STATE OF BOMBAY Vs. SHASTRI YAGNA PURUSHADASJI

JUDGEMENT

(1.) [His Lordship after stating the facts of the case, proceeded.] It was not contested before the trial Court after remand that the temples in suit were public religious institutions. The only question that was agitated was whether the temples could be regarded as Hindu temples and it was submitted on behalf of plaintiffs that they were not, as these temples were meant exclusively for the followers of the Swaminarayan creed who, according to plaintiffs, did not profess the Hindu religion. The learned trial Judge held, in view of the definite finding of his predecessor before remand that the congregation of Satsang constituted a section of the Hindu community, that it was not open to the plaintiffs to contend before him that the followers of the Swaminarayan sect were not a section of the Hindu community. As regards the nature of the temples, after considering exhaustively the evidence on the record, the trial Court recorded a finding that the Swaminarayan temple at Ahmedabad and the temples subordinate thereto were Hindu religious institutions within the meaning of Article 25(2)(b) of the Constitution.

(2.) THIS finding is supported by the learned Government Pleader and is challenged strenuously by Mr. M.V. Desai, learned Counsel appearing on behalf of respondent -plaintiffs. According to Mr. Desai, members belonging to the Swaminarayan Sampradaya do not profess the Hindu religion and, therefore, their temples are not Hindu temples. It is not disputed before us that the declaration and injunction granted by the trial Court would not stand in case the temples belonging to the Swaminarayan sect come within the ambit of the provisions of the Bombay Hindu Places of Public Worship (Entry Authorization) Act (XXXI of 1956), which will hereafter be also referred to as Act XXXI of 1956. Now, the Bombay Harijan Temple Entry Act, 1947, has been repealed by this Act. Sections 2 and 3 of Act XXXI of 1956 run as follows : - 2. In this Act, unless the context otherwise requires, - (a) 'place of public worship' means a place, whether a temple or by any other name called, to whomsoever belonging which is dedicated to, or for the benefit of, or is used generally by, Hindus, Jains, Sikhs or Buddhists or any section or class thereof, for the performance of any religious service or for offering prayers therein; and includes all lands and subsidiary shrines appurtenant or attached to any such place, and also any sacred tanks, wells, springs and water courses the waters of which are worshipped, or are used for bathing or for worship; (b) 'section' or 'class' of Hindus includes any division, sub -division, caste, sub -caste, sect or denomination whatsoever of Hindus.

(3.) [His Lordship after referring to passages from Vachanamrit, Shikshapatri and Satsangijwan, scriptures of the Swaminarayan sect, proceeded.]