The Calcutta High Court, while setting aside an order of excommunication by the 'Gurudwara Chhota Singh Sangat,' against the petitioner, excommunicating him from the entire Agrahari Sikh community due to an alleged matrimonial dispute between the petitioner's son and his wife stated that for such innocuous reason, the extreme step of social, religious and economic excommunication unleashed on the petitioner is palpably violative of Article 21 of the Constitution.
Brief Facts:
The present petition was filed against the order of excommunication against the member of the Agrahari Sikh Community after a matrimonial dispute arose between the son of the petitioner and his wife.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that the petitioner is a member of the Agrahari Sikh Community and also the concerned Gurudwara that is, Gurudwara Chhota Sikh Sangat, which is the leading light of the said community, being the Gurudwara of the community in Calcutta. It was further argued that the fundamental right to life of the petitioner and right to live with dignity as assured under Article 21 of the Constitution of India is being blatantly violated by such action and the same be set aside by the writ court.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondents contended that respondents nos. 8 and 10 supported the decision of the said respondents on the ground that the petitioner had not responded to the said respondents’ communications and further it was argued that the daughter-in-law of the petitioner is a helpless lady having none but her brother to look after she and the brother of the said lady had complained, upon which the Gurudwara took the impugned steps against the petitioner, stating the petitioner did nothing to resolve the issue.
Observations of the court:
The court stated that at the outset, the issue of maintainability of the writ petition is required to be decided, since under normal circumstances, the status of any religious or other office is amenable to the jurisdiction of a competent civil court under Section 9 of the Code of Civil Procedure, however, the present challenge transcends the borders of mere contravention of legal right, title and interest of the petitioner and his family and transgresses into a blatant violation of the right of the petitioner to live a life of dignity, as rightly submitted by the petitioner.
It was further stated that excommunication from an entire community, not pertaining to religious persecution alone but also to the social life and relations of the petitioner is such a stringent action, which touches the normal life of a person and the right to live with dignity and the decision to excommunicate the petitioner from all facets of social life amounts to ostracization and squarely violates the petitioner’s fundamental right under Article 21 of the Constitution.
Further, it was stated that for such innocuous reasons, the extreme step of social, religious and economic excommunication unleashed on the petitioner by respondents nos. 8 to 10 is palpably violative of Articles 21 of the Constitution and respondents nos. 8 and 10 would do well not to arrogate to themselves the control of the entire Agrahari Sikh Community upon themselves in every respect, thereby usurping the powers and authority of a competent civil court.
The decision of the Court:
The court allowed the petition and directed the respondents to individually pay costs of Rs. 50,000/- each to the petitioner totalling Rs.1,50,000/- for the severe harassment and trauma suffered by the petitioner due to such patently unconstitutional act of respondent nos. 8 to 10.
Case Title: Sardar Lalu Singh vs. The State of West Bengal and Ors.
Coram: Hon’ble Mr. Justice Sabyasachi Bhattacharyya
Case No.: WPA No. 787 of 2024
Advocate for the Petitioner: Mr. Shuvasish Sengupta and Mr. Abhrajit Roy Chowdhury
Advocate for the Respondent: Mr. Anirban Ray, Sk. Md. Galib, Ms. Sujata Mukherjee
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