New Delhi (TIP): People cannot be denied their right to carry out commercial activity on temple premises just because they are not Hindus, the Supreme Court observed on Friday, Dec 17, directing the Andhra Pradesh government to grant licence and lease for shops to non-Hindus as well at Srisailam’s Sri Bhramaramba Mallikarjuna Swamy Varla Devasthanam in the state’s Kurnool district. The court, in its brief order, clarified that any other order passed by the Andhra Pradesh high court against grant of licence or lease to non-Hindus shall cease to operate against the state government and the Devasthanam management.

“We direct that none of the tenants or shop owners shall be excluded from participating in the auction or in the grant of leases, including in the shopping complex, solely on the ground of their religion,” ordered a bench of justices Dhananjaya Y Chandrachud and AS Bopanna.

The bench, during the hearing, also expressed displeasure at the state government’s order which maintained that “no person professing other than Hinduism as his religion is entitled to obtain lease or licence either to tender-cum-public auction of the shops, malls, etc coming under the jurisdiction of AP Charitable and Hindu Religious Institution and Endowments Act, 1987.”

“It is one thing to say that you cannot have a liquor shop or anything like this in a temple premises but to say that non-Hindus cannot conduct any commercial activity is too far-fetched. How can you say that a non-Hindu cannot even sell flowers or toys there? If the need arise, we will set aside such judgments,” the bench told senior advocate CS Vaidyanathan, who appeared for the YS Jaganmohan Reddy-led government.

Vaidyanathan, on his part, said the temple at Srisailam is governed by statutory enactment, empowering the government to frame rules for employment in the temple as well as for regulating other ancillary activities there. “If that is the case, your rules will be in violation of Part III of the Constitution (the chapter on fundamental rights). No, we cannot allow this. We will say you will make allotments to all irrespective of their religion,” retorted the bench.      Source: HT