DERA SIRI CHAND DARBAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Writ Petition by Dera Siri Chand Darbar, Baba Tahli Sahib, Dera Baba Nanak through its Mahant Karan Dass, Chela Sudershan Dass, resident of village Pakhoke, Dera Baba Nanak, District Gurdaspur against the State of Punjab and others filed under Articles 226/227 of the Constitution of India whereby the issuance of appropriate writ, order or direction directing the respondents especially respondent No. 4 to register criminal case against respondent No. 5 to 12 under Sections 452/447/506/148/149 I.P.C. and also direction to respondents No. 1 to 4 directing them to take immediate steps; so that there is no breach of peace committed by respondents No. 1 to 4 directing them to provide security to the petitioner and also to the property of the petitioner against the unlawful threats and the evil designs of respondents No. 5 to 12 has been prayed. Interim direction has also been prayed for the petitioner to respondents No. 1 to 4 to immediately provide him security for prevention of breach of peace.

(2.) IT is averred by the petitioner that Dera Siri Chand Darbar Baba Tahli Sahib Dera Baba Nanak is a religious institution which was founded by Baba Siri Chand. Dera was named after him being the founder of the institution. The Dera popularly known as "Mandir Tahli Sahib" is purely a religious institution. About 7-1/2 killas of land situated in village Abdal is attached with the Dera. Offerings made at the Dera and the income of the Dera which is used for religious purposes, namely, the maintenance of the Mandir as well as in arranging food, boarding and lodging for the devotees and the Sadhus who visit the dera especially on occasions like Siri Chand Naumi and Mela Siri Chola Sahib. The Mahantship of the Dera devolves as per the wishes of the Guru. As per the wishes of the previous Mahant late Sudarshan Dass, the present Mahant Karan Das was appointed as Mahant on 12.10.73 and since then, Mahant Karan Dass has been acting as Mahant of the Dera and managing the affairs of the Dera without any interference from any quarter. As per Jamabandi for the year 1989-90, land measuring 58 Kanals 5 marla is owned by the Dera in the name of the Mahant of the Dera. In the year 1993, certain persons were interfering in the possession of the petitioner over the land and thereupon the petitioner filed suit for permanent injunction restraining them from interfering with his possession. Sub Judge Ist Class, Batala decreed the suit in favour of the petitioner on 25.11.1993. Mandir of the Dera Baba Siri Chand is situated in Khasra No. 59, Khewat No. 277. The land over which the Mandir is situated is personally owned by Mahant Karan Dass as per the Jamabandhi for the year 1968-69 as this land which was owned by Mahant Ishar Dass was bequeathed to the petitioner. The ownership of petitioner-Karan Dass over Khasra No. 59 was also established by judgment/decree dated 27.11.1975 by Sub Judge, Ist Class, Batala, copy of which is Annexure P/2. Ever since his appointment as Mahant on 12.10.73, Mahant Karan Dass-petitioner has been recognised and accepted as Mahant of the Dera. He has been residing at the Dera and performing the daily religious ceremonies at the Dera such as performing Dhoop Deeva and he has been keeping the land attached with the Dera. He has been exercising full control and dominion over the income of the Dera using it exclusively for religious affairs and maintenance of the Dera. Respondents No. 5 to 9 are brothers of petitioner-Mahant Karan Dass. They are jealous of him and have been creating problems for him for some time past. They are keeping an evil eye on the property of the Dera. They want to usurp the income of the Dera. Petitioner-Jalan Dass is not permitting them to usurp the income of the Dera. Respondents No. 5 to 9 are disposed inimically towards Mahant Karan Dass. They colluded with certain undesirable persons in the Ilaqa and have hatched conspiracy to forcibly occupy the property of the Dera and to remove Mahant Karan Dass by illegal means. They joined Sarpanch Lakha Singh-responent No. 10, Kulwant Singh-respondent No. 11 and Amrik Singh- respondent No. 12 in this conspiracy with them. On 4.3.97, the petitioner- Mahant Karan Dass was present in the Mandir of the Dera as usual for making arrangements for the Mela Chola Sahib which is solemnised at the Dera from 4.3.97 to 6.3.97. Jasbir Kaur w/o Mahant Karan Dass was also present there along with Balwinder Singh and Kuldeep Singh of village Tarpalla. On 4.3.97, at about 11.00 A.M., respondents No. 5 to 12 forming an unlawful assembly armed with deadly weapons like Kirpans, Knives and other sharp-edged weapons and accompanied by unruly mob trespassed into the Dera and threatened and abused Mahant Karan Dass, his wife and the other persons who were present in the Mandir and threatened Mahant Karan Dass that they would forcibly occupy the Mandir and also plough the land of the Dera forcibly and they would remove Mahant Karan Dass from the Dera and in case he offered any obstacle he would be done to death. They disturbed the peaceful and festive atmosphere of the Dera and after trespassing into the Dera committed breach of peace and held out threat to forcibly remove the petitioner-Mahant Karan Dass and occupy the land. As the petitioner-Mahant Karan Dass in the presence of his wife Jasbir Kaur, P.W.'s Balwinder Singh, Kuldeep Singh and other persons resisted the advances made by respondents No. 5 to 12, the situation took a serious turn and the news of the incident spread in the area upon which the D.S.P. Dera Baba Nanak alongwith S.H.O., Dera Baba Nanak reached the spot with police force. The people who had gathered at the spot narrated the actual occurrence before the police officers and stated that respondents No. 5 to 12 alongwith other persons were taking the law in their own hands. Respondents 5 to 12 did not relent and continued holding out threats to the petitioner even in the presence of the police force. Apprehending breach of peace at the hands of respondents 5 to 12, the police took them as well as the petitioner to the police station, Dera Baba Nanak. Police did not take any action against respondents No. 5 to 12 although they were satisfied that respondents No. 5 to 12 had committed cognisable offence. A chit was received from Sh. Lakhmir Singh Randhawa Ex. Minister by S.H.O. Dera Baba Nanak, during the period when the petitioner and respondents No. 5 to 12 were in detention at the police station, Dera Baba Nanak. On receipt of that chit, respondents No. 5 to 12 were let off. On the contrary, the petitioner and his wife were told that they should leave the Mandir and should not come there because if they continued to reside at the Mandir, they would be attacked and might even be murdered by respondent No. 5 to 12. Thereafter, the petitioner and his wife were also allowed to go from the Police Station and they came back to the Dera. No action was taken by D.S.P., Dera Baba Nanak and S.H.O. Dera Baba Nanak against respondents 5 to 12 despite his request to them that action be taken against respondents No. 5 to 12 with the result, respondents No. 5 to 12 have begun feeling more emboldened and since then they have been daily threatening and abusing the petitioner so that he feels compelled to leave the Dera. When the local police failed to take any action against respondent No. 5 to 12, the petitioner Mahant Karan Dass sent complaints to Director General of Police, Punjab, I.G. Border Range, Amritsar and S.S.P., Batala through registered post. Respondents No. 5 to 12 became still more aggressive towards him. They have been visiting the Dera daily and abusing and holding out threats to him to vacate the Dera or else they would not let him have restful slumber. Respondents No. 5 to 12 have vitiated the atmosphere of the Dera and have taken law in their own hands.

(3.) RESPONDENTS No. 1 to 4 also put in reply in the form of affidavit of Sh. Darshan Singh Dhindsa, Deputy Superintendent of Police. Halqa Dera Baba Nanak urging that the petitioner has neither been performing the duties of the Mahant nor has he been residing in the Mandir as revealed by the enquiry conducted on the application of Mahant Karan Dass by the police. It was found that (the petitioner) has been residing at village Fatehgarh Churian for the last 18 years with his family. His remaining five brothers and their mother have been residing at Pakhoketahli Gaddi Baba Siri Chand since 1948. Festival of Chola Sahib was celebrated at the Dera. Baba Karan Dass wanted to be appointed to the Gaddi of Baba Siri Chandji. He was restrained from doing so by the respectables of the village, Narmada Devi and her sons. Police force was present there due to the festival. Due to the presence of the police force, Baba Karan Dass and his family went to Fatehgarh Churian. No quarrel took place at the spot. No cognisable offence was found to have been committed. Enquiry revealed that the matter was of civil nature. Karan Dass has moved application so as to obtain gaddi of the Dera known as the Mandir of Baba Tahli Sahib.