Bombay High Court preaches need for Secular Mind And Scientific Approach

Bombay High Court preaches need for Secular Mind And Scientific Approach

The Bombay High Court (HC) Aurangabad Bench, observed that authorities have no courage to take action due to the fear that they might invite trouble as the matter involves religious feelings and can be viewed against God

A Bench of Justices TV Nalawade and MG Sewlikar noted in the case of Namdev Garad (Petitioner) v. State of Maharashtra (Respondents) that police or judicial officers should work with a secular mind and have a scientific approach while dealing with cases relating to religion.

The Bench further noted that several persons including the petitioner had made several attempts to draw the attention of the authorities/respondents to the illegalities of the Jagdamba Devi Sarvajanik Trust, but the authorities avoided discharging their duty.

The HC further observed that "Show of inquiry made by police into the matter show that the authorities have no courage to take action even when such serious thing has happened."

It stated that "Besides general fear in taking actions in religious matters, the inaction might have also been due to fear which may be in the minds of the persons like police officers or judicial officers who are of the rank of Civil Judge, Senior Division working in Charity Commissioner's Office and they are avoiding to take steps against the trust committee which includes the officer of the rank of District Judge."

The factual background of the case is that the petitioner who was a former trustee of the Jagdamba Trust alleged the commission of 'illegal acts' by the trustees of the trust. Since 2011, the petitioner had been contending that the trustees had buried 2 kg of gold and made an additional expenditure of Rs 25 lakh for ceremonies in the name of Suvarna Yantras.

It was further highlighted by the petitioner that authorities were approached several times but they did not take any action in the present matter. It was also mentioned that the act was committed despite the presence of two judicial officers, in the capacity of a District Judge and a Civil Judge, as ex-officio members of the trust.

The HC stated, "It is surprising that even when District Judge was Member of the trust."

The petitioner emphasized the fact before the Court that the authorities did not act and avoid registering a complaint filed by Andhashradha Nirmulan Committee (ANIS), requesting action regarding the illegal acts.

The HC heard the submissions at length and it directed the police to register a crime for the offences of conspiracy, cheating, misappropriation, breach of trust, and also those under the Black Magic Act, 2013 against the trustees of the Jagadamba Devi Sarvajanik Trust, Mohote Ahmednagar.

It also permitted the intervention of ANIS in the present matter and directed that the said complaint be treated as the base for starting the investigation.

The Division Bench observed, "The general fear may be of a different kind like the possibility that they may invite trouble as the matter involves religious feelings and it can be as act against God. In view of the Article 51-A of the Constitution of India, this Court holds that the authorities are expected to work with the secular mind in such a case and they need to adhere to the 'truth'. The authority needs to have scientific approach in such matters and they need to adhere to the provisions of law."

The HC concluded, "For misappropriation of the property of the trust, the trustees used a circumstance that people generally do not interfere in religious affairs of the trust. If anybody objects to the activity, he is condemned by saying that he is hurting religious feelings."

The judgment said, "Due to increase of such incidents, the time has come to teach a lesson to such trustees. Such action will prevent activities like the present activity and will also help to check the superstition."

The Bench concluded that the activities of the Trustees fell under the prohibited acts mentioned under the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act and are not permitted by the Maharashtra Public Trust Act.

The Court gave directions to the concerned police station having jurisdiction over the religious endowment to register a crime based on ANIS' complaint and to investigate the same under Additional or Deputy Superintendent of Police. The same has to be completed within six months, the Court ordered.

The HC refused the relief for the stay of the order claimed by the counsel for Respondents.