Views expressed by scholars of Sikhism: for Kuar-v-Punjab-5-09

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C.W.P No.14859 of 2008:1:In the High Court of Punjab and Haryana, Chandigarh.C.W.P No.14859 of 2008Date of Decision: 30.05.2009Gurleen Kaur and others.....Petitioners.VersusState of Punjab and others....Respondents. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Mr. Justice Jasbir SinghHon'ble Mr. Justice Ajay Kumar Mittal....Present: Mr. Rajiv Atma Ram, Sr. Advocate withMr. G.S. Mann, Advocatefor the petitioners.Mr. KTS Tulsi, Sr. Advocate withMr. RTPS Tulsi, AdvocateMr. H.S. Phoolka, Sr. Advocate withMr.D.S. Patwalia, Advocate.Mr. Anupam Gupta, Senior Standing CounselMr. Ashish Rawal, Advocatefor the Chandigarh Administration.Mr. Chetan Mittal, Addl. A.G., Punjabfor the State of Punjab.Mr. Surinder K. Bishnoi, DAG, Haryanafor the State of Haryana.Mr.B.B. Sharma, Advocatefor the State of Himachal Pardesh.Mr. Gurminder Singh, Advocate.Dr. M.S. Rahi, AdvocateMr. Deepak Sibal, Advocate withMr. Saurav Verma, AdvocateMr. Navkiran Singh, AdvocateMr. Onkar Singh Batalvi, AdvocateMr. Sanjeev Sharma, AdvocateMs. J.J. Kaur, Advocate.for the respondents. ...

C.W.P No.14859 of 2008:2:IndexSr.No.DescriptionParagraphs1.Introduction01 – 022.Case set up by the petitioners03 – 073.Claim of the respondents08 – 104.Important orders passed during motion hearing11 – 125.Issues raised by the petitioners13 – 176.Preliminary objections pertaining to maintainability18 - 24of the present petition.7.Whether it is in the domain of this Court to examine25 - 27the tenets of a religion ?8.Minority rights 289.Whether maintaining hair unshorn is an important 29 - 128tenet under the Sikh religion ?--Historical background, andLegislative enactmentsinvolving the Sikh religion30 - 54--The “Sikh rehat-maryada”55- 57--The “Sikh ardas”58 - 60--Views expressed by scholars of Sikhism61 - 67--The Guru Granth Sahib68 - 74--Views expressed by interveners75 - 126Shri Gurtej Singh75 - 84Shri Pavit Singh Mattewal, Advocate85 - 98Shri Atinder Pal Singh99 - 107Prof. Lal Singh 108 - 120Giani Harinder Pal Singh 121 - 126--Conclusion 127 – 12810.Findings on contentions advanced on behalf of the 129 - 151 petitioners--Whether the provisions of the Gurdwara Act of 129 - 1381925 are binding on the management andadministration of Sri Guru Ram Das CharitableHospital Trust, Amritsar ?--Whether the status of the petitioners as Sikhs must 139 - 141be determined only with reference to Section 2(9)of the Gurdwara Act of 1925 ?--Whether the petitioners have a right to admission 142 - 144under the Sikh minority community quota under

C.W.P No.14859 of 2008:3:the notification dated 3.4.2001 ?--Whether the petitioners who are all minors can be 145 - 147made to suffer the consequence of trimming their hair or plucking hair of their eyebrows ?--Whether it is valid to limit admissions under the 148 - 149Sikh minority community quota only to those whomaintain “Sikhi swarup” ?--Whether the petitioners are entitled to admission 150 - 151on the basis of their higher merit, in terms of thedecision rendered by the Supreme Court in IslamicAcademy of Education Vs. State of Karnataka,JT 2003(7) SC 1?11. Concluding remarks. 152 – 154.J.S. Khehar, J.1.Hearing this petition, has been an experience of sorts.Sentiments and emotions were on a high. We were under an internationalscanner. Letters were addressed to the members of the bench individually,as well as, collectively. A lot of these letters came from overseas. Some of the communications were addressed to the Chief Justice of this Court, andwere forwarded to us for our consideration. The media covered the hearingsfrom day to day, and in doing so, reported the issues canvassed, as it perceived them. The issue under the scanner was an aspect of areligious belief i.e. whether maintaining hair unshorn is anessential/important tenet of the Sikh religion. Based on media projections,individual sentimentalities were aroused. Depending on what was reported,reaction of readers, who thronged the court, varied from day to day.Intellectuals, Sikh scholars, and preachers of the Sikh religion, attendedcourt proceeding, to have a first hand account of what was going on. Whilenot agreeing with what one or the other side was canvassing, repeatedrequests were made by those attending the proceedings, that they too should be given an opportunity of hearing.

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