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The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela held, “Courts do not have the knowledge or the capability to venture into the questions of policy and take over the function of the legislature/executive”.
The Delhi High Court, recently, dismissed a writ petition filed by Sanatan Hindu Sewa Sangh Trust seeking directions to establish a Sanatan Dharm Raksha Board to safeguard the rights and customs of Sanatan Dharma followers.
Advocate Ashok Kumar, for the petitioner, argued that no dedicated religious body existed to protect the customs and rights of individuals adhering to Sanatan Dharma. It was further contended that followers of this faith were allegedly being subjected to attacks by members of other religious groups. Despite submitting a formal representation to the Government of India, the petitioner claimed to have received no response.
Upon reviewing the matter, the court observed that such issues fall under the policy domain of the legislature and executive. It emphasized that courts while exercising writ jurisdiction, lacked the expertise or authority to intervene in policy-related decisions or direct the government on such matters. The judiciary, the court noted, is not positioned to assume the role of the legislative or executive branches.
Consequently, the writ petition was dismissed, with the court granting the petitioner the liberty to submit a representation to the government as per the established legal framework.
For Petitioner: Advocates Ashok Kumar, Kamal Chauhan, Deepak Chauhan and Pooja ChauhanFor Respondent: Standing Counsel Monika Arora, Government Pleader Rashi Mangal with Advocates Subhrodeep Saha and Radhika KurdukarCase Title: Sanatan Hindu Sewa Sangh Trust v Union Of India (W.P.(C) 16386/2024)
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