SGPC’s power to appoint Jathedar challenged before Chandigarh court

A Chandigarh court has issued notices to the Government of India through the Home Secretary, Chandigarh, and Shiromani Gurdwara Parbandhak Committee (SGPC) in a suit filed by Gurmukh Singh which challenges the SGPC’s action of appointing or removing the Jathedar.

Gurmukh Singh, a resident of Amritsar, in a suit filed through advocates Terminder Singh and Onkar Singh, has sought a permanent injunction restraining the SGPC from performing any act to appoint or remove the Akal Takht Jathedar and other office-bearers. He also prayed for the issuance of a declaration stating that all Jathedars and other office-bearers appointed by the SGPC till now were “null, void and against the provisions" of the Sikh Gurdwaras Act, 1925, and Sections 25 and 26 of the Constitution of India.

In the suit, he said that the SGPC had been interfering, adjudicating and deciding on matters and practices of the Sikh religion directly. He said that as per law, the duties and the role of the Akal Takht Jathedar were not related to any economic, financial, political or other secular activity.

He said that the Union Government had failed to check SGPC’s activities, which were “in violation” of Articles 25 and 26 of the Constitution of India and the principles and rules of the Sikh Gurdwaras Act, 1925.

He urged the court that the respondent be stopped from interfering in Sikh religious activities by directly or indirectly appointing or managing the appointment of Akal Takht Jathedar.

He said that the SGPC was originally established by the Sikh community during the Sarbat Khalsa on October 12, 1920.

He said the purpose or aim of the SGPC Act was better administration of gurdwaras, not governance of Sikh religion, pontification, arbitration or interpretation of doctrines of the Sikh religion. The Act only empowers the Board in the Act, known as the SGPC, to administrate Sikh gurdwaras, he said.

“The Act allows the SGPC (Board) to administrate the gurdwaras. It does not give power to the SGPC to administrate Akal Takht. There is a difference between the two. Sri Akal Takht Sahib is an institution which is considered to have supremacy over all global Sikh institutions where Guru Granth-Guru Panth come together to decide on issues of doctrine, interpretation, code of conduct, excommunication etc,” he said.

“The custodian or the spiritual moderator of this is called the ‘Jathedar’. The Jathedar is not a priest, or a minister of religion, but a spiritual leader chosen, or elected by the consensus of the Amritdhari community. He is not an employee of any organisation and as his role is not that of a minister, he cannot be an employee of any statutory body,” he said.

He said that the Sikh Gurdwaras Act makes it clear that other office-bearers and the office holder are within the limitations of Article 25 of the Constitution, in which the person is merely performing or managing public worship or rituals or ceremonies.

“The office holder does not decide on the context or doctrine rationale that leads to these ceremonies, rituals and warship,” he said.

In view of this, he sought directions to stop respondents from interfering in the appointment, management and dismissal of Akal Takht Jathedar until the court gave its decision in the suit.

After hearing the arguments, the court said, “At this stage, no ground is made out to grant interim injunction to the plaintiff and this Court deems fit to hear the opposite party before passing any order on interim injunction. So, let notice be issued to the defendants of the present suit as well as of the application, for May 19.”

Amritsar