Mathu Ram Vs State of Hp

( 2024:HHC:11421-DB )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 3545 of 2015. Date of decision : 14.11.2024. Mathu Ram ...Petitioner. Versus State of H.P. & others ….Respondents

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Coram:

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.

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The Hon’ble Mr. Justice Satyen Vaidya, Judge.

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Whether approved for reporting?¹ No.

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For the petitioner : Mr. Anil Kumar Manget, Advocate vice Mr. N. K. Tomar, Advocate. For the respondents : Mr. P.P. Singh, Addl. A.G., for the respondent-State. Mr. Janesh Gupta, Advocate, for respondents No. 6 to 10. Br. Balram Sharma, DSGI with Mr. Rajiv Sharma, Advocate, for respondent No.11.

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Mr. Shrawan Dogra, Sr. Advocate with Mr. Bharat Thakur, Advocate, for the applicants in CMP No. 6218 of 2019.

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Tarlok Singh Chauhan, Acting Chief Justice: (Oral)

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Looking to the nature of the reliefs sought for in the

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instant petition, the instant petition was treated as Public Interest Litigation.

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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2. The reliefs claimed by the petitioner are quoted herein-

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in-below:-

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“a) That the Hon’ble Court may kindly direct and restrain the temple administration particularly the 4 ‘Thagres’ (Advosors), ‘Devaji’ (Chief Priest) & Cashier who are respondents No. 5 to 10 in the present case and any other person from practicing any sort of ‘untouchability’ in the temple and allow entry of Scheduled Castes in the temple Shri Maheshwari Deviji, Shari in order to perform pujas/prayers.

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b) That declare the amendment made to the Constitution relating to re-appointment of ‘Thagres’ (Advisors), limiting them to members of the brahminical community on hereditary and permanent basis as null and void, as the said amendment changed the structure of the Constitition of the temple from democratic to anarchical, by reviving a non-existent tradition of appointing ‘Thagres’ in a distorted hereditary form;

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c) That this Hon’ble Court may direct the temple management committee to remove the four’Thagres’ of the temple who have managed to super-impose themselves and their next generations on inheritance, castetist and lineage basis as ‘Thagres’ of the temple thereby grabbing absolute control over all the affairs and activities of the temple and for encouraging untouchability and casteism, all of which are opposed to the Constitution of India as well as various statues;

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d) That this Hon’ble Court may direct the management of the temple to lay down a simple and transparent policy in accordance with the Charitable Endowments and Public Religious Institutions Act so that no one member of any particular community may stake its hold over the management committee or advisory body and the designated offices such as Chief Priest, Management Committee and Advisors should be made open to all.”

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On, 30.4.2019, the Court passed the following order:-

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“Instructions sent by the Deputy Commissioner, Shimla, to learned Advocate General, Himachal Pradesh, vide letter dated 27^th April, 2019, are vague, evasive and do not inspire confidence. There is an attempt to side-track the issue as to why the people of all castes, creeds and communities are not being allowed to visit the Temple in a totally non-discriminatory manner and what measures the District Administration has taken in this regard. In the absence of any satisfactory reply, this Court will be constrained to issue directions to take-over the Temple.

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Let the Deputy Commissioner, Shimla, file an affidavit that the general public, in a totally non-discriminatory manner and without any caste factors, shall be allowed to visit the Temple and what arrangement in this regard he will take.”

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In compliance to the aforesaid directions, the Deputy

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Commissioner, Shimla had filed his report dated 5.7.2019. The relevant portion whereof is as under:-

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“2. That in compliance to the directions issued by the Hon’ble High Court, the Sub-Divisional Magistrate, Theog, DisttShimla was directed to ensure that the general pulic, in totally non-discriminatory manner and without any caste factors is allowed to visit the Temple and also make the necessary arrangements in this regard and send the detailed report qua the discriminatory and humiliating treatment meted out to Scheduled Castes in the Temples of Maheshwari Devi Shari. The copy of letter No. 1089 dated 18.5.2019 is annexed as Annexure R-1.

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3. In compliance to the directions issued by the deponent, the Sub-Divisional Magistrate, Theog vide letter No. 1777 dated 29.6.2019 has reported that the Niab Tehildar, Theog was sent on the sport for verification who has reported that the Temple in question is open for all. There is no discrimination regarding entry in the temple. The temple

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committee has informed that they allow al people of any caste or any community to enter the temple.

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4) That in compliance to the directions issued by the deponent, the temple committee has also displayed a notice board on the gate of the temple that people of all community and caste can enter the temple. The Naib Tehsildar, Theo vide letter No. 410 dated 15.6.2019 has also reported that during his visit to temple Shari, President and all the members of Mandir Committee were present but the petitioner Sh. Mathu Ram was not present despite having information in this regard. From this it appears that the petitioner has nothing to say in the matter. The Naib Tehsildar, theog has also recorded the statement of the President and other members of the Temple Committee who have stated that they have never objected to entry of any person belonging to religion or caste into the temple. Further, they have also stated that they will also not object to entry of any person on any discrimination. The copy of letter No. 1777 dated 29.6.2019 received from SubDivisional Magistrate, Theo vide No. 410 dated 15.6.2019 is annexed as Annexure R-III and the copy of statement of President and other members of the Temple Committee is annexed as Annexure R-IV.

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5) That it is submitted that strict action will be taken against the violators if entry of any person in the temple in question is barred on the basis of any religion, caste and community. In this regard, necessary directions have already been given to the Sub-Divisional Magistrate, Theog.”

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Though, this report was filed on 6.7.2019, the petitioner has not chosen to file his response to the same, despite specific opportunities having been granted to him vide orders dated 9.7.2024 and 18.9.2024, which goes to indicate that the

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petitioner has no material to rebut the contents of the report or else, he took more than five years to file his response.

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In view of the report filed by the Deputy Commissioner, Shimla, we are of the considered view that the matter needs to be closed and is accordingly disposed of in light of the report of the Deputy Commissioner, Shimla dated 5.7.2019. Pending applications, if any, also stand disposed of.

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(Tarlok Singh Chauhan) Acting Chief Justice

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(Satyen Vaidya) 14^th November, 2024 Judge (kck)

Mathu Ram v. State of Hp

Case brief

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Mathu Ram v. State of Hp

Case brief

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