timesofindia.indiatimes.com

NEW DELHI, INDIA, September 20, 2006: The government’s secular credentials came in for embarrassing scrutiny on Monday with the Supreme Court interrogating the Centre on whether secularism, a basic feature of the Constitution, allowed it to grant largesse for the annual Haj pilgrimage. Though a Bench comprising Chief Justice Y. K. Sabharwal and Justices A. R. Lakshamanan and C. K. Thakker asked the uncomfortable question, which could provide fodder to opposition BJP, it granted immediate relief to the Center by staying the Allahabad High Court’s interim order restraining the government from subsidizing the Haj pilgrimage. This would mean that the nearly 100,000 of the total 100,047 Haj pilgrims would face no problem for their subsidized journey to Mecca, but a big question mark hangs over future subsidies for this annual pilgrimage to Saudi Arabia. The Bench made it clear that the stay of the August 25 order of the HC was only for the November Haj as the Center is in an advanced stage of preparations, including a series of steps having national and international repercussions. It also asked the HC to expeditiously hear and decide, preferably before next year’s Haj pilgrimage, a PIL filed by a Shiv Sena activist way back in 1995 seeking a direction to the Centre to stop subsidies for all religious pilgrimages. When solicitor general G. E. Vahanvati began arguments assailing the interim order of the HC, the Bench cited the constitutional provision mandating the government not to discriminate on the basis of religion. “What happened to this secular principle enshrined in the Constitution which the government is bound to follow? Do you subsidize travel of pilgrims to Kumbha Melas organized every six or 12 years?” asked the Bench. Vahanvati cited the examples of the annual Mansarovar and Sabarimala Yatra. He was immediately contradicted by Justice Lakshamanan, who said that he is not aware of any subsidy for the Sabarimala pilgrimage though he was in charge of the temple for some time. The Bench said providing special trains would not come under the subsidy category as the passengers pay for their travel. It asked: “The Kumbha Mela takes place once every six or 12 years. Except for making provisions for maintaining law and order and hygiene, tell us whether the Center gives concessions in terms of fares in trains or buses?”

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