‘Sikh Cult' in Ayodhya judgement: HS Phoolka urges Akal Takht Jathedar to form committee of top lawyers to examine issue

JALANDHAR: When several Sikh quarters have expressed anguish at the use of the term "Sikh cult” in the Supreme Court judgement on Ayodhya dispute, senior advocate HS Phoolka has written to Akal Takht Jathedar clarifying that the term is not part of the main judgement but of the addendum but still it is important to get this term expunged for which he (Jathedar) should form a team of top lawyers of the country.
Phoolka has also urged the Jathedar to direct the SGPC to consult former SC judge Justice Kuldeep Singh, former Chief Justice of India Jagdish Singh Kehar and former Supreme Court judge Justice Harjit Singh Bedi.
“The judgment of the Constitution bench of the Supreme Court is of 929 pages. In the judgment passed by the Constitution bench there is absolutely no reference to the objectionable term ‘Sikh Cult’. Along with the judgment, there is an addendum and the judgement notes that one of the judges of the 5 judge bench of the Supreme Court has authored the addendum as an additional reasoning. This addendum is of 116 pages and is not signed by any of the judges who were members of the Constitution bench. It is to be noted that this addendum is not the judgment of the Constitution bench, but yet, attaching it with the Supreme Court judgment, accords it importance and it can be relied upon and quoted by historians and media and even by the courts," Phoolka has written to the Akal Takht jathedar.
“The term Sikh Cult has appeared in this addendum while quoting the extracts from the examination-in-chief of Rajinder Singh, who had appeared as a witness in the suit. His statement was recorded by the trial court more than 25 years ago," he has pointed out.
"In the main judgement of the Constitution bench in Para 154 and 155, the Supreme Court has clearly held that ‘the tenets of Sikhism are opposed to Idol worship’. A reading of Para 155 of the judgement would show that the court recognises Sikhism as a religion and the Guru Granth Sahib as its Guru, whereas the addendum attached to the judgment uses the derogatory term, ‘Cult’. It appears that the term may have been used unintentionally, without proper application of mind, and only repeating what the witness Rajinder Singh has said in his evidence," Phoolka’s letter to the jathedar reads.
“Be that as it may be, it is important to get this term expunged even from the addendum of the judgment. I am of the view that it would be appropriate for the SGPC to file an application before the Supreme Court to expunge these remarks," he has argued while urging the Jathedar to form a team of top lawyers.
However putting a word of caution he has said that he has been approached by many Sikh groups who want to file an application in the Supreme Court. “I am of the considered view that all Sikh groups be requested not to rush to the Supreme Court with a half-baked strategy. If the Supreme Court declines to entertain the application of any group, it will then be difficult for the SGPC to satisfy the Supreme Court on the maintainability of their application,” he added.