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Karnataka HC reserves its judgment in SJM mutt case

Aug 25, 2023 01:35 AM IST

The division bench comprising chief justice Prasanna Balachandra Varale, alongside Justice MJS Kamal, presided over the extensive hearings and has reserved the final judgment

Bengaluru: The legal battle surrounding the Sri Jagadguru Murugharajendra (SJM) Mutt of Chitradurga has reached a momentous juncture as the high court concludes the hearings on the petition against a contentious decision of the state government to appoint a retired IAS officer as its administrative head.

Ex-CM Basavaraja Bommai had appointed retired IAS officer as the administrator of the Mutt on December 2022. (HT)
Ex-CM Basavaraja Bommai had appointed retired IAS officer as the administrator of the Mutt on December 2022. (HT)

The division bench comprising chief justice Prasanna Balachandra Varale, alongside Justice MJS Kamal, presided over the extensive hearings and has reserved the final judgment.

The backdrop of this case revolves around erstwhile pontiff Shivamurthy Sharan, the presbyter of Muruga Mutt, who faces charges under the Protection of Children from Sexual Offenses (Pocso) Act. He was apprehended by Chitradurga police on September 1, 2022, and is presently in judicial custody. The former chief minister, Basavaraja Bommai, appointed retired IAS officer PS Vastrad as the administrator of the Math on December 13, 2022. Vastrad officially assumed this role on December 15, 2022.

However, the appointment stirred controversy, prompting Basavaprabhu Swamiji, the interim custodian of the Mutt, and the devotees to approach the high court. Their grievance challenged the government’s decision. In response to the initial writ petition, Justice Krishna S. Dixit, a single-judge bench, nullified the appointment of the administrator in May 2022, asserting that ‘government intervention in religious institutions is unwarranted’.

Subsequently, seven petitions contesting this ruling were filed before a two-judge bench of the High Court. The bench, overseeing the appeal petition, directed the Chitradurga district and sessions judge to take on the role of the temporary administrator of the Mutt. This directive, issued on July 3, 2023, stipulated that this arrangement would persist until the final determination of the appeal.

With the conclusion of hearings and the legal arguments presented, the high court has now reserved its verdict. The judgment is pending, and stakeholders on all sides await the final pronouncement. The outcome of this case holds far-reaching implications for the governance and autonomy of religious institutions, marking a chapter that could potentially shape future precedents in the intersection of law and faith.

“We had appealed the erstwhile chief minister B Bommai to appoint an administrator for smooth functioning of math which has over five thousand employees, running more than 50 educational institutions including medical and engineering colleges ‘’ former minister G Ekanthaiah told HT.

The state appointed retired IAS officer as administrator. But few people including close aides of the accused pontiff filed petition with HC challenging the appointment of the administrator, he said. Our aim is to save the crores of rupees worth property of mutt built by thousands of devotees. Ekanthaiah advocated the appointment of an administrator for math and expressed confidence that the verdict would uphold justice.

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