SC refuses to entertain PIL seeking rights for Hindus, others to manage their religious places like Muslims

A bench headed by Chief Justice DY Chandrachud said the matter fell within the legislature's domain and the court will not like to enter it.

New Delhi: The Supreme Court on Wednesday declined to consider a PIL seeking for Hindus, Jains, Buddhists, and Sikhs the right to establish, manage and maintain their religious places like Muslims, Parsis, and Christians, as this is a matter of policy and the court will not enter the legislative domain.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra told petitioner in person, advocate Ashwini Kumar Upadhyay that it cannot entertain a matter containing so general prayers.

"File a proper petition. What are these prayers? Can these reliefs be granted? Withdraw this petition and file a petition with prayers which can be granted,” the bench said, adding this is all publicity-oriented litigation.

The court said the plea is not maintainable, and he can move Parliament or government.

As Upadhyay insisted, the bench asked how this prayer -- direct and declare that Hindus, Jains, Buddhists, Sikhs have similar rights to establish and maintain their religious places -- be granted.

The bench said under Article 26 of the Constitution, they have a right, every religious denomination has that right and the Constitution also gives a right under Article 25.

Upadhyay said a total of 4 lakh temples are under government control but not a single mosque or church.

He said in Delhi, Kalka temple is under government control and Jama Masjid is not.

The bench said, this is a matter of policy.

"We are not going to direct the government to do x, y, or z in terms of religious places. That is a matter of policy…..we will not enter the legislative domain,” the bench said. 

Solicitor General Tushar Mehta, representing the Centre, said the petitioner may have a case but the way the petition is drafted is not correct.

The bench told Upadhyay, “You are a lawyer practising before our court, sometimes the manner in which you pursue a cause is equally important, just do not pursue a cause for highlighting in the press. You are before the Supreme Court, persuade with diligence. Look at other petitions, they have brought specific issues before us”.  

Upadhyay agreed to withdraw the petition.

In his plea, Upadhyay also sought a uniform code for religious and charitable endowments and referred to the control of government authorities over Hindu temples across the country, unlike people of certain religious faiths who are allowed to manage their own institutions.