Rashpal Samrai v Rajinder Kalia

Hearing dates: 24, 25, 28 June 2024,

Approved Judgment

This judgment was handed down remotely at 10.30am on 9 th December 2024 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

THE HONOURABLE Mr Justice Martin Spencer

Contents

Introduction

Hinduism is one of the great religions of the world. It is predominantly observed in India: a 2011 census revealed that 81% of the population (over 600 million people) identified with Hinduism. It is a religion which covers a range of traditions, with certain common themes such as belief in a cycle of reincarnation with freedom from this cycle of reincarnation being the highest purpose of life. The source of these beliefs is the Veda, a body of texts in Sanskrit comprising divine revelation containing hymns to gods and verses (or “mantras”) which may be recited at religious ceremonies.

The three major streams of tradition focus on the gods Vishnu, Shiva, and the Goddess. Smaller sects based around lesser deities are permitted: these are often based on a local deity who has become identified with one of the major gods. One such sect, originating in the Punjab, is the Baba Balak Nath tradition, a sub-branch of Shaivism. This is especially found in the Punjab and Haryana areas of north-eastern India and the main shrine is in Himachal Pradesh. This tradition is of a Brahmin cowherd boy (balak) – he is often portrayed as feeding cattle — who committed himself to a life of asceticism. He is said to have performed miracles. He is believed to be the eldest son of Shiva. He lived in a cave where he kept a lamp burning and according to local tradition he walled himself up and lives there still. The cave, which was referred to during the trial as the “Guffa”, is the site of the main shrine to Baba Balak Nath at Shah Talai in Himachal Pradesh and is a place of pilgrimage for followers of Baba Balak Nath, pilgrimage being an important part of Hinduism.

There are a number of Temples (or “mandirs”) to Baba Balak Nath in the Punjab and Haryana areas, being the principal places of worship. Generally, within Hinduism, worship (or Puja) is traditionally individual in the sense that a person or family will go to the Temple and make an offering (food or money) to the image of the deity – in this case Baba Balak Nath. The food is thereby blessed and distributed to the community as blessed food embodying the grace of God. Puja is essentially making an offering to the deity and receiving a blessing in the form of blessed food. The Temple is the house of the god and worship is performed with “bhakti” or devotion.

There are three further concepts of Hinduism which have featured significantly in this case, and need to be described: the guru, seva and Naam.

The Guru

Gurus are teachers and spiritual advisers. Whilst some traditions hold the guru in very high regard as being an embodiment of God, in other traditions the guru may simply be an intermediary between the community and the particular deity in a Temple. In the case of the Baba Balak Nath tradition, the guru or priest is not regarded as God but as a servant of God and spiritual guide. Gurus may be Renouncers (Hindus who have given up the householder's life to seek salvation or liberation, who wear ochre robes, carry a staff, traditionally have very few possessions and are often regarded as possessing supernatural power, gained by asceticism) or Householders (Grihastha) who pursue the first three goals of life: duty, wealth and pleasure. The Defendant undoubtedly falls into the latter category.

Seva

Seva means service. It means anything done in the service of the Temple, community, or guru. It might involve money donation or time donation in the sense of giving over time to a building project or administrative service. Seva is service and so not paid employment. There are variable expectations of a community regarding how much seva it provides.

Naam

Naam is a ceremony, equated by some witnesses in the trial to baptism, whereby a follower of Baba Balak Nath is given a set of prayers by the priest or guru that they can repeat in the early morning for the rest of their life. As with baptism, Naam can be given to a minor in the presence of his or her parents and it is a form of initiation whereby the person is welcomed into the Temple and as a follower of Baba Balak Nath. In the course of his evidence, it was put to the Defendant that one of the key features of being a member of the Coventry Temple was the Naam ceremony, which was held up as something that particularly devout, enthusiastic members of the congregation would undertake. The Defendant, in his answer, purported to distance himself from the Naam ceremonies, stating “It's their feeling and it is up to them. It's their feeling. It has nothing to do with me.” However, I do not accept this answer. The court – and the Defendant – were shown a video clip from a Naam ceremony on 19 November 1995 which included the Third and Fourth Claimants being given Naam (along with others) when aged 7 and 5 respectively. The Defendant has a garland hung round his neck by each of the recipients of Naam who also bow down at his feet and it seems clear that, far from having nothing to do with the Defendant, he is closely involved. In addition, there was evidence that people would celebrate the anniversary of their Naam at the Temple with the Defendant, bringing the Defendant cakes. Thus, the court was shown a photograph of a Naam anniversary cake with the words in icing “Happy Naam Anniversary, with all our love Guru Ji, from your children.” Shown this, the Defendant responded “It's up to them, whatever they wish. It's nothing to do with me. They can write whatever they wish” but, again, I felt that this answer was disingenuous: the evidence showed that Naam is regarded as a significant moment and ceremony at the Temple, lavishly celebrated at the time and commemorated on its anniversary, and that the Defendant played a full part in both the ceremony and in accepting anniversary gifts, thereby indicating his own significant part.

With immigration of Indians to the United Kingdom over the years, it is natural that they should have brought their religion with them and, if they originate from the area of India that follows Baba Balak Nath, that particular branch of Hinduism or Shaivism. Many of these families are affiliated to family homes back in India which might be homes for the wider extended family, both those who have emigrated abroad and those who have stayed behind. The family home would be the destination for British Indians returning to India on holiday and, indeed, on pilgrimage. Individuals or families worshipping at a particular Temple in England might, as was described in this case, travel together to their family homes which might be in close proximity to each other and in close proximity to the Temple where they worship their god in India. Such journeys, particularly if combined with a pilgrimage, might also be made, and indeed led, by the priest of the Temple in England.

The claims in this case arise from allegations of...