MAHANT JAWALA SINGH CHELA OF MAHANT BISHAN SINGH (DEAD) THROUGH LEGAL REPRESENTATIVE versus THE SHIROMANI GURDWARA PRABHANDHAK COMMITIEE, AMRITSAR

Citation: [2011] 2 S.C.R. 69 · Decided: 12-01-2011 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2011) 2 S.C.R. 69 
MAHANT JAWALA SINGH CHELA OF MAHANT BISHAN 
A 
SINGH (DEAD) THROUGH LEGAL REPRESENTATIVE 
V. 
THE SHIROMANI GURDWARA PRABHANDHAK 
COMMITIEE, AMRITSAR 
(Civil Appeal No. 6386. of 1983) 
JANUARY 12, 2011 
[G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] 
Sikh Gurdwaras Act, 1925: 
s. 7(1 ), 8 and 16(2)(iii) - Declaration of an institution-
Gurdwara Sri Guru Granth Sahib as a Sikh Gurdwara -
. 
. 
8 
c 
Challenge to - Tribunal and the High Court holding that the 
institution is a Sikh Gurdwara - Sustainability of - Held: Not 
D 
sustainable - Findings recorded by the Tribunal and the High 
.Court on the use of the institution for worship by Sikhs too 
sketchy :"" In the absence of any evidence to show that the 
institution was established for use by Sikhs for the purpose 
of public worship, the Tribunal did not h!lve the jU(isdiction to 
E 
declare it to be a Sikh Gurdwara - Tribunal simply relied upon 
the entries in the revenue records or the fact that Prakash of 
Guru Granth Sahib is done and on some occasion people 
come to worship Guru Granth Sahib - More so, fifty.:three 
persons who filed petition uls. 7(1) for declaring the institution 
F 
as a Sikh Gurdwara did not support their plea - There was 
assertion by some· of the petitioners who filed petition uls. 8 
seeking declaration that Dera was not a Sikh Gurdwara that 
their signatures were obtained by fraud - Respondent, 
Shiromani Gurdwara Prabhandhak Committee who 
impleaded itself and contested the petition filed u/s. 8, was G 
silent on the twin requirements of s. 16(2)(iii) and did not 
examine any of them - Thus, order passed by the Tribunal 
as upheld by the High Court declaring the institution as a Sikh 
Gurdwara set aside. 
69 
H 
70 
SUPREME COURT R:PORTS 
(2011] 2 S.C.R. 
A 
ss. 16(2)(iii) and 7(1) - Declaration of an institution as a 
Sikh Gurdwara - Conditions to be fulfilled - Held: A person 
seeking such declaration must satisfy the Tribunal that the 
institution was established for use by Sikhs for the purpose 
of public worship and that the same was used as such before 
B and at the time of presentation of the petition u/s. 7(1) - These 
two conditions are required to be fulfilled separately and 
conjointly and unless that is done, the Tribunal cannot declare 
an institution to be a Sikh Gurdwara - Onus to prove that an 
institution is a Sikh Gurdwara lies on the person who asserls 
c the same. 
Fifty three persons claiming to be Sikh worshippers 
submitted a petition to the State Government under 
Section 7(1) of the Sikh Gurdwaras Act, 1925 for declaring 
the Gurdwara Sri Guru Granth Sahib situated within the 
D revenue estate of village Jalal, Tehsil and District 
Bhatinda as a Sikh Gurdwara. Thereafter, separate 
petitions were filed under Section 8 of the Act. One of the 
petition was filed by the appellant, the hereditary office 
holder of the said Dera praying that the said Cera may 
E not be declared as a Sikh Gurdwara. The State 
Government forwarded the petitions to the Tribunal. The 
Tribunal issued notices to all the persons who had 
submitted a petition under Section 7(1) but none of them 
appeared to contest the petitions filed under Section 8 of 
F the Act. The respondent-Shiromanl Gurudwara 
Prabandhak Committee got itself lmpleaded as party to 
the proceedings pending before the Tribunal. They filed 
a written statement questioning the maintainability of the 
petition filed by the appellant. The Tribunal relying on the 
G entries contained in the revenue records held that the 
institution is a Sikh Gurudwara. The High Court upheld 
the order passed by the Tribunal. Therefore, the appellant 
filed the instant appeal. 
H 
Allowing the appeal, the Court 
MAHANT JAWALASINGH v. SHIROMANI GURDWARA 
71 
PRABHANDHAK COMMITIEE 
HELO: 1.1 Before the Tribunal can declare an 
A 
institution to be a Sikh Gurdwara under Section 15(2)(ili) 
of the Sikh Gurdwara's Act 1925, it must be satisfied that 
(a) the institution was established for use by Sikhs for the 
purpose of public worship, and (b) was used for such 
worship by Sikhs before and at the time of presentation 
B 
qf the petition under Section 7(1). These two conditions 
are required to be fulfilled separately and conjointly and 
unless that is done, the Tribunal cannot declare an 
institution to be a Sikh Gurdwara. [Para 22] [103-G-H; 104-
A-B] 
C 
Lachhman Dass and Ors. v. Atma Singh and Ors. AIR 
1935 Lahore 666; Shiromani Gurdwara Parbandhak 
Committee, Amritsar v.
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