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TMI Blog1993 (7) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... ct'). The State Government of Punjab received a petition under Section 7(1) of the Act from Sikh worshippers of a Gurdwara, numbering more than 50, qualified residence-wise to so apply, praying for the Gurdwara to be declared a Sikh Gurdwara. As per requirement of Sub-section (2) of Section 7 of the Act, the name of the Gurdwara given was Gurwara Sahib Bara situated in the revenue estate of village Balian, Tehsil and District Sangrur. A list of properties said to be belonging to the Gurdwara was also given, besides the, names of the persons who were in possession of those properties. As required, under Sub-section (3) of Section 7, publication of the petition under Section 7(1) and the list of the properties provided under Section 7(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to proceed with the appeal as, according to him, Section 16(2)(iii) had neither been properly construed nor had the evidence been appreciated within the parameters of Section 16(2)(iii) of the Act. Having understood the submission by his arguments and having pondered over the matter, we proceed to express our views. 5. The scheme of the Act was so designed, firstly to put certain places of Sikh worship, about which no substantial doubt existed, straight way in Schedule I. The procedure to achieve that objective was available in Section 3 of the Act and by a public declaration, as conceived therein, the scheduled Gurdwara stood proved conclusively to be a Sikh Gurdwara where management and control of it was to vest in the bodies referre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be declared a Sikh Gurdwara in accordance with the provisions of Sub-section (2). Further Sub-section (2) Clause (iii) says that if the tribunal finds that the Gurdwara was established for use by Sikh for the purpose of public worship and was used for such worship by Sikhs, before and at the time of the presentation of the petition under Sub-section (1) of Section 7, the tribunal shall decide that it should be declared a Sikh Gurdwara and record an order accordingly. Thus the fact determinable is whether the Gurdwara, as claimed by its 50 or more worshippers is a Sikh Gurdwara and that essentially would depend on the nature of evidence, oral as well as documentary, led by the parties. No two decisions in such cases can be alike, no set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... questions. In order to establish that an institution is a Sikh Gurdwara, it is not sufficient to produce satisfactory evidence on the second question only and ask the Court to infer that the institution was established for the purpose of public worship. (1935) 157 Indian Cases 142. The circumstance that an institution is an old one does not absolve the claimant from giving suitable and sufficient proof, though it is a fact which has to be taken into account in estimating the evidence. See AIR 1937 Lahore 577. The point of distinction between a public and a private worship is that the public can resort to the former as a matter of right while this cannot be done in the case of a private place of worship. See AIR 1937 Lahore 786. It is open ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernational Edition), the word 'establish' means: 1. to settle or fix firmly; make stable or permanent. 2. to set up; found, as an institution or business. 3. to set up install (oneself or someone else) in business, a position, etc. 11. Thus in our view, on precept and otherwise, the law is firmly ingrained and placed on a firm footing that before a Gurdwara or an institution could be declared a Sikh Gurdwara, it must be established that it was founded at its inception by the Sikhs for public worship. The mere fact that it was actually being used for public worship before and at the presentation of the petition under Section 7(1) is of no help singularly. Evidence as to the founding or establishing of the institution for public wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for use by Sikhs for, public worship. Its subsequent use may have some relevance to unearth the past but the past cannot be obviated to be unearthed when staking a claim. The Tribunal, it seems, was also alive to the question for it observed as follows: Shri Harcharan Singh, the learned Counsel for the respondent, frankly concedes that direct evidence to prove that the institution was established for public worship by the Sikhs is wanting in the case. 13. In face of the above admission of the counsel for the SGPC and nothing further being available on this aspect in the statements of two witnesses examined by it before the Tribunal, one being 30 years and the second being 32 years of age, and the institution having been established ..... X X X X Extracts X X X X X X X X Extracts X X X X
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