While the Government of Maharashtra has temporarily buckled under the pressure of Sikhs and promised to keep the new Takht Hazur Sahib Act 2024 in abeyance, the last word is still not out. Countering the wrong impression conveyed by the government through social media that the new Act is based on Justice Jagmohan Singh Bhatia’s Report, which mandated to look into the lacunae of the Nanded Sikh Gurdwara Sachkhand Shri Hazur Apchalanagar Sahib Act, 1956,  Advocate Daljeet Singh Bhatia, son of late Judge, debunks the government’s contention and nails its lies in this Open Letter to the Chief Minister of Maharashtra Eknath Shinde, calling the state media campaign “entirely misleading and concocted” and hoping that the government of Maharashtra will start course correction without delay A WSN Exclusive.

DEAR CHIEF MINISTER EKNATH SHINDE: Sat Sri Akal.                      In a recent development, the Maharashtra Government has approved a new Act that has sparked significant controversy and concern among the Sikh community, and understandably so. This Act ostensibly aims to replace the existing Nanded Sikh Gurdwara Sachkhand Shri HazurApchalanagar Sahib Act, 1956.

The Maharashtra Chief Minister’s Office through their official social media handles has propagated that to replace the existing Act, the committee led by Justice Jagmohan Singh Bhatia (retd.) was appointed, giving the false impression that the new Act was drafted based on the report of the Committee led by Justice Jagmohan Singh Bhatia and 3 other members.

It saddens me to point out that the fact of the matter is that all the suggestions given by the Committee headed by my late father, who painstakingly prepared the report have been ignored by the Government. On the contrary, to achieve the ulterior motive of getting absolute control over the Sachkhand Gurdwara, Nanded, the State Cabinet has approved legislation, without discussion, without deliberation, which not only threatens religious autonomy but also violates the Constitution of India, which guarantees freedom to every religious denomination to establish and maintain its institutions and manage its affairs in the matters of religion.

The Justice Bhatia Committee was constituted, nearly 10 years ago, under a Government Resolution dated 27 June 2014 to study and recommend changes to the existing Act. The Committee called views and suggestions from the members of the Sikh community and also had meetings with the “Panj Pyaras” of Sachkhand Gurdwara, Nanded, and also members of the Sikh community at Nanded, Mumbai, Navi-Mumbai and Thane.

The panel submitted its report in August 2014 wherein it concluded that the existing 1956 Act was obsolete, outdated, undemocratic, and inadequate for proper administration and management of the Gurdwara. The Committee also opined that no person, who is not a Sikh, should be a member of the Board or the Management Committee and should have no role to play in the management and administration of the Gurdwara. Thus, the committee suggested that the existing Act of 1956 be repealed and replaced by a new Act.

The Committee also prepared and submitted a Draft Bill for the enactment of the new Act, which was named as “The Takhat Sachkhand Shri Hazur Abchalnagar Sahib Gurdwara Act”.

Under the existing Act of 1956, out of 17 members of the Board, only 3 members are elected through the democratic method of election, whereas the remaining 14 members are nominated. The Committee suggested that the Gurdwara Board shall consist of 21 members, who shall be “Amritdhari Sikhs” with a minimum education of Higher Secondary Certificate Examination for members and graduation, in case of the office bearers. It had also proposed that only Keshadhari Sikhs would be the voters and as many as 18 out of the 21 members would be elected through the ballot from amongst the Sikhs.

In the last few weeks, the Sikh world has been misinformed and misguided to believe that the report submitted by the Committee led by Justice Jagmohan Singh Bhatia (Retd.) was considered for drafting the new Act by the present Maharashtra government.

While preparing the new Takht Hazur Sahib Act, the Government of Maharashtra has completely ignored the report submitted by the Committee.

Advocate Daljeet Singh, son of Late Justice Jagmohan Singh Bhatia

Far from it! While preparing the new Act, the Government completely ignored the report submitted by the Committee. Under the new proposed Act by your government, the Board consists of 17 members, out of which 14 will be nominated and only 3 will be elected, as is the case in the existing Act of 1956.

To make matters worse, your Government takes a step further to have absolute control over the management and affairs of the Gurdwara. It has been proposed that out of the 14 members to be nominated, 2 will be nominated by S.G.P.C., Amritsar, and rest 12 members will be nominated by the Government, which may include non-Sikhs also. While I have seen certain unconfirmed clarifications in the media that only Sikhs will be nominated, the key point is that under what constitutional authority does the government of Maharashtra assume the right to take full control of the Takht Management Board?

If the government is allowed to have its say, 12 members out of 17 will be political appointees of the ruling party, and thus your government and successive governments of any political party will have absolute control over the management of the historic Takht.

I find it hard to understand that the government has not pondered to appreciate that such gross interference by the State will never be acceptable to the Sikh community.

I find it hard to understand that the government has not pondered to appreciate that such gross interference by the State will never be acceptable to the Sikh community. While your government has assured the Sikh community that the new proposal will be reconsidered, it will be pertinent to see the stand of the government when this matter is taken up by the Aurangabad bench of the Bombay High Court in the coming days.

Unmistakably, the new Act has been approved without considering the report of the Committee, which records the concerns and suggestions of the Sikh community in detail. The State Government has also failed to consult the representatives of the Sikh community before taking such a big decision which has hurt the sentiments of the Sikh community.

The Sikh community in Nanded, Mumbai, and the rest of the world, holds with bated breath pondering over the next move of your government.

The protests from the Sikh community go beyond simple administrative control and addresses more fundamental concerns about honour, customs, and the inviolability of places of worship. It is a reminder to the Maharashtra government and others of the importance of communication, empathy, and consideration for community sensitivities in the administration of religious entities.

The Sikh community in Nanded, Mumbai, and the rest of the world, holds with bated breath pondering over the next move of your government. I hope and pray that the Government of Maharashtra will not denigrate the historicity and contribution of the Sikhs and Takht Hazur Sahib in Nanded, which is blessed to be the final domain of Guru Gobind Singh and is revered as the centre from where the call to obey Guru Granth Sahib as the Guru was made in 1708.

Sincerely

Daljeet Singh
Advocate, Bombay High Court