Subramanian Swamy challenges UP govt’s take over of Hindu temples in Allahabad HC
BJP leader Subramanian Swamy approached Allahabad High Court against the Uttar Pradesh government’s orders to take over and interfere in the affairs of several Hindu temples. In his petition, Swamy pointed out that orders passed by UP Chief Minister Yogi Adityanath in September 2017 must be struck down as it violates Articles 14 and 25 against the Indian Constitution.
In his petition, Subramanian Swamy described instances of several temple affairs interfered with by the BJP government in Uttar Pradesh headed by Chief Minister Yogi Adityanath, who is also a Hindu Sanyasi. “The Petitioner has been closely observing the activities of the Respondent-Government for the past few years. The Respondent Government has been making a creeping attempt to take over various important temples in the State of Uttar Pradesh in the absence of any law or authority. In this regard, the Petitioner had previously even written a letter to the Hon’ble Chief Minister of UP, contending that the government ought not to build a corridor in Vrindavan for the Banke Bihari Mandir.
“The Petitioner took up the matter of the Impugned Order in September 2023. It was noticed that there were various important temples, the festivals and melas of which were sought to be taken over by the Respondent Government, amongst them there were temples like Shakumbhari Devi Mata Mandir of Saharanpur, Naimisharanya Mata Mandir, Vidyavasini Mata Mandir, Pateshwari Shaktipeeth Mandir, etc. Surprisingly, the Impugned Order does not even describe under what law or authority the melas attached to these temples are being taken over. Appalled by such an illegal and unconstitutional declaration, the Petitioner wrote a letter to the Hon’ble Chief Minister of UP, requesting him to cease these illegal actions. The Petitioner, however, received no response to the same.
“That the present public interest litigation is being filed by the Petitioners seeking a Writ of Mandamus or any other writ to strike down the declaration dated 18.09.2017 issued by the office of the Chief Minister of the State of Uttar Pradesh (“Impugned Declaration” or “Impugned Order”) as unconstitutional, being violative of Articles,13, 14, 25, 26, and 31A, read with Article 226 of the Constitution of India. Through the Impugned Declaration, the Respondent Government is attempting to take over the administration, management, and control of the temples and their religious celebrations, in an arbitrary, unconstitutional, and illegal manner,” said Swamy in his petition filed before the Allahabad High Court.
Subramanian Swamy in his detailed Public Interest Litigation (PIL) petition pointed out several instances of how the BJP-led Uttar Pradesh government interfered in the administration of festivals of several temples in the State. “The Petitioner submits that there is a need to assess and clearly define what practices or acts constitute an “economic” or “secular” activity, in contradistinction with practices that constitute practice and profession of religion.
“Activity of management of the funds of a religious institution, and organizing of melas and religious festivals, during auspicious days such as Navaratri, which is a celebration dedicated to Goddess Durga, for her victory over the demon Mahishasura, cannot be considered a “secular” activity, that may be regulated by the State. It is submitted that the collection of funds through donations is also a part of religious worship as a part of the exercise of the right to propagate religion, especially when such collections are made during religious Melas. The Petitioner submits that donations by worshippers during melas, can in no way be considered a “secular” activity, totally bereft of the religious freedom of the worshippers—and under the grab of this the State cannot takeover said Melas,” said Swamy seeking orders to restrain the UP government from interfering in the affairs of Hindu Mandirs. Satya Sabharwal and Vishesh Kanodia are the assisting lawyers of Subramanian Swamy in this petition.
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atleast instead of hating PM he has started good work. all the best to him.
atleast instead of hating PM he has started good work. all the best to him.
atleast instead of hating PM he has started good work. all the best to him.