SC Asks Petitioners Challenging Govt Control Over Temples To Move HCs

New Delhi: The Supreme Court on Tuesday asked petitioners who challenged government control of temples to ventilate their grievances first before the high courts. Petitioners, including the one who moved the court in 2012, challenged the constitutionality of various provisions of the Hindu religious endowments laws of Tamil Nadu, Andhra Pradesh, Telangana and Puducherry.

The matter was being heard by a bench comprising Justices B V Nagarathna and S C Sharma. The Centre agreed with some state governments that petitions challenging government control of temples should first be heard by the respective high courts.

During the hearing, senior advocate J Sai Deepak, on behalf of petitioners, argued that "the idea behind the filing of these petitions way back in 2009 was that the law can be laid down and the issue can be put to quietus across the board". He requested the bench to hear the petitioners in detail before arriving at any decision.

The Centre's counsel contended that there are four legislations under challenge and in a particular state, the scheme of the act will be different. The matter will have to be first examined by the respective high courts, he added.

"Having regard to the challenge made to various provisions of the Hindu Religious and Charitable Endowments Acts of the respective states, we find that the petitioners could be permitted to approach the respective high courts to assail the said provisions," the bench observed.

The bench said in these petitions, the provisions under challenge are not only about the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, but also the Pondicherry Act of 1932, as well as the Andhra Pradesh Charitable and Hindu Religious Endowments Act, 1987.

The court was of the view that the better way of expressing the grievances of the petitioners is to assail the provisions of the respective laws before the respective jurisdictional high courts.

The bench, disposing of the petitions, said it will allow the high courts to better appreciate the dimensions of the challenge of the provisions of the respective laws.

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