Tuesday, August 18, 2009

Chidambaram Natarajar case: Swamy submits arguments

By Gopal Ethiraj, Chennai

CHENNAI, 18 August (asiantribune.com): Dr. Subramanian Swamy, Janata Party President, today submitted his written arguments in the Madras High Court in the matter relating to an appeal in Chidambaram Sabanayagar Temple, known as Chidambaram Natarajar Temple case.

According to the direction by the division bench of the court, Swamy filed his written arguments. In his arguments, Swamy said, the Pothu Dikshidars were maintaining the ancient temple for several hundred years. The Hindu Religious and Charitable Endowment Board (HR&CE) has no right to take over the administration, he contended.

Also quoting several citations from the rulings of the high court and apex court, Swamy sought to set aside the single judge order of February 2 to uphold the HR &CE department’s notification to take over the temple administration.

The Bench comprising Mr Justice K Raviraja Pandian and Mr Justice T Raja posted the matter to tomorrow for further hearing.

Podhu Dikshidars had filed an appeal against a single Judge’s order dismissing their petition that challenged the Tamil Nadu Government’s appointment of an Executive Officer for the temple. In the appeal the Podhu Dikshidars had submitted that the single Judge had failed to see that protection under Article 26 would be available to a denomination if on the date of coming into force of the Constitution it had the right of administration of the temple.

Then Dr. Swamy had filed a petition seeking to implead himself in the case. It may be remembered, on February 17 this year, when Swamy came to the court to make a ‘mention’ he would like to implead himself in the appeal against the single Judge’s order, he was assaulted and eggs were thrown at him in a court hall in the presence of a Division Bench comprising Justices P.K.Misra (since elevated as Chief Justice of Orissa High Court) and K.Chandru. However, Swamy was directed to submit his written arguments.

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