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SC: Cite proof of bungling in temples under govt control

Tells petitioners mere averments in plea not enough

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Tribune News Service

New Delhi, September 1

The Supreme Court today asked the petitioners seeking directions to free Hindu temples from government control to adduce proof of mismanagement of such temples and misappropriation of funds donated by devotees.

Noting that mere allegations made in the averments of the petition were not enough, a Bench led by Chief Justice of India UU Lalit asked petitioner Ashwini Kumar Upadhyay and others to file additional material in two weeks in support of his allegations and posted the matter for further hearing on September 19.

Upadhyay has demanded that Hindus, Buddhists and Jains should be given the right to manage their religious places, similar to that of Muslims and Christians, who control their religious places. He has challenged the validity of the Religious Endowment Acts of five states.

On behalf of the petitioner, senior advocates Arvind Datar and Gopal Sankaranarayanan said, “Either you (government) regulate all or let there be no regulations for Hindu temples alone.”

“We have a 150-year-old history…these places of worship have catered to the larger needs of society and not their own purpose only. Some temples have even given their land for public purposes. You are asking us to roll back the clock,” the Bench said, adding, “These temples have functioned in a particular way, they have not aggrandised all the wealth or thousands of acres of land to themselves. There has to be some framework for the use of money.”

Datar pointed out that the temple regulations violated fundamental rights guaranteed under Article 25 (right to religion) and Article 26(b) (religious denomination’s right to manage its own affairs in matters of religion) of the Constitution.

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