SHIROMANI GURUDWARA PRABANDHAK COMMITTEE versus MAHANT PREM DASS

Citation: [2009] 2 S.C.R. 1099 · Decided: 24-02-2009 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Dismissed

Judgment (excerpt)

[2009] 2 S.C.R. 1099 
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SHIROMANI GURUDWARA PRABANDHAK COMMITTEE 
A 
, ' 
V. 
MAHANT PREM DASS 
Civil Appeal No. 1767 of 2002 
FEBRUARY 24, 2009 
B 
(TARUN CHATTERJEE AND V.S-. SIRPURKAR, JJ.) 
Sikh Gurdwaras Act, 1925: 
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-f 
Sections 7(3), 8, 16(2), 34-lnstitution known as Gurdwara 
Sahib Gurdwara Bhagat Bhawan held to be a Sikh Gudwara c 
by the Sikh Gurdwaras Tribunal - High Court held that the 
institution was used as Dera of Bhagat Bhawan and was in 
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fact an Udasi Faqir Institution and as such was not a Sikh 
Gurdwara - On appeal, Held: Having gone throUgh the details 
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of the evidences, it is seen that the findings recorded by the D 
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High Court are correct - All through the institution continued 
as an Udasi Institution. 
The Sikh Gurdwaras Tribunal held the institution 
known as Gurdwara Sahib Gurdwara Bhagat Bhawan to 
be a Sikh Gurdwara. On appeal, the High Gourt held the E 
institution as a Dera of Bhagat Bhagwan and was in fact 
an Udasi Faquir Institution and as such was not a Sikh 
... 
Gurdwara. Hence the appeal. 
Dismissing the appeal, the Court 
HELD : 1. In view of the Exhibit R-10, it is clear that F 
the Institution was established prior to 1665 A.O. by an 
Udasi Faqir Surat Ram, who had received donation from 
the Ruler of the then Patiala State and the said Institution 
then was governed by a chain of Udasi Mahants without 
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break in the tradition of succession from Guru to Chela 
"'->{ 
..., 
and Mahant Mangal Dass was in the same tradition. [Para 
44] [1143-C] 
2. The Institution was only known as a Dera or Dera 
1099 
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1100 
SUPREME COURT REPORTS 
[2009] 2 S.C.R. 
A 
Sadhan or Mausooma Dharamshala Sadhan and it gave 
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the impression that it was a charitable Institution for poor 
faqirs and traveJlers, as also offered shelters to them and 
the Mahants, who governed the Institution, were noble 
persons. [Para 44] [1143-D] 
B 
3. There is voluminous documentary evidence to 
show the grant of Muafi (remission) of revenue. The land 
was already granted to the- Udasi Faqir in his personal 
capacity and he had become the owner thereof and the 
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c 
Institution was used by Udasi Faqirs and Sadhus; which 
t-
is clear from the reference in the revenue papers to the 
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effect "Well of Sadhus or Well of Mahantawala" etc. [Para 
·· 44] [1143-F] 
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4. There is ample evidence to establish the pedigree 
D tables as Khandan Sadh Udasin and Patti Sadh Udasin. 
[Para 44] [1143-G] 
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5. There is .no evidence that this was a Sikh Institution 
from· its inception till today or the Sikhs had any say in 
the matter of appointment of Mahants. [Para 44] [1143-H] 
" 
E 
6.Significantly, there is no evidence of there being a 
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regular Granthi in the Institution, there existed even a 
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Nishan Sahib. There was no further evidence that the Sikh 
religious ceremonies were ever held or there is Katha or 
). 
F 
Parvachan in a congregation. [Para 44] [1144-A) 
7. It is established from the evidence that Guru Granth 
Sahib, though was kept, did not have a fixed place for its 
Parkash and the versions on the placement of Guru 
Granth Sahib is contradictory. [Para 44] [1144-B] 
G 
8. Even a single worshipper out of the original 57 
applicants, ever turned up to support the cause of the 
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appellant. [Para 44] [1144-C] 
9. There was clear evidence that there was Gola 
H Sahib, Murti of Baba Siri Chand, Smadhs of earlier 
SHIROMANI GURUDWARA PRABANDHAK COMMITTEE 1101 
i 
V. MAHANT PREM DASS. 
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Mahants and other objects of worship like photographs A 
etc. and Guru Granth Sahib was only kept as a book of 
reverence.[Para 44] [1144-D] 
10. Baba Siri Chand, who was the son of the first Sikh 
Guru, was an Udasi and Udasi Sect grew up parallel with 8 
the Sikh religion. [Para 44] [1144-E] 
11. It is further established that all through, the 
Institution continued as an Udasi lnstitution.[Para 44] 
[1144-F] 
Hem Singh & Ors. Vs. Basant Das & Anr. 1936 Privy C 
Council 93; Uttam Oas Che/a Sunder Das Vs. Shitomani 
Gurdwara Parbandhak Committee, Amritsar 1996 (5) SCC 71; 
Shiromani Gurdwara Prabandhak Committee, Amritsar Vs. 
Mahant Kirpa Ram & Ors. AIR1984 SC 1059 and Pritam Dass 
Mahant Vs. Shiromani Gurdwara Prabhandhak Committee AIR D 
1984 SC 858 - referred to. 
Mahant Lachhman Dass & Ors. Vs. State of Punjab, II 
L.R. 1968 (2) Punjab & Haryana 499; Lachhman Das & Others 
Vs. Atma Singh & Others AIR 1935 Lahore 666; Bishan Dass E , 
Vs. Gurbax Singh AIR 1934 Lahore 63, Prem Dass Vs. Labh 
Si

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