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| HC disposes of petition challenging formalities for organizing free langar | | Amarnath Yatra | | EARLY TIMES REPORT
JAMMU, June 3: Justice Sanjeev Kumar of Jammu & Kashmir High Court while disposing of the petition challenging formalities for organizing free langar during Amarnath Yatra observed that the controversy raised by the petitioner can be set at rest by providing that such of the Organizations who have been set up in the year 2020 onwards shall make a representation to the respondent Board for permitting them to run Langar Services without insisting for audited balance sheets for the financial year 2018-2019, 2019-2020 and 2020-2021, as a one-time exception.
In the petition filed by Shri Amarnath Barfani Langars Organization submitted that the respondents vide circular No SASB/2020/983 dated 06.08.2020, have seriously impacted the right of the petitioner to form an association and deal with the respondent Board, which is violative of Article 19(1)(c) of the Constitution of India; and that the respondents, in terms of various communications inviting offers dated 19th of January, 2021, has insisted for audited balance sheet of the Langar Organization/NGO signed by Chartered Accountants for the financial year 2018-2019, 2019-2020 and 2020-2021, as a result whereof the new NGO/LO has been held disentitled to organize langars.
Justice Sanjeev Kumar after hearing Adv Ankur Sharma for the petitioner whereas Advocate Anuj Dewan Raina for the Amarnath Shrine Board observed that Anuj Dewan Raina, counsel for the respondents, has filed objections and is on record to state that the impugned circular is not intended to impose any restriction on the activities of the petitioner association nor it could be construed, by any stretch of reasoning, to be a restriction on the petitioner to form an association. It is submitted that the petitioner association is free to deal with the Board on the issues which affect all the Langer Organizations/NGOs but it has to desist from raising the individual disputes of the Langar Organizations/Samities.
Court after hearing both the sides, do not find any illegality or unconstitutionality in the impugned circular. Court further observed that a holistic reading of the circular impugned would make it abundantly clear that the respondent Board has only provided that the individual dispute or grievance of an NGO/Langar Organization shall be raised by the Organization/Samiti concerned and the petitioner association shall not file representations on behalf of such aggrieved Organization/Samiti seeking to organize Langer enroute Shri Amarnath Ji Shrine.
Court further observed that the apprehension of the petitioner that it may not be permitted by the respondent Board to take up general causes or grievances which are common to all the Langar Organizations/Samities is not well-founded. Court further said that if the respondent Board receive any such representation, the same shall be considered by it on its merits and if such Organization meets all other requirements and the Board is satisfied with regard to its financial position and the credibility, it shall permit such Organization to run langar service without insisting for audited balance sheets for the financial year 2018-2019, 2019-2020 and 2020¬2021, as a onetime exception. (JNF)
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