(Times of India)
Court upholds move to codify rituals
5 Aug 2008, 0252 hrs IST,TNN
BANGALORE: The Karnataka High Court on Monday upheld the order of a single judge on codification of rituals in the cave shrine at Dattatreya Peetha in Bababudangiri of Chikmagalur district and directed the commissioner (religious charities) to undertake the codification process at the earliest after hearing all parties concerned.
Single judge H G V Ramesh had observed in his order of Feb 14, 2007 that the commissioner should consider the grievances of the petitioners as to the practice which was prevailing in Datta Peetha from time immemorial and to recognize the rights regarding the offering of puja to the paduka of Swami Dattatreya as per the religious custom of Hindu devotees.
The court then directed the commissioner to consider reports submitted by the assistant commissioner and take steps to appoint archakas if needed. In his final decision, the judge also directed the official to allow Hindu religious customs and ceremonies as practised prior to June 1975 and also prior to anointing of Shakhadris in the Hyder Ali period.
While dismissing the government contention, the division Bench headed by acting Chief Justice Deepak observed on Monday, "No case for interference is made out. After all, nothing has been decided by the single Bench on merits except the matter has been remitted back to decide the issue after having given opportunity to both sides. The commissioner (religious charities) shall carry out the directive as contemplated in the single Bench's order at an early date. Appeal dismissed."
In his 2007 order, Justice Ramesh cancelled subsequent orders passed by authorities and ordered recodification of the rituals. But the then government headed by H D Kumaraswamy appealed.
While the government contended there was no need for the single Bench to pass this order as there was a February 25, 1989 order of the commissioner and it was not challenged by anyone, Guru Dattattreya Peetha Samvardhana Samiti, a petitioner, contended that that order left out some Hindu rituals, particularly according special respect to Mathadhipathis , provision for offerings, appointment of archakas and some Hindu rituals.
Several Shakhadris had also moved court challenging codification of rituals as interference. While codifying the rituals in 1989, the muzrai commissioner specified that the mujavar in the cave shrine alone can light the nandadeepa and incense sticks and offer flowers to the Datta silver sandal.
o o o
The Hindu - August 5, 2008
Court quashes State appeal on Datta Peetha
Staff Reporter
BANGALORE: The Karnataka High Court on Monday, dismissed the State Government’s appeal relating to the contentious Shree Guru Datta Peetha in Bababudan Giri in Chikmagalur district.
A Division Bench comprising Acting Chief Justice Deepak Verma and Justice A.S. Bopanna passed the order while upholding a single judge order of February 14, 2007. The single judge had allowed a petition by the Guru Datta Peetha Devasthana Samvardhane Trust and directed the Commissioner of Religious and Charitable Endowments to hear all parties, including the trust, before passing orders on religious practices being followed at the Shree Guru Datta Peetha before 1978. The trust, in its petition, had moved the High Court against a 1989 order of the Commissioner of Religious Institutions and Charitable Endowment. The trust termed as unilateral the 1989 order and said that the Commissioner had passed the order after hearing the peer of the shrine.
The single judge had asked the Endowment Commissioner to hold an inquiry and hear the public, the members of the trust and devotees before passing an order according to the provisions of the Endowment Act. He had remanded the matter back to the Commissioner and asked him to pass appropriate orders. The State had urged the Bench to set aside the orders of the single judge. The High Court order will now afford an opportunity to the trust and other devotees of Bababudan Giri to place their views before the Endowment Commissioner. The commission would have to hold an inquiry and consider the views of all parties before coming to a decision on religious practices being followed at the shrine prior to 1978.
|
