| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Sikh Gurdwaras Act 1925: |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Sikh Gurudwaras Act (0 of 1925) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Sikh Gurdwaras Act, 1925:s. 7(1 ), 8 and 16(2)(iii) - Declaration of an institution- Gurdwara Sri Guru Granth Sahib as a Sikh Gurdwara Challenge to - Tribunal and the High Court holding that the institution is a Sikh Gurdwara - Sustainability of - Held: Not sustainable - Findings recorded by the Tribunal and the High Court on the use of the institution for worship by Sikhs too sketchy ; In the absence of any evidence to show that the institution was established for use by Sikhs for the purpose of public worship, the Tribunal did not have the jurisdiction to declare it to be a Sikh Gurdwara - Tribunal simply relied upon the entries in the revenue records or the fact that Prakash of Guru Granth Sahib is done and on some occasion people come to worship Guru Granth Sahib - More so, fifty three persons who filed petition u/s. 7(1) for declaring the institution as a Sikh Gurdwara did not support their plea - There was assertion by some· of the petitioners who filed petition u/s. 8 seeking declaration that Dera was not a Sikh Gurdwara that their signatures were obtained by fraud - Respondent, Shiromani Gurdwara Prabhandhak Committee who impleaded itself and contested the petition filed u/s. 8, was silent on the twin requirements of s. 16(2)(iii) and did not examine any of them - Thus, order passed by the Tribunal as upheld by the High Court declaring the institution as a Sikh Gurdwara set aside. ss. 16(2)(iii) and 7(1) - Declaration of an institution as a Sikh Gurdwara - Conditions to be fulfilled - Held: A person seeking such declaration must satisfy the Tribunal that the institution was established for use by Sikhs for the purpose of public worship and that the same was used as such before and at the time of presentation of the petition u/s. 7(1) - These two conditions are required to be fulfilled separately and conjointly and unless that is done, the Tribunal cannot declare an institution to be a Sikh Gurdwara - Onus to prove that an institution is a Sikh Gurdwara lies on the person who asserts the same. |
| Judge | Hon'ble Mr. Justice G.S. Singhvi |
| Neutral Citation | 2011 INSC 39 |
| Petitioner | Mahant Jawala Singh Chela Of Mahant Bishan Singh (dead) Through Legal Representative |
| Respondent | The Shiromani Gurdwara Prabhandhak Commitiee, Amritsar |
| SCR | [2011] 2 S.C.R. 69 |
| Judgement Date | 2001-01-12 |
| Case Number | 6386 |
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