HC raps HR&CE

The Madras High Court today rapped the Hindu Religious and Charitable Endowments department over its reluctance in involving UNESCO in renovation of temples in Tamil Nadu.

The court had earlier observed that it found the department's stand prima facie "subversive" of its orders and directed the HR&CE Commissioner to be present in court today.

The Commissioner, who was present, submitted his apology to the First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar.

While referring to a correspondence made by the Commissioner to UNESCO, the Chief Justice said, "If I put myself in his place, I would have welcomed the help and expertise offered by the UNESCO. The intent of the person who is at the helm of the affairs clearly shows that he is not interested in welcoming UNESCO. If this is his attitude, he must be unsuitable for the post."
 

In a letter dated December 19, 2016 to UNESCO on renovation of temples, the HR&CE had said as per the custom prevailing in the state, except for the 'Poojaris' ( and 'Archakas' (priests), nobody is allowed to enter the sanctum sanctorum of shrines and authorities cannot violate the practice.

When the Commissioner submitted his apology, the bench said, "The need of the hour is not that the mindset has to be changed. If there are any religious issues, you could handle it and take UNESCO's expertise in architectural issues. The letter must be withdrawn."

"We also find the affidavit filed by the Commissioner, HR&CE, a clear unwelcome indication to the UNESCO. We are of the view that the stand taken by the department needs to be rejected in toto and amelioration be made of the same by filing a proper affidavit before this court."

The Advocate General assured the court that the letter dated December 19, 2016 written by HR&CE to UNESCO preventing it from participating in the matters relating to renovation of temples would be withdrawn.

Recording the assurance, the bench said: "We have heard the Advocate General who assured that explicitly the letter dated 19.12.2016 shall be withdrawn in toto and the UNESCO would be assured that they are going to be welcomed to perform their tasks which they proposed to do."

"If their visit to 'Sanctum Sanctorum' for religious reasons may not be feasible, they can always be informed of the same at that stage of time. It would be indicated in writing to the UNESCO that the workshop to be conducted by the UNESCO would be welcomed."

The bench then posted the matter for further hearing on January 12, 2017.