HC seeks Centre’s reply on PIL over kirpan, kara

New Delhi, December 4

The Delhi High Court on Tuesday sought a response from the Centre, the AAP government and the police on a PIL (public interest litigation) seeking directions to them to allow Sikhs to carry the ‘kirpan’ and the ‘kara’ in public places.

The PIL by the Delhi Sikh Gurdwara Management Committee (DSGMC) has contended that there was a violation of the fundamental right under the Constitution’s Article 25 of an 18-year-old Sikh youth, who was denied entry into the Red Fort on Independence Day this year when he went there to hear the Prime Minister’s speech as he was wearing a ‘kirpan’ and ‘kara’.

A Bench of Chief Justice Rajendra Menon and Justice VK Rao issued notices to the ministries of Home Affairs and Defence as well as the Delhi government and the police, seeking their stand on the plea by March 27, the next date of hearing.

The petition by the DSGMC has sought directions to the authorities to treat the rights of Sikhs to wear the ‘kirpan’ and ‘kara’ as part of their individual identity and part of the fundamental right to practise one’s religion under Article 25.

It has sought directions to the authorities to sensitise the security agencies and the police about the religious rights available under the Constitution to Sikhs.

It contended that Sikhs are allowed to carry the ‘kirpan’ and ‘kara’ on airplanes and sought framing of guidelines which would balance the security concerns and the enforcement of the fundamental right to profess any religion, as enshrined in the Constitution.

Central Government standing counsel Ripudaman Singh Bhardwaj, appearing for the ministries, accepted the notice and said he would file a counter affidavit before the next date of hearing. — PTI