R.A. No.215 of 2009 1
In the High Court of Punjab and Haryana, Chandigarh.
R.A. No.215 of 2009 In
CWP No.14859 of 2008
Date of Decision: 07.08.2009
Gurleen Kaur
....Appellant.
Versus
State of Punjab and others
....Respondents.
Coram:- Hon'ble Mr.Justice J.S. Khehar
Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Ajay Kumar Mittal
Present: Mr. M.S. Rahi, Advocate
...
J.S. Khehar, J. (Oral).
Through the instant review application, the applicant seeks
review of the conclusions drawn in paragraphs 74 and 127 of the judgement
rendered in Civil Writ Petition No.14859 of 2008. The aforesaid two
paragraphs are being extracted hereunder: —
“74. We have considered the submissions advanced by the
learned counsel for the parties. Our attention was also invited
to some verses from the Guru Granth Sahib where reference
was made to “kesh/keshas”. We have intentionally not
extracted any of them herein. Some such hymns have been
referred to in the submissions recorded hereinafter as were
advanced by interveners who were allowed to address the
R.A. No.215 of 2009 2Court. In all such verses cited before us, we came to realise
that reference to hair (“kesh/keshas”) was contextually different
from the issue which we have been called upon to adjudicate.
In our view, the Guru Granth Sahib is a treatise limited to the
expression of the moral and spiritual code of conduct for Sikhs.
The Guru Granth Sahib is also a guide/teacher/prayer for Sikhs
to lead them to salvation i.e. merger with God. The physical
aspects of the Sikh faith, in our view, can be rightfully traced
only from the “Sikh rehat-maryada” and from other preachings
of the “Sikh gurus” connected to the code of conduct in their
day to day life. It would be wrong, therefore, to look for an
answer to the controversy, whether or not, Sikhs are ordained to
maintain their bodily hair unshorn from the Guru Granth Sahib.
127. Having dealt with the historical background of the Sikh
religion, legislative enactments involving the Sikh religion, the
“Sikh rehat-maryada”, the “Sikh ardas” and views expressed by
scholars of Sikhism, we are satisfied that they all lead to one
unambiguous answer, namely, that maintaining hair unshorn is
an essential component of the Sikh religion. In fact,
maintaining hair unshorn can be treated to be a part of the
religious consciousness of the Sikh faith. It may be a matter of
surprise, that in our aforesaid conclusion, we have not referred
to the Guru Granth Sahib as the basis of our determination.
Having heard learned counsel for the rival parties, we arrived at
the conclusion that Guru Granth Sahib is a treatise, limited to
the teaching of, the moral and spiritual code of conduct to the
R.A. No.215 of 2009 3
Sikhs. The Guru Granth Sahib is for the guidance of Sikhs in
their pursuit towards spiritual salvation. It does not deal with
the code of conduct prescribed for Sikhs. The code of conduct
is strictly contained in the “Sikh rehat-maryada”, which should
be the primary basis for drawing conclusions in respect of the
instant issue. However, important inferences on the subject
also emerged from the other aspects referred to hereinabove.
Furthermore, reference to the terms “kesh/keshas” (hair) in the
Guru Granth Sahib was found to be contextually different from
the issue which we are venturing to determine. This aspect of
the matter has also been discussed above while recording the
views of Giani Harinder Pal Singh. Undoubtedly, the Guru
Granth Sahib does not make any reference to the terms
“sehajdhari”, “amritdhari” and “patit”. The clear inference,
therefore is, that the Guru Granth Sahib does not deal with the
issue which is subject matter of our consideration. There may
be some justification in the inferences drawn by Shri Gurtej
Singh (one of the interveners) from various verses of the Guru
Granth Sahib, yet it would not be incorrect to state, that the
issue whether Sikhs are ordained to maintain their bodily hair
unshorn, has not been expressly dealt with in the Guru Granth
Sahib. We are, therefore, of the view that it would not be well
founded to base our conclusions, in so far as the instant issue is
concerned, on the Guru Granth Sahib. We have also
intentionally not taken into consideration the views expressed
by the various interveners. Their views appear to us to be
R.A. No.215 of 2009 4
based on their personal beliefs, convictions and understanding
of the Sikh religion. Inspite of their individual achievements in
the field of Sikh religion, we were of the view that an attempt at
our hands to determine the correctness or otherwise of their
views, would be an exercise in futility, as we may have led
ourselves into controversies which are strictly not relevant for
the task in hand. In any case, there was sufficient unambiguous
material available with us to render a conclusion on the issue
(whether or not, keeping unshorn hair is an important aspect of
the Sikh religion?). In our view, the Gurdwara Acts of 1925
and 1971 are legislative enactments, which have withstood the
test of time, wherein “keshadhari” (a Sikh who maintains hair
unshorn) has been incorporated as the fundamental
precondition for being vested with the right to be included even
in the electoral rolls. The “Sikh rehat-maryada” not only
requires Sikhs to keep their hair unshorn, even an act of
dishonouring hair, is taken as a tabooed practice. An act of
dyeing one’s hair is treated as an act of dishonouring hair. The
fundamental of retaining hair unshorn is not only for adults, but
is also for minors, as adults are required to maintain the hair of
the children unshorn. The “Sikh ardas” also establishes the
same tenet, from the fact that the keeping hair unshorn is
mentioned twice in the “Sikh ardas”. Scholars of the Sikh
religion, be it Sikhs or non-Sikhs of Indian heritage, or
foreigners believing in a religion other than Sikhism, each one
of them has described the requirement to keep hair unshorn as
R.A. No.215 of 2009 5
fundamental to the Sikh religion. It would, therefore, not be
incorrect for us to conclude, that maintaining hair unshorn is a
part of the religious consciousness of the Sikh faith. The same
view was expressed in an academic exercise carried out by the
Punjabi University, Patiala.”
In sum and substance, this Court had concluded in the aforesaid paragraphs,
that the Guru Granth Sahib was a treatise limited to the expression of the
moral and spiritual code of conduct for Sikhs. And further, that the physical
aspect of the Sikh faith could be traced only from the “Sikh rehat-maryada”
and from other preachings of the “Sikh gurus”, meaning thereby, that the
same could not be traced from the Guru Granth Sahib. It is this aspect of
the matter, which according to the pleadings of the instant application, led
to a deep sense of sorrow in the heart of the applicant. So as to demonstrate
his viewpoint, that the conclusions recorded by this Court in the judgement
to the effect noticed hereinabove, were not in consonance with the reality of
the Guru Granth Sahib. The applicant painstakingly read through
paragraphs 4 and 5 of the application. So as to understand effectively the
entire submissions advanced by the applicant, we are extracting hereunder
paragraphs 4 and 5 of the application, lest it be felt, that the submissions
advanced during the course of hearing, have not been duly taken into
consideration:-
“4. That with respect, it is submitted, Guru Granth Sahib is not
‘a treatise limited to the expression of moral and spiritual code
of conduct of the Sikhs’, as many other subjects and thoughts
have been included in Sri Guru Granth Sahib for the guidance
of the Sikhs and other people. For example, Guru Nanak as a
R.A. No.215 of 2009 6humanist, views the problem of religion, not as a problem of
God alone, but of man also. In Guru Nanak’s way of thinking,
all achievement of spiritual heights cannot be divorced from
struggle for achievement of a more human and just world. In
many Shabads of Guru Nanak, the focus is on social and
political problems of the people. In the ultimate analysis of
1430 pages of Guru Granth Sahib , it does not seem to be a
treatise limited to the spiritual and moral things alone, as Guru
Granth Sahib teaches the Sikhs also to be self-reliant, self-
respecting, self-confident, discriminating, socially responsible,
having a sense of unity and equality, productive member of
society, fully conscious of their religious, historical and
cultural heritage, Human Rights, Corruption and corruption in
justice delivery system, Environment and its protection, Merit
of the Rulers, Injustice and Duty of the Ruler to his subjects.
There is no doubt that there are large number of Shabads in
Guru Granth Sahib projecting the concept of egalitarianism and
humanism. The first proclamation of Guru Nanak was, ‘There
is neither a Hindu nor a Muslim’, but only a man – the central
peace of focus of his attention. In Japuji Sahib, Guru Nanak
said, ‘Nanak, Uttam Neech Na Koi’, laying down that all human
beings are equal. The same concept has been repeated in
various parts of Guru Granth Sahib. There are host of other
subjects, including the futuristic thoughts which are imbedded
in Guru Granth Sahib and are required to be explored for
further development of civilisation. The cosmic vision of Guru
R.A. No.215 of 2009 7
Nanak is limitless and no limit can be imposed on that.
5. That like the doctrine of Miri-Piri, the concepts of Rehat and
Gurmat are there in the Bani of Guru Nanak as contained in Sri
Guru Granth Sahib . About Rehat, Guru says, “Manmukh
Kathni Hai, Par Rehat Na Hoi’, (the perverse person preaches
piety, but himself practices it not, SGGS page 831). Similarly,
about Gurmat way of life, the Guru says ‘Gurmat Chaal
Nehchal Nai Dolai. Gurmat Sach Sehaj Har Bole’. (By
adjusting life-department in accordance with Guru’s teachings
may become stable and staggers not. By Guru’s instructions,
he instinctively repeats the true name of God. SGGP page
227). In the same way, Guru Nanak in Japuji says, ‘Amrit Wela
Sach Naam Vadyai Vichaar’, (Early in the morning utter the
True Name and reflect upon God’s greatness). These very
concept have been transformed into Sikh Rehat Maryada (The
Code of Conduct and Conventions) in a different language,
meaning thereby that every ideological aspect of Rehat
Maryada is rooted in the teachings of Guru Granth Sahib. By
no stretch of imagination, it can be said that any ideological
part of Rehat Maryada has independent existence apart from
Guru Granth Sahib. There is a complete unity of spiritual and
temporal things in Sikhism and deeply rooted in Sri Guru
Granth Sahib itself. There is no possibility of separating the
two, as this doctrine is deeply rooted in Guru Granth Sahib.
The Sikhs take vak/hukam from Guru Granth Sahib for a
direction in their day to day life. Therefore, a Sikh’s life is
R.A. No.215 of 2009 8
governed by the teachings of Guru Granth Sahib in all
aspects.”
Having heard the applicant, we repeatedly enquired from him to
demonstrate by citing any verse of the Guru Granth Sahib, that our
conclusions to the effect, that the Sikh code of conduct could not be
determined from the teachings recorded therein, the applicant repeatedly fell
back on to the averments recorded in paragraphs 4 and 5 of the application.
Insofar as, the code of conduct is concerned, a perusal of the judgement
reveals great emphasis at the hands of the Sikhs, insofar as the five
“kakkars” are concerned. We invited the applicant to demonstrate even
from a single verse of the Guru Granth Sahib wherein any of the five
“kakkars” have been mentioned. Besides evading the question, reference
was always made to the averments made in paragraphs 4 and 5 of the
application, extracted hereinabove.
In the background of the factual position recorded hereinabove,
we informed the applicant, that the submissions advanced by him besides
being unsubstantiated, even otherwise, do not relate to the controversy
settled by this Court with the disposal of Civil Writ Petition No.14859 of
2008. To this, the applicant remarked that he was conscious of the fact,
that the pleadings in this application have no effect on the merits of the
case. This statement made by the applicant, to state the least, is most
irresponsible. The pleadings of the application also reveal, that the
conclusions drawn by this Court in paragraphs 74 and 127 extracted
hereinabove, were “unwarranted, tells the half-truth, confuses the distinctive
identity of the Guru Granth Sahib, misinterpreting, controversial and the
same strikes at the roots of theo-political (Miri-Piri) unity of the Sikh
R.A. No.215 of 2009 9
thought as contained in the Guru Granth Sahib”. These words used in the
application, to our mind, are a matter of politicisation of the issue, rather
than an honest effort to correct any mistake, that may have occurred in the
order passed by us. While dismissing this application, we consider it just
and appropriate to impose token costs in the nature of the “Sikh rehat-
maryada” on the applicant. He is, accordingly, directed to pay Rs.101/- as
costs. The aforesaid costs shall be deposited by the applicant with the Legal
Services Authority, Punjab, within one month from today.
CM stands disposed of in the aforesaid terms.
( J.S. Khehar )
Judge
( Jasbir Singh )
Judge
(Ajay Kumar Mittal)
07.08.2009 Judge
sk.
