Senior BJP leader Subramanian Swamy on April 28 told the Bombay High Court that he is arguing in public interest to free the Vitthal Rukmini temple of Pandharpur in Maharashtra from the State government’s control.
The six-term member of parliament, Dr. Swamy filed a public interest litigation (PIL) petition in February this year that states, “By taking control over the Pandharpur temples the government is ousting the rights of Hindus to profess, practice, and propagate their religion, and to manage Hindu religious endowments and their own affairs in matters of religion. It is also stated that even though the Pandharpur Temples Act was passed in 1973, the administration was vested with the previous priest and only after 2014, the government had taken over the administration of the temple.”
Also read: Subramanian Swamy moves Bombay HC to free temple in Maharashtra from govt.’s control
Dr. Swamy appeared in person before a Division Bench of acting Chief Justice S.V. Gangapurwala and Justice Marne. He contended that under the Pandharpur Temples Act, the board would have a perpetual succession and have powers of control of the Vitthal Rukmini temple.
The Bench asked him why is the Act being assailed after such a long time?
To which, Dr. Swamy replied, “I am here for public interest. When the people came to me, I thought I should take it up, because no one has addressed this issue so far. I am a bhakt of Lord Krishna myself.”
The court asked him and Advocate General Birendra Saraf to submit written arguments and posted the matter for July 5.
‘Violative of Articles’
The PIL contends, “The Act negates freedom or autonomy of the religious communities to administer or manage the temple because the role of the priest is completely a religious matter, and such interference is violative of Articles 25 [freedom of conscience and free profession, practice and propagation of religion], 26 [freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section shall have the right] of the Constitution of India.”
The PIL has challenged the constitutional validity of the Act and states, “The Act is violative of Hindu population at large, since it seeks to permanently takeover the administration and control of religious and non-religious activities of the temples and vest the same in the officers of the government indefinitely, thus violating the rights guaranteed under Articles 14 [equality before the law], 25 and 26 of the Indian Constitution. Hence, the Act is liable to be struck down,” the plea states.
The PIL sought a direction from the court to constitute a committee in consultation with the priests, representatives of devotees/warkaris, and other stakeholders, for the appropriate management of the Vitthal Rukmini temples, as per proper rituals and religious observances, free of government control.
