CHANDIGARH: Digging in its heels over the creation of a separate HSGPC, the Haryana government today said that those against it can move court even as the Centre asked the Haryana governor to withdraw the assent granted to a bill in this regard.
“In case anyone has an objection, he can challenge it in the Court of law. The court would see whether it is legal and deliver its verdict,” Haryana Chief Secretary S C Choudhary said in a statement.
The Haryana government’s reaction came hours after the Union Home Secretary Anil Goswami in its letter to Choudhary said the bill passed by the state assembly has “no legal effect” and be withdrawn before any further complications arise.
“As the Governor has already given his assent to the bill, he cannot withdraw it after it has become a Law. A notification for Haryana Sikh Gurdwara (Management) Bill 2014, has already been issued, thus completing the legislative process,” he said.
He said that legal opinion was sought to pass the Bill and thereafter it was tabled in the state assembly.
Choudhary said “the Union Home Secretary almost stated his decision in his letter that the Bill is not as per the law and therefore, the state government should urge the Governor to withdraw it.”
Choudhary said the Bill was passed after threadbare discussion in the assembly and thereafter the Governor gave his assent.
“It was only after that a notification was issued,” he said. While expressing surprise over the Union Home Ministry’s letter, the chief secretary said that it was not within his powers to return the Bill to the Governor when it has already been passed by the state assembly.
He also refereed to a Karnataka High Court verdict which stated that if Governor approves a Bill or an Act, it cannot be withdrawn.
“However for reconsideration, the Bill can again be tabled in the state assembly and sent to the Governor,” he said.
The Chief Secretary said the state government was keeping an eye on the prevailing situation and law and order would be maintained in the areas around gurdwaras in the state.
Punjab government has been maintaining that the Amritsar-based SGPC which manages the Sikh shrines of both the states, was formed under the Central Gurdwara Act, 1925, during the British regime and Haryana has no legal authority to enact a law to create a separate body.
Punjab Chief Minister Parkash Singh Badal is camping in New Delhi to press the Centre against Haryana government’s decision in this regard.–PTI
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