HC: Constructing temple cannot damage anybody’s spiritual sentiments | Allahabad Information
PRAYAGRAJ: The Allahabad Excessive Court docket has termed as primarily based on “presumptions and surmises” the order handed by district Justice of the Peace of Sambhal dated October 30, 2017, by which building of Kalki Dham Temple of Acharya Pramod Krishnam Ji Maharaj had been stopped.
Whereas disposing of the writ petition filed by Acharya Pramod Krishnam Ji Maharaj, a division bench comprising Justice Salil Kumar Rai and Justice Surendra Singh directed the Sambhal Zila Panchayat to cross applicable orders on map submitted by the petitioner strictly in accordance with its bylaws and with out being persuaded by the observations of the district Justice of the Peace, Sambhal made in his order dated October 30, 2017.
The court docket declined to just accept the bottom taken by the DM that building of temple would offend spiritual sensibilities of a selected neighborhood and would create regulation and order downside. “Mere building of a temple by any particular person on his personal property can not offend the spiritual sensibilities of every other neighborhood. It’s not the case of the administration that individuals of different spiritual neighborhood had protested in opposition to the development of temple, the muse of which was to be laid on November 7, 2016. The precise of the petitioner to assemble a temple on his personal property is protected by Articles 25 and 26 of the Structure and there’s no proof that the development would have disturbed public order or was in opposition to morality or could be inimical to public well being”.
Relating to the apprehension of DM that by building of temple, the petitioner intends to encroach close by state land, the court docket in its judgement dated August 9 mentioned, “Solely as a result of the plots on which the temple is proposed is close to state land will not be, by itself, ample to conclude that the petitioner intends to encroach upon it”.
The case pertains to the Kalki Mahotsav held in Achora Kambo village of Sambhal tehsil and district. The petitioner claimed to be a reputed Hindu seer and that he had been declared peethadhishwar of Sri Kalki Dham within the village. He had bought sure properties within the village and had deliberate to put the muse of Kalki Dham Temple within the village on November 7, 2016. It seems that a illustration was made by Inamur Rahman Khan, claiming to be nationwide president of Muslim Kisan Union, that the muse laying ceremony of the temple could be opposed by Muslims. An identical report was additionally submitted by the deputy district Justice of the Peace, Sambhal to the DM, Sambhal who, apprehending breach of peace restrained the petitioner from laying the muse of the temple with out acquiring permission from district administration.
Consequently, the petitioner couldn’t lay the muse stone of the temple and filed a writ petition difficult the order of DM, Sambhal.
