Thread by @lawbarandbench

#MadrasHighCourt hears PILs challenging Tamil Nadu govt's Gold monetization scheme which was announced in the Legislative Assembly recently, whereby unutilised #temple jewellery was proposed to be melted into gold bars.

Advocate Niranjan Rajagopalan informs that there are three Writ petitions. Argues that the administration of every Hindu religious institution should be done by trustees.

#MadrasHighCourt

CJ: First of all ... everything that is announced in the Assembly does not become effective. It becomes effective only when notification is issued. Has any notification been issued?

#MadrasHighCourt

Adv Rajagopalan submits that a circular was issued by the HR&CE commissioner to implement the assembly announcement.

#MadrasHighCourt

CJ: You are saying this is not a lawful direction that can be issued by the Govt?

Adv Rajagopalan says yes, it can appoint trustees, fit persons, etc., but it cannot order how religious institutions are to be run, it can frame rules.

#MadrasHighCourt

Adv Rajagopalan refers to the policy behind the management of jewels by trustees.

CJ (reads): The commissioner shall issue such instructions to the trustee as may be necessary for the preservation of (jewels) ...

#MadrasHighCourt

Court notes that the gold proposed to be melted is unutilised gold or items other than those required, notes that Commissioner can give instructions acc to Rules, asks what is the issue.

#MadrasHighCourt

Adv Rajagoplan responds: One, it is not strictly preservation. Preservation is in the same form. The Rules says it cannot be "repaired" or "altered"

CJ says that the Rule does not prohibit the activity but restricts it unless Commissioner grants permission.

#MadrasHighCourt

Adv Rajagopalan adds that it is up to the Trustees to decide on the issue, points out that most temples do not have trustees.

CJ: Let us not mix issues. (There being no trustees) and State being at default, there can be no doubt.

#MadrasHighCourt

Court adds that a related case came up yesterday, and it was informed that advertisements have been issued for appoitnment of trustees to temples. The matter is due to appear in the first week of December.

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CJ: But on your own showing, on the basis of these Rules... Here commissioner is issuing the instruction and it is a reasonable instruction.

#MadrasHighCourt

Advocate J Sai Deepak appears for the petitioners.

Rule 13 specifically deals with sale and melting of gold. Trustees shall not melt jewel or valuable without sanction - the process is to initiate the process, Adv Deepak argues

@jsaideepak

#MadrasHighCourt

CJ: Not at all, under Rule 12, Commissioner can do it on its own. The Commissioner may do it suo motu or a Trustee may seek permission under Rule 13 ... The Rules have not been challenged, these rules have been there for a considerable period of time.

#MadrasHighCourt

Deepak: It is my case that I don't need to challenge these rules. Rule 13 has to be given its due where the trustee can set the ball rolling. The interpretation being set forth by your Lordship may not agree well with the structure of the rest of the legislation

#MadrasHighCourt

CJ: We prima facie don't find any need to interdict at the moment. But naturally, we have to consider. We are not throwing you out altogether.

#MadrasHighCourt

CJ: Tell us something, what is the immediate urgency for any interim order? What is the prejudice that would be caused? That is a different kettle of fish.

#MadrasHighCourt

Adv J Sai Deepak informs that the announcement in the legislative assembly has led to a note being circulated, he is not referring to the executive announcement.

Deepak: Specifically, Gold is mentioned under item 4 of the 101 announcements.

#MadrasHighCourt

Adv Deepak: The speed with which the govt seems to be moving appears to be moving towards rendering the writ petition infructuous before the next date of hearing.

@jsaideepak

#MadrasHighCourt #TempleGold #HinduTemples

Adv Deepak adds that even if the Court grants a short date, it is likely that the HR&CE Department would take at least one extension before filing a response and "the horses would have bolted from the stables" by the time the case is heard next.

#MadrasHighCourt #TempleGold

Adv Deepak: Apart from gold, they speak of using surplus funds for colleges. Four colleges have already been announced ... The speed at which they are moving, the entire writ petition may be rendered infructuous.

#MadrasHighCourt #TempleGold #HinduTemples

Senior Advocate Pradeep Sancheti argues for a petitioner raising related concerns. Says that the process is being carried out while bypassing the Trustees.

#MadrasHighCourt #TempleGold #HinduTemples

CJ to Advocate General: First put the trustees in place. Without Trustees in place, there is no check or balance to the #HRCEAct.

#MadrasHighCourt #TempleGold #HinduTemples

CJ to Advocate General: You make a statement that we will record that the melting of gold will not be carried out till such time that trustees are put in place. And then we will keep the matter with other matters.

#MadrasHighCourt #TempleGold #HinduTemples

AG R Shanmugasundaram: The notification dated Sept 9 says that it has appointed one SC judge and two former HC judges in whose presence inventories would be taken, not offerings - they are small, small jewels.

#MadrasHighCourt #TempleGold #HinduTemples

AG: The 1961 Rules were going on for a very long time. Maybe the jewelry offering may not be as much as now. They were converting into 24 carats and we have got Rs 11.5 crores as interest. It was used for benefit of temples.

#MadrasHighCourt #TempleGold #HinduTemples

AG: This (inventory) has not been done for 11 years, that is the information given. Now it is to be done in the presence of some responsible persons. And they have gone for taking inventory. This will definitely take two or three weeks time. We are not in a rush

#MadrasHighCourt

CJ: We are not stopping you from carrying the inventory. All that we are saying is that this decision (to melt gold) - every individual temple has to take a decision as to how much to melt, or monetize. That decision should not take place in the absence of trustees

#TempleGold

AG: In the place of trustees, fit persons are there. And a committee is appointed...

CJ: No, no... the authority of commissioner, fit persons is quite limited. Day-to-day decisions have to be taken by trustees.

#MadrasHighCourt #HinduTemples #TempleGold

CJ: You may be doing things fairly. But all of this is happening unilaterally. The commissioner is part of the Executive. The fit person is the nominee of the Executive. the commission has been constituted by the Executive

#MadrasHighCourt #HinduTemples #TempleGold

CJ: In all fairness, you complete the process of installing the trustees

AG: May I say this, the inventory will be taken now and the melting will be taken up after the appointment of trustees. Let it be like that. Let the inventory process go on.

#MadrasHighCourt #TempleGold

CJ: Let inventory go on. We are happy that you have members from judiciall fraternity, people with impeccable records. But decisions on melting will be taken after the trustees are appointed.

#HinduTemples #MadrasHighCourt #TempleGold

#JUSTIN: Madras High Court directs that no decision on melting or disposal of jewelry or any valuable which forms part of offerings at temples should be taken without the Trustees being first appointed to the temples.

#HinduTemples #MadrasHighCourt #TempleGold

ORDER: "It is made clear that the exercise of completing the inventory of the offerings including the jewelry and or valuables may be conducted under the aegis of the retired judges through the committees indicated by the State..."

#HinduTemples #MadrasHighCourt #TempleGold

"But no decision to melt jewelry or dispose of any valuable which forms part of offerings at relevant temples should be taken without the trustees thereat being installed pursuant to advertisements issued."

Case posted next on Dec 15

#HinduTemples #MadrasHighCourt #TempleGold