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| DB directs Govt to make common law for all charitable, religious institutions | | | Early Times Report
JAMMU, Feb 25: In a Public Interest Litigation (PIL) filed by Advocate Ajay Kumar Sharma hailing from Kishtwar for constitution of Shrine Board at Machial Mata and for constituting a Special Investigation Team who will look into the financial irregularities and assets of the Sarv Shakti Sevak Sanstha, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal after hearing Adv Aditya Sharma appearing for the PIL whereas Advocate General DC Raina appearing for the UT, while disposing of the PIL observed that it is also important to note that enactment of statutes separately for each shrine in the Union Territory as a whole may not be an appropriate and feasible exercise. Therefore to have a consolidate and a uniform legislation for all the charitable and religious institutions and endowments within the Union territory of Jammu and Kashmir, we feel that it would be more appropriate and better if the government identifies all such institutions in the State/UT as a whole and endeavours to make a common law for all of them if necessary.
Division Bench after hearing both the sides observed that on the foundation of the above facts and circumstances of the case, we dispose of the petition finally leaving it open to the Advocate General or the public spirited persons having some interest in the temple to get a scheme of management prepared with the intervention of the court u/s 92 CPC and at the same time direct the Government of Union Territory to explore the possibility of a legislation in consonance with Acts enacted for the management and governance of similar shrines in the Union Territory or the country elsewhere. The Court expects the Government to take a positive call in this regard without any delay in the right earnest as early as possible and come up with an appropriate legislation and till such time any arrangement as aforesaid is made and enforced, DB directed the Government to entrust the entire management of the Shrine in question to one of the Shrine Boards existing in the Union Territory in context with the other temples/shrines.
DB observed that the history would disclose that one Zorawar Singh Kahluria in 1834 sought the blessings of Machail Mata before crossing the mountain and river Indus with 5000 men for vanquishing army of locals of Ladakh. One Thakur Kulvir Singh of Bhaderwah visited the Shrine in 1981 and from 1987 onwards he started Chhadi Yatra from Bhaderwah to the Shrine every year in the month of July/August. It takes almost 10 hours by road from Jammu to Gulabgarh (290 Kms) which is the base camp, then from Gulabgarh one has to walk a hilly terrain for 32 Kms to reach the Holy Shrine. Helicopter service from Jammu to Gulabgarh and to the Shrine is also available.
—JNF |
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