The Uttarakhand High Court has dismissed the public interest litigation filed by senior BJP leader and Rajya Sabha MP Subramanian Swamy challenging the constitutional validity of the Char Dham Devsthanam Act.
However, the court has held that in section 22 of the Char Dham Devsthanam Act, the words “shall devolve” must be read as “devolve on the Char Dham and shall be maintained by the Board” and the words “may further acquire land” in the proviso thereto, shall be read as “may further acquire land on behalf of the Char-Dham”.
The division bench of chief justice Ramesh Ranganathan and justice RC Khulbe also held that the challenge to the validity of the 2019 Act on the ground that it violates articles 14, 25, 26 and 31-A of the Constitution of India, must fail. Soon after the petition was dismissed, Swamy made a series of tweets hinting at further action from his side. “I am awaiting the full judgment to be up loaded. Broadly some Sections appear to have been struck down, but the Act as such minus these Sections remains. Hence I have to approach the SC as in my earlier victories after losing in the HC e.g., Sabhanayagar Nataraj, 2G Spectrum cases,” he said in one of his tweets.
Meanwhile, chief minister Trivendra Singh Rawat welcomed the HC decision, reiterating that the board had been formed considering future requirements, facilities for devotees and infrastructural development.
Addressing the media he said, “Last year 36 lakh devotees undertook the Char Dham Yatra. This number is expected to rise considerably in the future. It is our priority to ensure the safety of pilgrims coming in such large numbers.”
The CM also reiterated that the traditional rights and interests of Teerth Purohits and the Panda community have been kept secure. Considering the importance of traditions in religion and culture, the State Government has maintained all traditions related to the Char Dham.
Stating that there should be no doubts regarding the Char Dham Devsthanam Board, Rawat said that the formation of this board was the biggest reformative step after formation of Uttarakhand State. “The High Court decision should not be viewed in relation to anyone’s victory or defeat. This is not a political issue. In the future, the board is going to be very important for the management of the Char Dham Yatra, he added.The State’s Tourism, Culture and Religious Affairs minister Satpal Maharaj also welcomed the HC decision. He said that the board had been formed for better management of the Yatra and betterment of the historical temples. “After the court’s decision I am hopeful that the activities of the board will pick up and there will be progress in conservation of Sanatan culture and the state’s development,” said Maharaj.