New Delhi, Aug 29 : The Supreme Court on Monday issued notice on a case filed from BJP MP Subramanian Swamy challenging a Tamil Nadu government order that gives the control of more than 40000 Hindu temples to the state.A bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia also issued a notice of Swamy’s appeal, also challenging the M.K.Stalin government’s law permitting the appointment of non-brahmins as archakas in the temple.The petition challenged several parts of the Hindu Religious and Charitable Endowments Act which was enacted by the Tamil Nadu government.
“By exercising its powers under the various provisions of the Act, the respondent-government has taken over nearly 40,000 Hindu temples in the state Of Tamil Nadu, in utter disregard of the rights of the Hindus in the state to profess, practice and propagate their religion”, said Swamy’s plea.
It also states that officials who are appointed by the Act have a variety of responsibilities that include either directly or indirectly, appointing archakas the temples in disobedience to practices that are followed in these temples, or the agamas who govern these temples.
The argument was that should a person who isn’t familiar with the rituals, agamas, or the practices of worship that govern a temple and is appointed as the archaka, it could change the religious nature of the site of worship which is ultra-vires Section 3 and 4 of the Places of Worship Act, 1991.
“The petitioner argues that the appointment of archakas as well as the roles of archakas in temples are not into the definition of an activity that is considered to be secular.The petitioner also states that even if this is deemed to be a non-secular activity however, it is not able to be performed by the government.It can only be carried out by trustees who are independent of Hindu temples and other religious establishments.” added the petition.
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