“It cannot be said that the high court or the chief justice of the high court or the Governor, while offering prayers for successful completion of the building, has taken any action which can be termed as non-secular and consequently, unconstitutional,” ruled a bench of Gujarat high court, consisting of justices Jayant Patel and JC Upadhyaya.
The bench said this on Thursday while issuing a ruling over a PIL moved by one Rajesh Solanki challenging the bhoomi pujan (foundation laying ceremony) performed by the chief justice for a high court building as per Hindu rituals in May last year. The court also imposed a fine of Rs20,000 on petitioner Solanki for taking ‘’pervert meaning of the ceremony.”
Solanki alleged in the PIL that such activity would hurt the religions feelings of the citizens who profess other religion and therefore, such action can be said as non-secular and deserves to be declared as unconstitutional.
The PIL had become a debatable issue, as the rituals were performed by the government and its functionaries as normal procedures.
The bench said, “Offering of prayers at the foundation laying ceremony for the successful construction of the building to be used by the persons irrespective of their caste, community or religion, etc., could be termed as a part of secular activity and it cannot be termed or branded as choosing a particular religion since the prayers offered for such a noble cause cannot be termed as essential and integral part of a particular religion, but can rather be termed as for the benefit of all who are to make use of the new building directly or indirectly in future.”
The 20-page order elaborated the wide meanings of secularism, religion, dharma and ‘Vasudeva Kutumbakam’ (spirit of one family and universal brotherhood). While imposing the fine on Solanki, the bench said: “It can be said that the petition is either filed with some extraneous consideration or there is no genuineness or bona fide public interest as sought to be canvassed.”
Regarding Bhoomi Pujan, the bench said: “At the time when a building is to be constructed by adding physical burden, offering of the prayer to the earth to pardon or to graciously bear the burden to make the construction successful, which is to be for the high court, such an action can be termed as for the betterment of all persons connected, irrespective of their caste or religion or community. “Therefore, such offering of the prayers to the earth cannot be termed as non- secular action if ‘manav dharma’ is to be understood in its real sense in furtherance to the principles of secularism to be observed by our nation.”
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}