SHIROMANI GURDWARA PARBANDHAK COMMITTEE Vs. MAHANT HARNAM SINGH

JUDGEMENT

(1.) These appeals by Special leave arise from a common judgment of a Division Bench of the Punjab and Haryana High Court. Before the High Court appeals were filed challenging the order dated 9-11-1981 passed by the Sikh Gurdwara Tribunal, Punjab, Chandigarh (in short the Tribunal) in Petition Nos. 119 and 121 of 1962.

(2.) Synoptical resume of the factual position is as follows : Acting on a petition under S. 7(1) of the Sikh Gurdwaras Act, 1925 (in short the Act) made by 60 persons, who claimed to be worshippers, for declaring that the institution in question (known as Gurdwara Guru Granth Sahib) situated in the revenue estate of Jhandawala district Bhatinda to be a Sikh Gurdwara, the Government of Punjab published a Notification No. 1216-G.P., dated 23rd June, 1961 under S. 7(3) of the Act describing the said institution as a Sikh Gurdwara. When the petition under S. 7(1) was notified, Mahant Harnam Singh, Chela Narain Singh, Nirmala Sadhu the original respondent (who has died in the meantime and is represented by legal representatives) filed a counter-petition under S. 8 of the Act claiming that the institution in dispute was not a Sikh Gurdwara but it was a Dera Bhai Saida Ram. Similar petition under S. 8 of the Act was also moved by 58 persons of the Dera alleging that the institution in dispute was not a Sikh Gurdwara. Both these petitions were forwarded by the State Government to the Tribunal for disposal. In the two petitions Shiromani Gurdwara Prabhandhak Committee (hereinafter referred to as the Committee) was arrayed as the respondent.

(3.) Stand of Harnam Singh was that the Dera was not established in the memory of any Sikh Guru or in commemoration of any incident in the life of any of the Ten Sikh Gurus or in memory of any Sikh Martyr, saint or historical persons and never been used for public worship by Sikhs. On the other hand, the institution was established by Bhai Saida Ram who was a Nirmala and it came to be known as Dera Bhai Saida Ram. The Dera had been in possession of Nirmal Sadhus for generations and all the Mahants had been Nirmalas and by succession devolved from Guru to Chela subject to confirmation by Nirmala. Gurdial Singh and Ishar Singh, Lambardars of village Jhandawala who were also signatories to a petition under S. 7(1) had earlier filed a civil suit under S. 92 of the Code of Civil Procedure, 1908 (in short the CPC) in the Court of District Judge, Bhatinda for his removal from Mahantship and the same was dismissed on 31-3-1956. It was held that the institution was not a Sikh Gurdwara and the Sikhs had no interest in it. It was a Dera of Nirmala Sadhus. In appeal, High Court reversed the conclusions. In further appeal, the conclusions of the trial Court were restored by this Court; by judgment dated 24-2-1967. Said judgment is Mahant Harnam Singh vs. Gurdial Singh and another (AIR 1967 SC 1415).