Dera Siri Chand Darbar vs State of Punjab

M.L. Singhal, J.

This is a Criminal Writ Petition by Dera Siri Chand Darbar, Baba Tahli Sahib, Dera Baba Nanak through its Mahant Karan Dass, Chela Sudershan Dass, resident of village Pakhoke, Dera Baba Nanak, District Gurdaspur against the State of Punjab and others filed under Articles 226/227 of the Constitution of India whereby the issuance of appropriate writ, order or direction directing the respondents especially respondent No. 4 to register criminal case against respondent No. 5 to 12 under Sections 452/447/506/148/149 I.P.C. and also direction to respondents No. 1 to 4 directing them to take immediate steps; so that there is no breach of peace committed by respondents No. 1 to 4 directing them to provide security to the petitioner and also to the property of the petitioner against the unlawful threats and the evil designs of respondents No. 5 to 12 has been prayed. Interim direction has also been prayed for the petitioner to respondents No. 1 to 4 to immediately provide him security for prevention of breach of peace.

It is averred by the petitioner that Dera Siri Chand Darbar Baba Tahli Sahib Dera Baba Nanak is a religious institution which was founded by Baba Siri Chand. Dera was named after him being the founder of the institution. The Dera popularly known as "Mandir Tahli Sahib" is purely a religious institution. About 71/2 killas of land situated in village Abdal is attached with the Dera. Offerings made at the Dera and the income of the Dera which is used for religious purposes, namely, the maintenance of the Mandir as well as in arranging food, boarding and lodging for the devotees and the Sadhus who visit the dera especially on occasions like Siri Chand Naumi and Mela Siri Chola Sahib. The Mahantship of the Dera devolves as per the wishes of the Guru. As per the wishes of the previous Mahant late Sudarshan Dass, the present Mahant Karan Das was appointed as Mahant on 12.10.73 and since then, Mahant Karan Dass has been acting as Mahant of the Dera and managing the affairs of the Dera without any interference from any quarter. As per Jamabandi for the year 198990, land measuring 58 Kanals 5 marla is owned by the Dera in the name of the Mahant of the Dera. In the year 1993, certain persons were interfering in the possession of the petitioner over the land and thereupon the petitioner filed suit for permanent injunction restraining them from interfering with his possession. Sub Judge Ist Class, Batala decreed the suit in favour of the petitioner on 25.11.1993. Mandir of the Dera Baba Siri Chand is situated in Khasra No. 59, Khewat No. 277. The land over which the Mandir is situated is personally owned by Mahant Karan Dass as per the Jamabandhi for the year 196869 as this land which was owned by Mahant Ishar Dass was bequeathed to the petitioner. The ownership of petitionerKaran Dass over Khasra No. 59 was also established by judgment/decree dated 27.11.1975 by Sub Judge, Ist Class, Batala, copy of which is Annexure P/2. Ever since his appointment as Mahant on 12.10.73, Mahant Karan Dasspetitioner has been recognised and accepted as Mahant of the Dera. He has been residing at the Dera and performing the daily religious ceremonies at the Dera such as performing Dhoop Deeva and he has been keeping the land attached with the Dera. He has been exercising full control and dominion over the income of the Dera using it exclusively for religious affairs and maintenance of the Dera. Respondents No. 5 to 9 are brothers of petitionerMahant Karan Dass. They are jealous of him and have been creating problems for him for some time past. They are keeping an evil eye on the property of the Dera. They want to usurp the income of the Dera. PetitionerJalan Dass is not permitting them to usurp the income of the Dera. Respondents No. 5 to 9 are disposed inimically towards Mahant Karan Dass. They colluded with certain undesirable persons in the Ilaqa and have hatched conspiracy to forcibly occupy the property of the Dera and to remove Mahant Karan Dass by illegal means. They joined Sarpanch Lakha Singhresponent No. 10, Kulwant Singhrespondent No. 11 and Amrik Singh respondent No. 12 in this conspiracy with them. On 4.3.97, the petitioner Mahant Karan Dass was present in the Mandir of the Dera as usual for making arrangements for the Mela Chola Sahib which is solemnised at the Dera from 4.3.97 to 6.3.97. Jasbir Kaur w/o Mahant Karan Dass was also present there along with Balwinder Singh and Kuldeep Singh of village Tarpalla. On 4.3.97, at about 11.00 A.M., respondents No. 5 to 12 forming an unlawful assembly armed with deadly weapons like Kirpans, Knives and other sharpedged weapons and accompanied by unruly mob trespassed into the Dera and threatened and abused Mahant Karan Dass, his wife and the other persons who were present in the Mandir and threatened Mahant Karan Dass that they would forcibly occupy the Mandir and also plough the land of the Dera forcibly and they would remove Mahant Karan Dass from the Dera and in case he offered any obstacle he would be done to death. They disturbed the peaceful and festive atmosphere of the Dera and after trespassing into the Dera committed breach of peace and held out threat to forcibly remove the petitionerMahant Karan Dass and occupy the land. As the petitionerMahant Karan Dass in the presence of his wife Jasbir Kaur, P.W.''s Balwinder Singh, Kuldeep Singh and other persons resisted the advances made by respondents No. 5 to 12, the situation took a serious turn and the news of the incident spread in the area upon which the D.S.P. Dera Baba Nanak alongwith S.H.O., Dera Baba Nanak reached the spot with police force. The people who had gathered at the spot narrated the actual occurrence before the police officers and stated that respondents No. 5 to 12 alongwith other persons were taking the law in their own hands. Respondents 5 to 12 did not relent and continued holding out threats to the petitioner even in the presence of the police force. Apprehending breach of peace at the hands of respondents 5 to 12, the police took them as well as the petitioner to the police station, Dera Baba Nanak. Police did not take any action against respondents No. 5 to 12 although they were satisfied that respondents No. 5 to 12 had committed cognisable offence. A chit was received from Sh. Lakhmir Singh Randhawa Ex. Minister by S.H.O. Dera Baba Nanak, during the period when the petitioner and respondents No. 5 to 12 were in detention at the police station, Dera Baba Nanak. On receipt of that chit, respondents No. 5 to 12 were let off. On the contrary, the petitioner and his wife were told that they should leave the Mandir and should not come there because if they continued to reside at the Mandir, they would be attacked and might even be murdered by respondent No. 5 to 12. Thereafter, the petitioner and his wife were also allowed to go from the Police Station and they came back to the Dera. No action was taken by D.S.P., Dera Baba Nanak and S.H.O. Dera Baba Nanak against respondents 5 to 12 despite his request to them that action be taken against respondents No. 5 to 12 with the result, respondents No. 5 to 12 have begun feeling more emboldened and since then they have been daily threatening and abusing the petitioner so that he feels compelled to leave the Dera. When the local police failed to take any action against respondent No. 5 to 12, the petitioner Mahant Karan Dass sent complaints to Director General of Police, Punjab, I.G. Border Range, Amritsar and S.S.P., Batala through registered post. Respondents No. 5 to 12 became still more aggressive towards him. They have been visiting the Dera daily and abusing and holding out threats to him to vacate the Dera or else they would not let him have restful slumber. Respondents No. 5 to 12 have vitiated the atmosphere of the Dera and have taken law in their own hands.

Respondents 5 to 11 put in reply by way of affidavit to the averments made in the criminal writ petition. It was denied that land measuring 71/2 Killas situated in village Abdal is attached with the Dera. There existed 37 acres of land in the name of the Dera at village Pakhoke which was illegally sold by the petitioner without any authority. Mahant of a Dera is appointed by Sadh Mandal Bhekh which is a body comprised of a number of such institutions existing in various parts of the country. Petitioner was appointed as Mahant on 12.10.73. He never performed his duties and religious rites at the Mandir. He remained at Fatehgarh Churian with his family for the whole period and till date, he is residing at Fatehgarh Churian running a type and Giani College. Respondents 5 to 9 and their mother are managing the affairs of the Dera. Injunction decree passed by Sub Judge Ist Class, Batala on 25.11.1993 relates to land situated at village Abdal which is 5 kms away from Dera Baba Nanak. They were not a party to that decree. He never performed daily religious ceremonies i.e. Dhoop, Diva and looked after the proper maintenance of the Mandir. He has rather sold the land belonging to the Dera without any authority in an illegal and unlawful manner. Respondents 5 to 9 who are the real brothers of the petitioner, are performing all the ceremonies and day to day Pooja in the Mandir alongwith their old widowed mother and are residing in the Dera. A number of complaints were sent to the Sadh Mandal Bhekh by the devotees regarding the misdeeds of the petitioner for removing him from the post of Mahantship. There is a communication issued by the Commissioner Jalandhar Division to all the Deputy Commissioners in the State to this fact which is Annexure R/1. On 19.3.1997, a special meeting of the Bhekh Sadh Mandal was held under the presidentship of Mahant Tirath Ram, petitioner was removed from Mahantship and respondent No. 5 Lakhwinder Dass was enshrined as Mahant of the Dera Laba Siri Chand Tahli Sahib. It was suggested to the revenue authorities vide Annexure R/3 that the property of the Dera be transferred in the name of duly appointed Mahant and fresh mutation be entered in the revenue records. It was further urged that the petitioner has not come to the court bona fide. He has chosen this course for harassing the respondents. No such incident as alleged took placed on 4.3.97. No such complaint as alleged was ever filed with P.S. Dera Baba Nanak by anybody. Festive atmosphere of the Dera was not all disturbed by anybody and the festival ended peacefully. It was denied that they were taken to the Police Station or that they were released on the intervention of Sh. Lakhmir Singh Randhawa. They are poor. How could they muster support of ExMinister Lakhmir Singh Randhawa ?

Respondents No. 1 to 4 also put in reply in the form of affidavit of Sh. Darshan Singh Dhindsa, Deputy Superintendent of Police. Halqa Dera Baba Nanak urging that the petitioner has neither been performing the duties of the Mahant nor has he been residing in the Mandir as revealed by the enquiry conducted on the application of Mahant Karan Dass by the police. It was found that (the petitioner) has been residing at village Fatehgarh Churian for the last 18 years with his family. His remaining five brothers and their mother have been residing at Pakhoketahli Gaddi Baba Siri Chand since 1948. Festival of Chola Sahib was celebrated at the Dera. Baba Karan Dass wanted to be appointed to the Gaddi of Baba Siri Chandji. He was restrained from doing so by the respectables of the village, Narmada Devi and her sons. Police force was present there due to the festival. Due to the presence of the police force, Baba Karan Dass and his family went to Fatehgarh Churian. No quarrel took place at the spot. No cognisable offence was found to have been committed. Enquiry revealed that the matter was of civil nature. Karan Dass has moved application so as to obtain gaddi of the Dera known as the Mandir of Baba Tahli Sahib.

It has been submitted by the learned counsel for the petitioner that the petitioner Karan Dass is Mahant of the Dera. Mahant Sudarshan Dass was the previous Mahant of the Dera. Mahant Karan Dass was appointed as Mahant on 12.10.73. Land is attached with the Dera. Mahant Karan Dass is managing the affairs of the Dera. He performs daily pooja at the Dera. Income derived from the land and the offerings made at the Dera are the sources of income of the Dera. Income of the Dera is spent on the upkeep and the maintenance of the Mandir. Food is served to the devotees. There is arrangement for boarding and lodging of the devotees and the Sadhus who visit the Dera. Learned counsel for respondents No. 5 to 11, on the other hand, has submitted that Mahant Lakhwinder Singh is the Mahant of the Dera. He was appointed Mahant of the Dera by Bhekh of the Sadh Mandal in congregation held on March 19, 1997. In that congregation, Mahant Karan Dass was removed from the Mahantship of the Dera as he was not residing at the Dera nor was performing any pooja at the Dera.

As to whether Mahant Karan Dass is continuing to be Mahant of the Dera or he has been removed from the Mahantship of the Dera and Lakhwinder Dass has been appointed Mahant of the Dera is a question which can be decided by the Civil Court. In criminal proceedings the question of Mahantship cannot be decided. Criminal law cannot be allowed to be used as an instrument of oppression. Petitioner cannot be allowed to use the machinery of criminal law as an instrument of oppression against respondents No. 5 to 9 for the decision of the question of Mahantship of the Dera. Mahant is entitled only to manage the land attached to the Dera and spend income of the Dera for the upkeep and maintenance of the Dera. He is entitled to utilise the income for the performance of religious ceremonies at the Dera or for serving langar at the Dera.

Learned counsel for the petitioner has submitted that the police are bound to register a case if the version of the person approaching them discloses a cognisable offence. Police are bound to collect the evidence during the course of investigation. If the police feel that the evidence collected by them is worthwhile, they are bound to challan the accused. In support of his submission, he has relied on State of Haryana and others v. Chaudhary Bhajan Lal and others, AIR 1992 SC 604 where it was held that Section 154(1) is the relevant provision regarding the registration of a cognisable offence and that provision reads as follows :

"Every information relating to the commission of a cognisable offence, if given orally to an officer Incharge of a police station shall be reduced to writing by him or under his direction and be read over to the informant and every such information whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf."

The legal mandate enshrined in Section 154(1) is as follows :

"Every information relating to the commission of a cognisable offence (as defined under Section 2(c) of the Code if given orally (in which case it is to be reduced into writing) or in writing to an officer incharge of a Police Station (within the meaning of Section 2(o) of the Code) and signed by the informant should be entered in a book to be kept by such officer in such form as the State Government may prescribe which form is commonly called as First Information Report and which act of entering the information in the said form is known as registration of a crime or a case.

At the stage of registration of a crime or a case on the basis of the information disclosing a cognisable offence in compliance with the mandate of Section 154(1) of the Code, the concerned police officer cannot embark upon an enquiry as to whether the information laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the one hand the officer in charge of a Police Station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code to investigate subject to provide to Section 157. In case, an officer Incharge of a Police Station refuses to exercise the jurisdiction vested on him and to register a case on the information of a cognisable offence reported and thereby violates the statutory duty cast upon him, the person aggrieved by such refusal can send the substance of the information in writing and by post to the Superintendent of Police concerned who, if satisfied that the information forwarded to him, discloses a cognisable offence, should either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by subsection (3) of Section 154 of the Code.

It is, therefore, manifestly clear that if any information disclosing cognisable offence is laid before an officerincharge of a Police Station satisfying the requirements of Section 154(1) of the Code, the said Police Officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information."

Learned counsel for respondents 5 to 11 on the other hand, submitted that the police are not bound to record First Information Report on any nebulous information that is given to them.

In my opinion, the police are not bound to record First Information Report on any nebulous information given to them. Police are entitled to scrutinise an information given to them and if on scrutiny, they find that the information is false and is intended to be used as an instrument of oppression, they will not register the case. In this case, however, no wonder, the petitioner was trying to use the power of the police as an instrument of oppression against his brothers who claimed to be in possession of the Dera and the land attached with it. As to whether Mahant Karan Dass is in possession of the Dera and the land attached with it or Mahant Lakhwinder Dass is in possession of the Dera and the land attached with it is a question that falls to be determined by the Civil Court. Similarly, the question as to whether Mahant Karan Dass is a Mahant of the Dera or he was removed from the Mahantship of the Dera and Mahant Lakhwinder Dass was enshrined as Mahant of the Dera and further whether the removal of Mahant Karan Dass and the installation of Mahant Lakhwinder Dass was valid is also a question to be decided by the Civil Court. These questions cannot be decided by the Police.

For the reasons given above, this Criminal Writ Petition fails and is dismissed.