Maharaj v Eastern Media Group Ltd and Another
| Jurisdiction | England & Wales |
| Judge | MR. JUSTICE EADY |
| Judgment Date | 17 May 2010 |
| Neutral Citation | [2010] EWHC 1294 (QB) |
| Court | Queen's Bench Division |
| Date | 17 May 2010 |
| Docket Number | No. HQ07X03594 |
[2010] EWHC 1294 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Before: Mr. Justice Eady
No. HQ07X03594
Mr. A. Newman QC And Mr. J. Crystal (instructed by Ford & Warren, Leeds) appeared on behalf of the Claimant.
Mr. M. Hill QC And Mr. H. Spooner (instructed by Sahota) appeared on behalf of the Second Defendant.
The Claimant in these proceedings has the title “His Holiness Sant Baba Jeet Singh Ji Maharaj”. As I understand it, he lives in India and has never been to England. I understand that he does not speak much English and the proposal is that he should give evidence via videolink and through an interpreter.
There has been no jurisdictional challenge, no doubt because the words complained of were published here, in the Sikh Times dated the 23 rd August 2007.
The first defendant was the publisher and the second defendant the author of the article in question, which was published on page 15 of that issue under the heading, “Cult divides Sikh congregation in High Wycombe”. It is said to be damaging to the Claimant's reputation in this jurisdiction and particularly among the various Sikh communities in this country. I understand that there are several hundred thousand followers of the religion here, of whom it is likely that many will know of the Claimant and of the controversy that forms the subject matter of this article.
Now, on what is intended to be the first day of the trial, a preliminary issue has to be resolved on the second defendant's application to stay the claim, either wholly or in part, as being non-justiciable. (The application notice makes reference to striking out the pleading but it matters not substantively.)
That issue was pleaded in the defence on 16 th November 2007 and is founded on the well-known principle of English law to the effect that the courts will not attempt to rule upon doctrinal issues or intervene in the regulation or governance of religious groups. That is partly because the courts are secular and stand back from religious issues while according respect to the rights of those who are adherents or worshippers in any such grouping. It is also partly because such disputes as arise between the followers of any given religious faith are often likely to involve doctrines or beliefs which do not readily lend themselves to the sort of resolution which is the normal function of a judicial tribunal. They may involve questions of faith or doctrinal opinion which cannot be finally determined by the methodology regularly brought to bear on conflicts of factual and expert evidence. Thus it can be seen to be partly a matter of a self-denying ordinance, applied as a matter of public policy, and partly a question of simply recognising the natural and inevitable limitations upon the judicial function.
It is obviously desirable that any such challenge should be made at an early stage in the litigation concerned. Here the issue could have been raised no doubt at any time in the last two and a half years but, whenever it is made, the court will need to examine the issues as they stand in the light of the parties’ respective pleaded cases. It must be a specific inquiry to be made on the facts. It is not simply a question of general impression. In particular, it seems that the judge will need to identify all the issues that the pleadings throw up for resolution and to decide whether they fall within the doctrine of judicial abstention to which I have referred. If that turns out to be the case, in so far as there may be questions of pure fact which taken by themselves could readily be determined by the court in the usual way, it will be necessary to decide whether that process should go ahead despite the exclusion of primary doctrinal or other religious issues. To go ahead in such circumstances may be disproportionate or distort the true extent of the parties’ conflict. Here, for example, it is possible to resolve some questions that can be expressed in purely factual terms. On the other hand, if Mr. Hill QC, appearing for the second Defendant, is correct in his submission that some major questions should be excluded from the court's consideration, it may transpire that the residue or rump of purely factual questions are incidental or peripheral to the primary conflict. They may have become so isolated from their true context that there would be no point in the court going on to resolve them. These are the sort of questions that arise and I should now turn to the words complained of themselves.
I have already referred to the title of the article. It is in these terms:
“Recently a division due to the influence of an accused Cult leader called Jeet Singh has disturbed the peace in the Sikh community in High Wycombe, Buckinghamshire. The police and local MP are aware of the situation and have offered considerable support in finding an appropriate resolution to the crisis.
The Gurdwara ‘Sikh Temple’ was set up in 1991 by members of the Sikh community with the hope to join the local Sikh congregation and work to provide religious services and guidance for the community members. Wycombe is one of 3 affiliated Gurdwara's which was set up with the blessings of a Holy Saint Sant Baba Gian Singh Maharaj from Gurdwara Nirmal Kutia in Johla, Jullunder, Panjab.
The Origin of the lineage of true Saints from this ecclesiastical institution began with a man called Sant Baba Karam Singh from Hoti Mardan (1826–1903). Upon the dissolution of the Sikh army after the annexation of the Punjab to British India in 1849, Karam Singh joined the Corps of Guides which had been raised by the British in the Sutlej territory in 1846 to defend British interests in the region against the formidable Pashtun/Afghan tribesman, and which was later reorganised as the 5 th (Guides) Battalion of the 12 th Frontier Force Regiment, with Mardan near Peshawar.
During the famous ‘Sepoy Mutiny’ in 1857 Karam Singh along with his regiment, the ‘Guides’ helped the British defeat the mutineers in the British India forces in the Historic battle for Delhi on the 20 th of September 1857. He later took official leave from his services to the British army and spent many years in solitude and deep meditation.
The fifth and present successor to Karam Singh the Historical Saint Soldier figure, is Sant Baba Roshan Singh who has set up Hospitals and Schools for the poor in the Panjab and is working to tackle deprivation and social/Health inequalities in the state.
The current conflict effecting Wycombe's Sikh community started in 2003 when the last of the lineage of Saints in the Gurudwara Nirmal Kutia, Jullunder passed away, without inaugurating a ‘legally appointed successor’ to the assets and position as head authoritarian of Nirmal Kutia.
In Wycombe, the catalyst for the division is the split over the allegiance to the cult leader who is currently contesting his claim over successorship to Nirmal Kutia in the Indian High courts, the matter is still pending.
Cults are by no means a new phenomenon affecting the Sikhs globally and Jeet Singh is one of several high profile accused Cultists who are causing difficulties for the community worldwide.
He has asserted that the place known as Gurudwara Nirmal Kutia, India is not in fact a Sikh Gurudwara at which an offertory is maintained. It has been stated that Nirmal Kutia is a ‘Dera’ (abode or residence) of Jeet Singh and any offerings made there are offerings made to him personally.
Only last month July 24 in Sirsa, district of Haryana, Six persons were injured when a Dera Sacha Sauda (cult) follower fired at Sikhs in a village in Sirsa district of Haryana, leading to tension in the area. According to official sources in Chandigarh, the six persons, belonging to Sikh community, had received minor injuries on their legs after the shooting incident in Mallewala village, about 10 kms from Sirsa, and were treated in a local hospital.
The area was tense following the stand off between the Cult followers and members of the Sikh community after the recent alleged blasphemous act of the Cult Chief Sant Gurmit Ram Rahim Singh following his appearance in dress similar to that of 10 th Guru, Guru Gobind Singh.
Colonel GS Sandhu, Chairman of a Non Governmental organisation and Human Rights front called ‘Aapna Panjab’ www.aapnapunjab.org, is alarmed by the increase in Cultist activities in India,
‘Simple Sikh men and women are being exploited by some of the ever increasing numbers of so-called sants and babas who have established dera's (cults) where many have sexually exploited and abused the women followers.’
He stated that the Sikh community needs to be aware of the nefarious activities of these anti-panthic (religious) people. He exhorted the Sikhs all over the world to seek the guidance and follow the teaching of only Sri Guru Granth Sahib and not from these self styled Babas. He gave examples of three such Bababs ‘Johlanwala Babu’‘Ram Rahim Singh’ and finally the Mann Singh of Pehowa and the latters exploitation of followers.
The Management Committee and Trustees of an affiliate Gurdwara to Wycombe, APDD Birmingham, Oldbury are fully aware of the APDD Wycombe situation which has also had a detrimental impact on their congregation, trustees and fellow management committee members.
In Oldbury, Birmingham the Cult leader attempted to even go as far as producing counterfeit trust deeds with an Attorney from India and remove the incumbent trustees and management committee in order to take over. These aggressive tactics and underhand operations...
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