The Supreme Court on Monday dismissed a petition challenging a Chhattisgarh High Court judgement from October, which said that hoardings restricting the entry of pastors and “converted Christians” that had been put up in eight villages of the state’s Kanker district were not “unconstitutional”, reported Live Law.
On October 28, a High Court bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru ruled that the hoardings appeared to have been installed “as a precautionary measure to protect the interest of indigenous tribes and local cultural heritage”.
The court was hearing a petition filed by a resident of the district, Digbal Tandi, who argued that the signs amounted to segregation and discrimination against members of the Christian community.
The list of villages in the petition are Kudal, Parvi, Junwani, Ghota, Ghotiya, Havechur, Musurputta and Sulangi.
On Monday, a Supreme Court bench of Justices Vikram Nath and Sandeep Mehta declined to interfere with the High Court order, saying that it granted liberty to the petitioners to approach the statutory authority under the state Panchayat Upbandh (Anusuchit Kshetron par Vistar) Niyam, or PESA Rules, reported The Indian Express.
Appearing for the state, Solicitor General Tushar Mehta submitted that the plea before the High Court was limited. But before the Supreme Court, several new facts and dimensions had been added, and the High Court could be approached again, Live Law reported.
Advocate Colin Gonsalves, representing the petitioners, argued that the High Court had made observations on missionary activities in Adivasi areas without material on record. He questioned why the petitioners should approach the gram sabha or any other authorities, Live Law reported.
Gonsalves referred to other matters pending before the court, including cases concerning around 700 alleged attacks on pastors during prayer meetings and disputes over the burial of Adivasis who had converted to Christianity. He also claimed that there had not been a single conviction in a religious conversion case in Chhattisgarh in the past 10 years.
“You should have approached the appropriate authority under the Rules… they would have examined the matter on affidavits, on material, on evidence,” Live Law quoted Nath as saying.
Also read: House churches in Chhattisgarh face an informal ban, say pastors
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