Excelsior Correspondent
JAMMU, June 3: High Court, while disposing of the petition challenging formalities for organizing free langer during Amarnath Yatra, has observed that the controversy raised by the petitioner can be set at rest by providing that such of the organizations which have been set up in the year 2020 onwards shall make a representation to the respondent Board for permitting them to run Langar Services without insisting for audited balance sheets for the financial year 2018-2019, 2019-2020 and 2020-2021, as a one-time exception.
In the petition filed by Shri Amarnath Barfani Langars Organization it was submitted that the respondents vide circular No.SASB/2020/983 dated 06.08.2020, have seriously impacted the right of the petitioner to form an association and deal with the respondent Board, which is violative of Article 19(1)(c) of the Constitution of India.
“The respondents, in terms of various communications inviting offers dated 19th of January, 2021, have insisted for audited balance sheet of the Langar Organization/NGO signed by Chartered Accountants for the financial year 2018-2019, 2019-2020 and 2020-2021, as a result whereof the new NGO/LO has been held disentitled to organize langars”, the petition said.
After hearing Advocate Ankur Sharma for the petitioner whereas Advocate Anuj Dewan Raina for the Amarnath Shrine Board, Justice Sanjeev Kumar observed, “Anuj Dewan Raina, counsel for the respondents, has filed objections and is on record to state that the impugned circular is not intended to impose any restriction on the activities of the petitioner association nor it could be construed, by any stretch of reasoning, to be a restriction on the petitioner to form an association”.
“It is submitted that the petitioner association is free to deal with the Board on the issues which affect all the Langer Organizations/NGOs but it has to desist from raising the individual disputes of the Langar Organizations/Samities”, Justice Kumar observed, adding “the court do not find any illegality or unconstitutionality in the impugned circular”.
“A holistic reading of the circular impugned would make it abundantly clear that the respondent Board has only provided that the individual dispute or grievance of an NGO/Langar Organization shall be raised by the Organization/Samiti concerned and the petitioner association shall not file representations on behalf of such aggrieved Organization/Samiti seeking to organize Langer enroute Shri Amarnath Ji Shrine”, the High Court said.
High Court further observed that the apprehension of the petitioner that it may not be permitted by the respondent Board to take up general causes or grievances which are common to all the Langar Organizations/ Samities is not well-founded.
To allay such apprehension, Court found it appropriate to clarify that while the petitioner association shall be free to make representation(s) or raise issues which are common to organization of langars enroute Shri Amar Nath Ji shrine. However, it shall be for the concerned Langar Organization/Samiti to raise individual disputes, make grievances or submit representation(s) to the Shrine Board without involving the petitioner association.
“The role of the petitioner association shall be limited and restricted to dealing with the Shrine Board only on the matters which pertain generally to the common issues of organization of langars by different Langar Organizations/Samities enroute Shri Amar Nath Ji Shrine. This takes care of the first grievance of the petitioner”, High Court said.
Justice Sanjeev Kumar further said, “I am of the view that the controversy raised by the petitioner can be set at rest by providing that such of the organizations which have been set up in the year 2020 onwards shall make a representation to the respondent Board for permitting them to run Langar Services without insisting for audited balance sheets for the financial year 2018-2019, 2019-2020 and 2020-2021, as a one-time exception”.
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