Wed, Jul 23, 2014 at 5:27 PM
Take Control of Haryana Gurdwaras through Court
The plea of Shiromani Akali Dal that the Haryana Assembly does not have the power to pass the Act and that the Act is unconstitutional and is a matter to be decided by the Supreme Court. The opinion of the Attorney General is binding on the Central Govt. alone. The said opinion is not a law and the State government may not agree with that. There have been numerous instances when the Central government took action on the opinion of Attorney General and the said actions were quashed by the Courts for being illegal. The Haryana Govt. has its own Advocate General and the Haryana Advocate General has given the opinion that Haryana assembly is empowered as per the constitution to pass this Law. This issue can now only be resolved by the Supreme Court. In view of this position, the provocative speeches by the Akali leaders and the filling of Haryana Gurdwaras by the armed men is absolutely wrong.
The SAD is taking this action under the pretext of keeping the Sikh Panth united, and at the same time trying to create violence and disturb peace in Gurdwaras. This action of SAD is totally dividing the Sikh Panth and is detrimental to the Panth. If the SAD had been sincere that they do not want division in the Panth they should file the Petition in the Supreme Court by now. The reason that they are not filing the petition itself shows that they are not sure about succeeding in the Supreme Court and the correctness of legal position propounded by them.
Mr. Phoolka appeals to Sikh Leaders of Haryana that not to take the help of Police in taking over the control of Gurdwaras. This could results in violence in the Gurdwara. Badals want violence in the Gurdwaras at this moment because they have utterly failed on all the fronts and wants to take up issue of use of Police by Haryana government in Gurdwaras.
Mr. Phoolka advised the HSGPC leaders to use other methods and to avoid Police and violence. According to Mr. Phoolka the best way to take over control is that after the HSGPC is constituted, it should file a Suit for Injunction against S. Avtar Singh Makkar – President SGPC and S. Sukhbir Singh Badal President Shromani Akali Dal, seeking the orders from the Court that these persons and their agents should be restrained from interfering in the management of Haryana Gurdwaras. After the Court passes restraining order and if S. Avtar Singh Makkar and S. Sukhbir Singh Badal does not obey these orders and keep interfering in the management, then both can be arrested in the proceeding of ‘Contempt of Court’ and in such eventuality they would not be released till they stop interfering in the management and obey the directions of the Court. This way the violence as well as the Police interference in the Gurdwaras will be avoided.
Both the sides should wait for the final decision by the Court. In the meanwhile, the 11 members of SGPC who are elected from Haryana should be given the control and management of the Gurdwaras in Haryana, with a clear understanding that they will further handover the control to the party whichever ultimately succeeds in the Supreme Court.
Take Control of Haryana Gurdwaras through Court
The plea of Shiromani Akali Dal that the Haryana Assembly does not have the power to pass the Act and that the Act is unconstitutional and is a matter to be decided by the Supreme Court. The opinion of the Attorney General is binding on the Central Govt. alone. The said opinion is not a law and the State government may not agree with that. There have been numerous instances when the Central government took action on the opinion of Attorney General and the said actions were quashed by the Courts for being illegal. The Haryana Govt. has its own Advocate General and the Haryana Advocate General has given the opinion that Haryana assembly is empowered as per the constitution to pass this Law. This issue can now only be resolved by the Supreme Court. In view of this position, the provocative speeches by the Akali leaders and the filling of Haryana Gurdwaras by the armed men is absolutely wrong.The SAD is taking this action under the pretext of keeping the Sikh Panth united, and at the same time trying to create violence and disturb peace in Gurdwaras. This action of SAD is totally dividing the Sikh Panth and is detrimental to the Panth. If the SAD had been sincere that they do not want division in the Panth they should file the Petition in the Supreme Court by now. The reason that they are not filing the petition itself shows that they are not sure about succeeding in the Supreme Court and the correctness of legal position propounded by them.
Mr. Phoolka appeals to Sikh Leaders of Haryana that not to take the help of Police in taking over the control of Gurdwaras. This could results in violence in the Gurdwara. Badals want violence in the Gurdwaras at this moment because they have utterly failed on all the fronts and wants to take up issue of use of Police by Haryana government in Gurdwaras.
Mr. Phoolka advised the HSGPC leaders to use other methods and to avoid Police and violence. According to Mr. Phoolka the best way to take over control is that after the HSGPC is constituted, it should file a Suit for Injunction against S. Avtar Singh Makkar – President SGPC and S. Sukhbir Singh Badal President Shromani Akali Dal, seeking the orders from the Court that these persons and their agents should be restrained from interfering in the management of Haryana Gurdwaras. After the Court passes restraining order and if S. Avtar Singh Makkar and S. Sukhbir Singh Badal does not obey these orders and keep interfering in the management, then both can be arrested in the proceeding of ‘Contempt of Court’ and in such eventuality they would not be released till they stop interfering in the management and obey the directions of the Court. This way the violence as well as the Police interference in the Gurdwaras will be avoided.
Both the sides should wait for the final decision by the Court. In the meanwhile, the 11 members of SGPC who are elected from Haryana should be given the control and management of the Gurdwaras in Haryana, with a clear understanding that they will further handover the control to the party whichever ultimately succeeds in the Supreme Court.
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