"Government not nit-picking christians by seeking information of churches": Karnataka High Court refuses to stay Government decision seeking to collect info of churches

The plea stated that 'vagueness' of the impugned letter by state government seeking information of churches has escalated the level of anxiety amongst the Christian community as they are being targeted and subjected to threats, abused and harassed by fundamentalist forces.

The Karnataka High Court on Monday sought the response of the state government in a plea questioning a communication issued by the State government dated July 7 seeking to collect information about churches in the state.

However, a division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum refused to pass any interim order regarding staying the operation of the impugned letters

"There is nothing on record to show such an urgency that an interim order is to be passed at this stage."

The Court was hearing a a petition filed by People's Union For Civil Liberties.

Appearing for the petitioner, Senior Advocate Professor Ravivarma Kumar submitted that the government communications are violation of Right to Freedom of religion guaranteed under Article 25 and particularly Article 26, of the Constitution of India, which enables citizens to administer institutions.

He also questioned the rationale of the government of 'nit-picking' only Christians for this discrimination.

At this juncture, the Court opined,

"It is not Christians but it is the churches for which the data has been sought." Churches are not run by Hindus or Muslims, they are run only by Christians. This is a discrimination on the basis of religion against Christians, came the response by Advocate Kumar.

"The data has been sought by the Minority Welfare department. It can be for the welfare of minorities, the information that is collected. How can you say that in any manner it is violating your Rights?", the division bench further questioned.

Adding on to its queries, the Court asked,

"What wrong they have done by collecting the data, what wrong they have done. They have not yet done anything which may prejudice your rights."

The petition filed in this regard states that the letter dated July 7, issued by the state government (Directorate of Minorities), is devoid of reasons, amounting to discrimination and being violative of the right to privacy of a large section of the population in the state.

"The survey intends to collect data related to the churches' location, by noting down the name of the district, taluk and vidhan sabha constituency. Name of the institute and address, khata number, survey number and finally the details of the pastor/father of the church", the please adds.

It is the petitioners' case that the letter does not provide reasons or give out a purpose for collecting information on churches. Further, it was contended that the said exercise does not have any roots in law.

"The impugned letter does not explain the purpose of collecting information about churches. Neither does it explain why such information relating to only churches is being collected to the exclusion of other communities or even other minorities. The impugned letter does not mention the objective of gathering information and what purpose/rationale is behind collecting data of such nature under those specific heads. Such an exercise is not rooted in any law authorizing the respondents to collate information of such nature."

It is also said that the letter does not specify or mention the details of the concerned authority responsible for information collection, collating and processing, overseeing the use of such information and protecting the data put together by the respondents.

"The vagueness of the impugned letter has escalated the level of anxiety amongst the Christian community as they are being targeted and subjected to threats, abused and harassed by fundamentalist forces," it says.

Apart from being arbitrary and devoid of any purpose, the petition states that the impugned communication seeking to collect information about the churches is illegal, discriminatory, void, arbitrary, unconstitutional.

Therefore, the same is liable to be quashed for being violative of Articles 14 and 21 of the Constitution.

The matter will be next heard on November 11.