The Supreme Court will Thursday hear a petition seeking the quashing of the Haryana Sikh Gurdwara (Management) Act, 2014, contending that it was ultra vires of the Constitution and interferes in Sikh religious affairs.
The bench of Chief Justice R.M. Lodha, Justice Madan B. Lokur and Justice Kurian Joseph agreed to hear the matter after counsel Harish Salve said the ground situation was serious as both the sides - Shiromani Gurdwara Prabandhak Committee (SGPC), Amritsar and Haryana Shiromani Gurdwara Prabandhak Committee - were trying to take over the gurdwaras in Haryana.
Persuading the court to hold an early hearing, Salve said the problem was serious, otherwise he would not have asked for an early hearing.
Salve told the court the Haryana law stipulates that all gurdwaras in the state will come under the control of the Haryana Sikh Gurdwara Management Committee.
He said the SGPC Amritsar was an inter-state body for the management of historic gurdwaras.
The court was told that Haryana could not have enacted the law without a nod from the central government.
As Salve repeatedly drew the attention of the court towards the serious situation on the ground, Chief Justice Lodha said: "Whatever may be, they (state government) can't allow the law and order to be disturbed. It is state government's constitutional obligation to maintain law and order."
Petitioner Harbhajan Singh - an SGPC member from Kurukshetra - contended that the Haryana Sikh Gurdwara (Management) Act, 2014 was not only a hasty enactment but also against the constitutional provisions and the Punjab Reorganisation Act, 1966.
The petition said a wilful attempt was being made by Sikhs of Haryana, prompted by the state government, to wrest control of gurdwaras from the rightful members of SGPC by use of force.
Urging the court to intervene in the matter, the petition said the situation in Haryana was so acute that it could emerge as a new battle ground over who controls the gurdwaras in the state.
