LI Network
Published on: October 31, 2023 at 11:32 IST
The Sikkim High Court emphasized that when a constitutional question hinges on the investigation of intricate factual matters or the presentation of evidence, the High Court may dismiss a writ petition under Article 226 of the Constitution.
The court was adjudicating a writ petition brought under Article 226 by the petitioners concerning a dispute that originated in 2017.
Justice Meenakshi Madan Rai, a Single Bench of the High Court, clarified, “In light of the foregoing discussions, it emanates that where the determination of the constitutional question depends upon the investigation of complicated questions of fact or of taking evidence, the High Court may dismiss the application under Article 226 of the Constitution. The issues placed before this Court as put forth in the foregoing Paragraphs require extensive evidence, which falls within the ambit and powers of a Civil Court.”
The dispute in question revolved around allegations made by the petitioners, who claimed that on August 16, 2017, certain religious articles, including the “Guru Granth Sahib Ji” and other items of the Sikh faith, located in a Gurudwara near Gurudongmar Lake in North Sikkim, were desecrated.
These items were allegedly removed from the place of worship and left sacrilegiously before the Gurudwara at Chungthang, North Sikkim, depriving the petitioners of their right to perform religious rituals. Additionally, they alleged that the “Nishan Sahib,” a religious flag, was also removed, causing sacrilege.
Upon the filing of the petition, the Single Bench issued an order for all parties to maintain the status quo, which was to continue until the writ petition’s disposition. Notably, during this time, one of the petitioners sought to withdraw from the proceedings, and the Court, in accordance with his request, removed his name from the list of petitioners.
The High Court, considering the complexities of the case, noted, “It is clear herein that amongst others, the title of the land is undetermined, the locus standi of the Petitioner No.1 is in dispute, the dismantling and removal of the articles on 16-08-2017 are in dispute, the articles alleged to have been handed and taken over by the Army to the civilians, respectively, is disputed.”
Furthermore, the Court observed that the method of removal of the articles, the identity of the religious personalities involved, and other key aspects were also in dispute. It stressed that disputes of fact could not be resolved through proceedings under Article 226 of the Constitution.
As a result, the High Court dismissed the writ petition titled “Sri Guru Singh Sabha and Another v. The State of Sikkim through the Secretary, Ecclesiastical Department and Others.”
