In a significant development today, the Justice Javed Iqbal Wani of J&K High Court issued notices to the UT of J&K and Shri Mata Vaishno Devi Shrine Board in a writ petition filed by Baridars, a Hindu Religious Denomination, claiming Administration, Management and Governance of Shri Mata Vaishno Devi Ji Shrine and its endowments. The petition has been filed by Baridar Sangharsh Committee through its President Sh. Sham Singh and fifty four other petitioners through Advocate Ankur Sharma. Justice Javed Iqbal Wani after hearing Advocate Ankur Sharma issued notices to Secretary Law, U.T of J&K and C.E.O Shri Mata Vaishno Devi Ji Shrine Board.
The petitioners through the writ petition have challenged the constitutional validity of The Jammu & Kashmir Shri Mata Vaishno Devi Shrine Board Act, 1988, an Act which took away the control of Shri Mata Vaishno Devi Ji Shrine from the hands of Hindus (Baridars) and vested it in the hands of the Government. Apart from this they have also sought a complete handover of the Management, Administration and Governance of Shri Mata Vaishno Devi Shrine and its Endowments and all other properties to the Hindus (Baridars), in true letter and spirit of Article 26 of the Constitution of India. Alleging mismanagement by the Government controlled Shrine Board, the petitioners have also sought conduct of external audit of the Shri Mata Vaishno Devi Ji Shrine Fund since 1986 through a reputed audit firm or an Audit Institution which is Constitutional or Statutory in nature.
Advocate Ankur Sharma while addressing the Court stressed that the instant petition has been filed for the enforcement of Fundamental Rights of the petitioners as guaranteed under Article 25 (2)(a), 26, 29, 14 and 31 A (b) of the Constitution of India. Mr. Sharma stressed that in all the decades that Hindu Religious Institutions in Jammu and Kashmir have been under the thumb of the State, the ability of the Hindu community to administer its own institutions has been systematically clipped and pared down. Despite equally empowered in taking over management, administration and governance of religious institutions belonging to other religions, the State in brazen violation of Article 14 has exercised its authority only against Hindu Temples.
Pertinent to mention here is that the Holy Shrine of Vaishno Devi Ji was discovered and established by Baridars under the Spiritual guidance of Pandit Shridhar Ji in the 10th Century A.D. Shridhar Ji used to live in village Hansali at the foothill of the Trikuta Mountains. This village is in close proximity to the present town of Katra. However, it is the faith of Baridars that Pandit Shridhar Ji belonged to the Mahabharata Age and discovery and establishment of the Shrine dates back to the age of Mahabharata. There is sufficient anecdotal evidence available in public domain validating the veracity of this fact. The discovery of Holy Cave by members of the Baridars community inhabiting the areas around Trikuta mountain and Katra is a well versed fact. The Management, Administration and Governance of the Holy Shrine including Right of offerings always remained with the Baridars before its take over by the State in 1986.
The temple administration was allegedly taken over by the Government on the grounds of mismanagement/maladministration however, the petitioners have levelled serious allegations on the Shrine Board ranging from instances of mismanagement/corruption to working against Hindu interests. It has been alleged in the petition that with the construction of a new pathway despite Hindu resistance, the Board has taken effective steps in destroying the historical significance of the religious landmarks that exist across the traditional route namely Charan Padukas, Ardha Kunwari etc. It has been alleged that the Shrine Board funds were squandered for throwing Iftaar parties in favour of members of a different religious group and that funds from the Shrine have been transferred/spent by the Board which are beyond the pale of Section 4 of the impugned Act causing a broad day light heist on Hindu sentiments. It is also alleged that the Board has also employed several Non-Hindus at various posts in its administration.
Advocate Ankur Sharma while elaborating on the grounds of challenge said that provisions of the impugned Act and rules has stifled the religious and cultural rights of the Hindu community. He explained that as opposed to the limited role envisaged for the State under Article 25(2)(a), which is regulatory in nature, the impugned Act facilitates and strengthens the ability of the State to completely takeover the Shri Mata Vaishno Devi Shrine, a Hindu Religious Institution, which fate no religious institution of any other community has to suffer. He said that the State must maintain at the very least the same degree of distance from Hindu religious institutions as it does with Muslim and Christian institutions. There is no sanction in the Constitution for the State’s imposition on Hindu religious institutions alone. Advocate Ankur Sharma concluded by saying that since the Apex Court has repeatedly observed that religion must be kept out of politics, it is fair and reasonable to expect that even the State apparatus is kept out of religious institutions.
The matter has been directed to be listed immediately after 4 weeks and the State has been directed to file its reply within that period.. JNF