SGPC’s control over gurdwaras illegal, Haryana tells SC

Justifying the new law on the ground of honouring the sentiments of Haryana’s Sikhs, who were allegedly being discriminated against, the state said its separate Act to manage the shrines was being resisted by the SGPC since it wanted to “retain control over gurdwaras in an illegal manner by taking recourse to unlawful ways and by using sheer muscle power”.

“Since the state of Haryana has its own legislation in place, the SGPC has no right to retain the properties belonging to the gurdwaras in the state. All such acts are illegal and call for strict penal action… forcible retention of properties by SGPC is unjustified in law,” added the affidavit.

Given that Sikhs constitute about 8 per cent of the population in poll-bound Haryana, the Bhupinder Singh Hooda-led Congress government has refused to back down.

Dismissing the Centre’s objection to the validity of the law in absence of a Presidential assent, Haryana told the bench that SGPC’s authority was valid only till the state came up with its own law.

The affidavit said the state’s law banked on a ruling by a bench of the Punjab and Haryana High Court, which was later ratified by the SC.

Haryana’s response has come in reply to a petition filed by one Harbhajan Singh, an SGPC member who pleaded with the SC to quash the new law. Haryana called the petition a “proxy” litigation and asked for scrapping of the plea.