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2008 DIGILAW 2105 (PNJ)

Uttam Singh v. Maharaja Partap Singh Trust

2008-12-11

JASBIR SINGH, T.S.THAKUR

body2008
JUDGMENT T.S. Thakur, C.J. (Oral) CM No. 24187 of 2008 Heard. CM allowed subject to all just exceptions and CM disposed of. CM No. 24188 of 2008 Heard. Document marked Annexure P-25 is taken on record and CM disposed of. CWP No. 4224 of 2007 2. This petition has been filed in public interest. It prays for a mandamus directing respondents No.1 to 3 to display the sacred Relics comprising Swords, Comb, Hair, Chola and other belongings of Guru Gobind Singh Ji Maharaj in Hira Mahal of Nabha. A further mandamus directing respondents No. 4 and 5 to take control of the Relics in question, has also been prayed for. 3. When this petition came up for hearing before us on 3.11.2008, Mr. Bali, learned Senior Counsel appearing for respondent No.2 was given time to take instructions whether the said respondent was ready to surrender possession of the Relics in question, that are at present in his custody to be kept in a Museum maintained by the State Government or Shiromani Gurdwara Prabandhak Committee under the Sikh Gurdwara Act, 1925. On 19.11.2008, when the matter came up again, Mr. Bali submitted on instructions from his client that respondent No.2 was ready to surrender possession of the Relics presently in his custody to any Museum maintained by the State Government. He urged that this Court could direct a Committee of Officers to take charge of the Relics and transfer them to the Museum in a manner befitting the dignity and the respect, which the Relics are entitled to. 4. Mr. Amol Rattan Singh, learned counsel for the respondent-State of Punjab had also made a statement on instructions that the State Government was ready to take charge of the Relics and to keep them at Khalsa Heritage Complex at Anandpur Sahib. He submitted that a committee of officers could be appointed by this Court or by the State Government for transfer of the Relics from Delhi to Anandpur Sahib. 5. Mr. Bali, was, however, required to file an affidavit of respondent No.2 indicating the steps that need to be taken for smooth transfer of the Relics from the custody of respondent No.2 to the Museum. Mr. 5. Mr. Bali, was, however, required to file an affidavit of respondent No.2 indicating the steps that need to be taken for smooth transfer of the Relics from the custody of respondent No.2 to the Museum. Mr. Bali has, in compliance with the above direction, filed an affidavit of respondent No.2 Hanumant Singh son of late Shri Maharaja Pratap Singh, resident of 6, Panchsheel Marg, Chankaya Puri, New Delhi, in which, it is, inter-alia, stated that respondent No.2 is in possession of the sacred Relics belonging to Shri Guru Gobind Singh Ji Maharaj comprising a Turban, and Swords, (according to Mr. Bali there are three swords), a Cloak, Hair with Comb and a Manuscript. Respondent No.2 has stated on oath that these have been in safe custody with him for the past many years and that he has performed daily pooja of the same and taken all possible steps to look after the Relics. The affidavit goes on to state that keeping in mind the religious sentiments of the Sikh Community at large, respondent No.2 has decided to hand over the Relics in question to the Government of Punjab, so that the devotees of the late Guru Gobind Singh Ji Maharaj may be in a position to have darshan of the same. The affidavit prays for appropriate directions as suggested in para No. 4 (A) (B) and (C) of the same. These directions according to the affidavit ought to ensure handing over of the sacred Relics in a simple, quiet and dignified manner without any elaborate function or ceremony. Respondent No.2 has desired that not more than four persons representing the Government of Punjab should be deputed to Delhi for taking charge of the sacred Relics after adequate notice to the said respondent. The said respondent has further prayed for a direction to the officers of the government deputed to take charge of the Relics to carry a receipt in triplicate of the inventory of the sacred Relics being handed over by respondent No.2. A copy of the said receipt shall be left with respondent No.2 while the other two copies can be retained by the State Government. The State Government shall thereafter be fully responsible for the safe custody and upkeep of the sacred Relics. A copy of the said receipt shall be left with respondent No.2 while the other two copies can be retained by the State Government. The State Government shall thereafter be fully responsible for the safe custody and upkeep of the sacred Relics. It also prays for a direction for exhibition of the Relics at such places and times as the State Government may decide for that purpose. 6. Mr. Batta, learned Senior Counsel appearing for the petitioner submits that the affidavit filed by respondent No.2 does not leave anything to be determined in these proceedings and that a smooth transfer of the Relics to the State Government sufficiently serves the purpose underlining the filing of this petition. He, however, prays for a direction to the State Government to consider the representation, if any, filed by the people of Nabha for keeping the Relics at a suitable place in Nabha, as a mark of respect not only for the revered Guru but also towards the sentiments of the people of Nabha who have an emotional attachment with the Relics in question. 7. Mr. Singh, learned Addl. Advocate General appearing for the respondent-State of Punjab, however, submits that while the people of Nabha can make a representation, the first destination would be the Khalsa Heritage Complex of Anandpur Sahib, to which place the Relics will be moved, after they are delivered by respondent No.2 by the Committee which the Government shall appoint for the purpose. 8. Mr. Gurpreet Singh, learned counsel appearing for respondent No.5-Government of India has placed on record a communication issued by the Registration Office, Delhi Circle, G.E. Building, Red Fort, Delhi to respondent No.2 pointing out that out of five objects in the latter possession, only the manuscript was registrable under the Antiquities and Art Treasures Act, 1972. Mr. Singh further submits that necessary registration certificate has been sent to respondent No.2. 9. We are not in the present proceedings called upon to examine whether the Relics in question are compulsorily registrable. We are also not in appeal over the order passed by the Registration Office, according to which only the Manuscript is registerable under the Act mentioned above. Mr. Batta also does not assail the view taken by the Registration Office and submits that the said aspect be determined by the appropriate authority at appropriate stage. We are also not in appeal over the order passed by the Registration Office, according to which only the Manuscript is registerable under the Act mentioned above. Mr. Batta also does not assail the view taken by the Registration Office and submits that the said aspect be determined by the appropriate authority at appropriate stage. For the present, learned counsel for the petitioner simply prays for a smooth transfer of the Relics from the custody of respondent No.2 to the State Government with a direction that the Government shall take care to protect and maintain the said Relics at a suitable place compatible with the dignity of the Relics and the respect which the Sikh Community has for the same. In the circumstances, all that we are called upon to do is to ensure the transfer of the Relics from the custody of respondent No.2 to the State Government. Instead of a committee of Officers being constituted by us for taking charge of the Relics and for transfer of the same to Khalsa Heritage Complex, Anandpur Sahib, we are of the opinion that it will be more appropriate to direct the State Government to appoint a Committee of four officers who shall then be deputed to Delhi to take charge of the Relics in question and transfer the same to the Khalsa Heritage of Anandpur Sahib. This the State Government shall do within three months from today. We further direct that the State Government shall be responsible for the safe custody and upkeep of the Relics in question who shall make sure that the Relics are displayed to the pilgrims/public visiting Anandpur Sahib generally or on such occasions as may be considered fit and proper. We further direct that the history of the sacred Relics as also the services rendered by the family of Nabha in relation to the same limited to 250 words shall be prominently displayed in and around the place where the Relics are kept. We also leave it open to the petitioners or anyone else belonging to erstwhile Nabha State to file a representation to the Government for transfer of the Relics to any place at Nabha. The State Government may consider the representation, if any, as and when the same is received. We also leave it open to the petitioners or anyone else belonging to erstwhile Nabha State to file a representation to the Government for transfer of the Relics to any place at Nabha. The State Government may consider the representation, if any, as and when the same is received. We, however, make it clear that we should not be understood to have expressed any opinion about the legitimacy of any such demand or the need for transfer of the Relics from Anandpur Sahib to Nabha. With the above observations and directions, this petition is disposed of leaving all other issues open. No costs. Order Accordingly.