SC stays further ordinance on TN religion bill

New Delhi, Aug 14: The Supreme Court today stayed till further orders a Tamil Nadu ordinance which states that priests (archaks) of temples are to be appointed without any discrimination of caste or creed.

A bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and Markandey Katju also issued notices to the state of Tamil Nadu and the commissioner HR and CE Department Hereditary Religion and Cultural Endowments Department on a petition filed by Phennindia Thirukkoil Archhagarghal Paripalana Sabhai and others asking for a stay on 'The Tamil Nadu Hindu Religious and Charitable Endowments' (Amendment) Ordinance 2006.

The petitioners had challenged the impugned ordinance on the grounds that it was in contravention of the constitution bench judgement of the Supreme Court in Seshammal's case which said that the trustee was bound to make an appointment of priests (archakas) from a specified demomination sect in accordance with the particular agama governing that temple.

The petitioners contend that the executive order of the state government also violates the age-old custom of the temple saying that persons belonging to a particular denomination, which applies to a particular temple alone are entitled to enter the sanctum sanctorum, touch the idol and function as archakas. This usage, which is in memorial far from being snapped or interrupted, continues till date not withstanding the 1971 amendment in view of the judgement in Seshammal's case.

The court in its order said that issues raised in the petition deserve to be debated upon by the court as an important question of law relating to religious freedom. The impugned Act 1959, relating to the administration of Hindu religious institutions in the state of Tamil Nadu in enactments passed by several state legislatures and established usage in temples have been preserved. The Tamil Nadu Act also provides for preservation of established usage.

The state has been given six weeks time to file its response and the petitioners have been given two weeks time thereafter to file their rejoinder affidavit.

UNI