by the police, have now been handed over to the petitioner. He also submits that except two Arms of the petitioner, no other article was taken in possession.
Learned counsel for the State, again on instructions from ASI Ajmer Singh, submits that SGPC or any of its member has nothing to do either with possession or management of the Gurudwara Sahib. Gill Community of 42 villages is in the possession of the Gurudwara Sahib and also managing the affairs thereof. He further submits that a fact finding enquiry was conducted by three member committee strictly in accordance with law. He concluded by submitting that in view of the enquiry having been conducted in compliance of the order passed by this Court, no further orders are called for in the present case.
Having heard the learned counsel for the parties at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, Kumar Amit this Court of the considered view that in view of the enquiry 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 5 conducted by three member committee constituted by the Deputy Commissioner, Ludhiana, in compliance of the order dated 11.2.2013 passed by this Court, no further orders are called for.
It is pertinent to refer to the prayer made by the petitioner and the same reads as under:-
i) May kindly mark an enquiry to the respondent No.2-Deputy Commissioner Ludhiana to enquire into the incident of illegal action by the SGPC member, officials and other persons in forcible taking possession of the Gurudwara Sidhsar Sahib falling in revenue estate of village Nizampur/Sahora, Tehsil Payal, District Ludhiana.
ii) With a further prayer that in the meanwhile this Hon'ble Court may direct respondent No.3 Senior Superintendent of Police, Police District Khanna to provide police protection to the petitioner, as the petitioner is apprehending danger to his life."
During the course of hearing, learned counsel for the petitioner fairly states that so far as the second prayer of the petitioner is concerned, he does not intend to press the same, at this stage. So far as the first and main prayer of the petitioner is concerned, it is an admitted position on record that enquiry has already been got conducted and the relevant part thereof, reads as under:-
Kumar Amit2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 6
"We Mohinder Pal Sub Divisional Magistate, Payal; Amarjit Singh Ghuman, DSP Payal and Kanwar Nirender Singh Tehsildar Payal alongwith SHO Maloud, Halqa Kanugo and Sh. Darshan Singh Narula, Clerk Sub Divisional Magistrate Office, Payal visited the spot of incident on 26/02/2013.
On the spot 48 persons of nearby villages were present, their signatures/thumb impressions were taken on the sheet.
The statement of Sh. Ekam Singh son of Sh. Karam Singh, resident of Sihora was recorded. He stated that he had been serving the site since 1968-69. On 15th January, 2013 at 4:30 A.M. in the morning employee of SGPC took away his mobile phone in their possession and started threatening him and also took his Kara, ring and firearms (Revolver) in their possession. They pulled him in a vehicle and took him alongwith them and left him at Kup and from there he went to his sister's village Bulhari. 15-20 persons who came were Harpal Singh Jalla, SGPC Member, Sukhvinder Singh Grewal Manager Karana Sahib, Amarjit' Singh Ex-Sarpanch, village Mangawal and present Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 7 Sarpanch village Sahora, Karnail Singh son of Pal Singh, Granthi Katana Sahib and Jagtar Singh son of Kartar Singh resident Nizampur, Charanjit Singh son of Sardara Singh, Nizampur, Gurdeep Singh Secretary Village Jawaddi and they took possession of the Gurudwara. Now the gurdwara was in the possession of Gill Community.
The statement of Sukhwinder Singh son of Tehal Singh resident of Sirkhala was also recorded. He stated that on 15th January 2013 he was present at the site. On that day he came at 6:45 AM, at the time Baba Ekam Singh was sitting on a bench, four-five employees of SGPC were surrounding them. When they were taking Babjit in the vehicle they showed me golden Kara, ring and Rs. 81,000/- cash and took the vehicle of Baba ji in their possession.
Out of the 48 persons who were present on the site about 33 persons gave a joint statement that on 15th January, 2013 when this incident possession of SGPC nor any SGPC member was present at the site. At present this site was in the possession of Gill community of 42 villages. Committee or any Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 8 other persons had no concern with this site. Gill community wanted to serve this site.
From the statement made by Baba Ekam Singh and 33 people, it is clear that now the premises (Gurdwara Sahib) is in the possession of Gill community.
Baba Ekam Singh, Sukhwinder Singh have supported the allegation made in the writ petition. No other independent person has been produced by Ekam Singh to support the allegations.
Harpal Singh s/o Channan Singh resident of Jalla, Gurdip Singh s/o Amar Singh resident of Jandiali, Saminder Singh s/o Bhajan Singh, Mohan Singh s/o Khusia Singh, Amarjit Singh s/o Kamirar Singh, Gurdip Singh s/o Gurdev Singh, Avtar Singh s/o Kartar Singh, Charanjit Singh s/o Sardara Singh, Bhadar Singh s/o Gurdial Singh, Jarnail Singh s/o Pal Singh, Avtar Singh s/o Gurdev Singh, Manjit Singh s/o Mehar Singh, Basant Singh s/o Gajjan Singh, Harvinder Singh s/o Bhupinder Singh, Sakinder Singh s/o Basant Singh and Sukhwinder Singh s/o Kulwant Singh made their statements before the police at Police Station Maloud.
Kumar Amit2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 9
Harpal Singh s/o Channa Singh resident of Village Jalla, member SGPC in his statement stated that in the year 2011 area residents and panchayats formed a local committee and took charge of the Gurdwara. In the year 2012 as per compromise local committee and SGPC took complete control and no dispute took place at the time of taking possession, rather Baba Ekam Singh co- operated and he was also give "Siropa". List of articles was prepared and licensed revolver and rifle .12 bore was deposited in police station Maloud and the remaining articles Rs. 81,000/- and golden ring and kara is lying safely at Gurdwara Katana Sahib. He stated that no dispute took place and Baba Ekam Singh has filed false complaint. Name of Baba Ekam Singh does not find mentioned in any revenue record and only SGPC is entitled for the entire management. He levelled allegation that Baba alongwith his companion had earlier threatened the employee of SGPC to kill them.
The other persons referred above also made similar statements.
From the statements of both the Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 10 parties, prima facie no forcible possession of the Gurdwara from Baba Ekam Singh was taken and no arson or theft of Gurdwara property took place. Now the possession of Gurdwara is in the hands of Gill community as also admitted by Baba Ekam Singh.
-Sd- -Sd-
Sub Divisional Magistrate, Deputy Superintendent of Police.
-Sd-
Tehsildar, Payal,"
In view of the above said detailed enquiry having been conducted by the three member committee constituted by the Deputy Commissioner, Ludhiana, this Court is satisfied that the committee has proceeded on factually correct and legally justified approach, while conducting the enquiry. Further, in the counter affidavit filed on behalf of respondents No. 1, 3 and 4, it has been specifically mentioned that the petitioner has compromised the matter with the opposite party.
The relevant averments taken in the counter affidavit dated 24.4.2013 filed by Amarjeet Singh Ghuman, Deputy Superintendent of Police, Payal, read as under:-
"During the enquiry proceedings, the petitioner also compromised the matter with his opposite party and the petitioner also furnished an affidavit duly attested by the Executive Magistrate. In the said affidavit, the petitioner has mentioned that he does no want any action on his application as he has Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document Civil Writ Petition No. 2853 of 2013 (O&M) 11 compromised the matter. Thus, the said application of the petitioner has been filed. Copy of the enquiry report of respondent No.4 is annexed hereto as Annexure R-1/T. Hence, the present petition is liable to be dismissed on this ground alone."
However, the above said aspect of the matter has been denied by the learned counsel for the petitioner saying that the petitioner had never entered into any compromise, as wrongly alleged.
Be that as it may, no further enquiry is required to be marked to the learned District and Sessions Judge, Ludhiana, as prayed for by the petitioner in the above said C.M. No. 13307 of 2013.
No other argument was raised.
Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that in view of the enquiry conducted in compliance of the order dated 11.2.2013 passed by this Court, no further orders are called for.
Resultantly, the present writ petition as well as application stand disposed of.
(RAMESHWAR SINGH MALIK) JUDGE 17.9.2013 Ak Sharma Kumar Amit 2013.11.11 14:06 I attest to the accuracy and integrity of this document