The Uttarakhand high court has sought the government’s response within three weeks in the Public Interest Litigation filed by Rajya Sabha MP and senior BJP leader Subramanian Swamy challenging the Char Dham Devsthanam Management Board Act brought in by the State Government. The division bench of Chief Justice Ramesh Ranganathan and justice RC Khulbe also asked the State Government to also respond on whether the PIL is sustainable or not.
It is pertinent to mention here that in his PIL, Swamy has contended that the Devsthanam Act is unconstitutional. The Government taking over management of the Char Dham and 52 other shrines under the Act is a violation of articles 25 and 26 of the Constitution, the petition states. Swamy said that in the past, similar decisions had been taken in the states of Tamil Nadu, Andhra Pradesh, Kerala and Maharashtra.
He had filed petitions against these decisions in the Supreme Court and won the cases. He further said that there are various decisions on the Supreme Court in such matters. Swamy has also opined that the decision of the State Government is against the policies of the Bharatiya Janata Party.
Swamy has also requested in his petition that the Government not take any further action until the matter is in the court. However, the State Government appointed the Chief Executive Officer of the Char Dham Devsthanam management board shortly after the petition was filed.