New Delhi: The Supreme Court said the Sankaracharya
of Dwarka can be prosecuted for his alleged remarks that the Sai Baba of
Shirdi should not be worshipped as he was neither a god nor an
incarnation of divinity.
The Sankaracharya of Dwarka
“The moment he incites violence, he commits an
offence. Prosecute him,” the court said but refused to pass any
directive in what was “not a matter for judicial intervention”.
The
three-judge bench declined to entertain a petition by the
Maharashtra-based Saidham Charitable Trust, which had sought a directive
asking the Union government to tell all states to ensure protection of
Sai Baba idols and action against the pontiff.
The trust,
represented by senior counsel A. Sundaram, had said the Dwarka seer’s
remarks had a devastating effect as idols had been removed from temples
in several states and dumped in gutters or immersed in local ponds and
rivers.
Justices T.S. Thakur, A.K. Goel and R. Banumathi
said if the trust was really aggrieved, it could approach criminal
courts in places where the alleged vandalism had taken place and seek
Swami Swaroopanand Saraswati’s prosecution.
“Hinduism is a
way of life. Go and file a suit. Ordinary law will apply. Nothing
prevents a trust from preventing… miscreants from taking away… idols.
Law and order is a state subject,” the bench told the counsel.
“This
is not a matter for judicial intervention,” it added. “If you want to
pursue a remedy, you can always go to a criminal court.”
The
trust’s counsel persisted with the plea, saying the reported incidents
of vandalism had taken place at 10-15 places and it wouldn’t be possible
to lodge complaints everywhere.
The court wasn’t
convinced. “Just as you say you believe in idol worship, someone else
will say I don’t believe in idol worship. It is not for this court to
interfere in such matters. Go and file a suit. Ordinary law will help
you,” the bench said.
The trust subsequently withdrew its plea.
Earlier
in June, the Sankaracharya had reportedly said Hindus should not
worship the Sai Baba of Shirdi, revered by millions, as he was a human
being and not a god.
The petition filed by the trust
complained that the Sankaracharya’s comments had created widespread
anxiety and anger among followers of the Sai Baba. Although a criminal
complaint was lodged with Indore police, the pontiff, it said, had
repeated his assertion to the media.
The petition said the
Union government had done nothing to restrain the Sankaraharya and his
followers from persisting with instigating people against the Sai Baba
despite a representation to the Prime Minister’s Office.