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 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.
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.
