SC Dismisses PIL Against PM's Ajmer Dargah Chadar Offering as 'Not Justiciable'

Observing that the reliefs sought were not justiciable, a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said that such issues could not be decided under Article 32 of the Constitution.

Advising the petitioners to pursue their pending civil suit, the CJI Surya Kant-led Bench clarified that the observations made by the apex court would have no bearing on the suit pending before a civil court in Ajmer regarding the alleged "unauthorised occupation of the Shankat Mochan Mahadev Temple by the Dargah".

The PIL had challenged the alleged practice of the Prime Minister and other constitutional authorities offering a ceremonial chadar at the Ajmer Dargah, terming it unconstitutional, arbitrary, and contrary to India's constitutional ethos.

The plea, filed by Jitender Singh and Vishnu Gupta, contended that there was no constitutional or statutory sanction authorising the Union government or its instrumentalities to extend official patronage to the shrine. It asserted that such practices undermine constitutional morality, secular governance, and national dignity.

According to the PIL, the practice of the Prime Minister offering a ceremonial chadar at the Ajmer Dargah began in 1947 and has continued ever since without any legal basis.

"The said practice has no legal basis and is purely religious in nature, whereas the office of the Prime Minister is a secular constitutional office representing the sovereignty, dignity, and neutrality of the Republic of India," the plea stated.

The petitioners have questioned the historical justification for extending state patronage, alleging that Moinuddin Chishti was "historically associated with foreign invasions led by Shahabuddin Ghori" during the 12th century.

The plea claimed that historical records indicate that he "actively assisted the invading forces of Shahabuddin Ghori during the assault on Ajmer", resulting in the capture and execution of Maharaja Prithviraj Chauhan.

The PIL had prayed that the apex court declare the practice of extending state-sponsored ceremonial honour and symbolic recognition to Khwaja Moinuddin Chishti and the Ajmer Dargah as unconstitutional. It had further sought directions to frame appropriate guidelines "strictly in tune with constitutional morality, secular governance and historical dignity of the nation," to prohibit such state-sponsored ceremonial glorification in future.

Meanwhile, on the occasion of the 814th Urs of Khwaja Moinuddin Chishti, Union Minister for Parliamentary Affairs Kiren Rijiju, on December 22, offered a 'chadar' and flowers at the Ajmer Dargah on behalf of Prime Minister Narendra Modi and the Union government. Marking the auspicious occasion, the Union Minister presented the sacred chadar at the revered shrine as a gesture of respect from the Prime Minister and the Union government. A separate chadar was also offered at the Ajmer Dargah by Lok Janshakti Party-Ram Vilas chief and Union Minister Chirag Paswan on behalf of the Central government and Prime Minister Modi.

- IANS