HP High Court Directs Heritage Committee to Inspect the Heritage Kanlog Cemetery in Shimla and File the Status Report in the Matter Before May 31

: Category: Latest; Published: 18 May 2023

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View of the Kanlog Cemetery in Shimla, Himachal

SHIMLA: The High Court of Himachal Pradesh today has directed the Heritage Committee constituted by the Government of Himachal Pradesh, to conduct a joint inspection of the heritage cemetery at Kanlog, Shimla and file a status report with regard to the violation of the interim development plan, in a matter pertaining to alleged destruction of this historical heritage site.

The Committee shall also point out the violations, if any, of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The Division Bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh, passed this order on a petition filed by the local residents alleging therein the destruction of Kanlog Cemetery.

The petitioners have alleged that they are deeply disturbed by the ongoing devastation of this sacred location.

The petitioners have contended that Kanlog Cemetery is one of the oldest cemeteries in the country with its earlier graves dating back to 1850.

This final resting place of both Christians and Parsis has immense national significance and holds the memories of numerous important individuals throughout history.

According to the petitioners the cemetery was intended to be preserved and maintained as a prime heritage and historical site. However, instead of honouring its historical value, the cemetery has fallen victim of unauthorized activities in recent years.

It has been further alleged that the Poster and his trust assumed the responsibility of cemetery’s maintenance but private interests have taken precedence over preservation efforts.

The large scale unauthorized construction has marred the site’s original integrity. It has been alleged that this heritage site’s character has been tampered with by dismantling its historic gates and fences.

These precious features have been replaced with unsightly metal sheets and obstructing visibility.

The Court has directed that no construction shall be raised at the site in question and no car shall be parked at the heritage site.

No person, authority or persons, shall organize any private/religious function(s) in the cemetery till further orders.

The Secretary, District Legal Services Authority, Shimla has been directed to personally visit the site and ensure due compliance of the orders of High Court and submit status report before the next date of hearing i.e. 31.05.2023.

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Sword of Uncertainty Over Six CPSs’ Fate Temporarily Lifted: Relief for Sukhu Government

In a major relief to the Himachal Pradesh government, the Supreme Court has stayed the High Court’s directive to initiate disqualification proceedings against six MLAs who were appointed as Chief Parliamentary Secretaries (CPSs).

This decision, welcomed by Chief Minister Thakur Sukhvinder Singh Sukhu, has brought a temporary reprieve to his administration, which was grappling with the political and legal ramifications of the High Court’s order.

The Himachal Pradesh High Court had earlier quashed the appointments of the six CPSs, deeming them unconstitutional, and directed the Assembly Speaker to initiate disqualification proceedings under the anti-defection law.

However, the Supreme Court’s stay has effectively paused the implementation of this directive, offering the government some breathing space to strategize its next legal move.

CM Sukhu Hails Supreme Court’s Clarity

Speaking to media persons in New Delhi, CM Sukhu expressed his satisfaction with the Supreme Court’s interpretation, which he said provided much-needed clarity on the matter.

"The relief granted by the Supreme Court is significant, and we will deliberate on the next steps after considering all legal aspects,” he said.

The Chief Minister also emphasized that the apex court’s interpretation differed from paragraph 50 of the High Court’s verdict, which had been the basis of the controversial directive.

Opposition’s “Childish” Behavior Criticized

Shifting his focus to the opposition, Sukhu took a sharp jab at their tactics, describing their behavior as “childish” and lacking focus on real issues.

“There are no controversies here, but their behavior is simply immature. From toilet tax to ‘Samosa Politics,’ they are just distracting from the real issues,” he said.

Sukhu accused the opposition BJP of attempting to create diversions because of its failure to make a dent in the Congress’s strength during the Vidhan Sabha elections.

“Their ‘Operation Lotus’ was decisively rejected by the people, and Congress retained its 40-seat strength. Now, they resort to personal attacks to divert attention from our welfare schemes,” he added.

Relief Amid Mounting Challenges

The Supreme Court’s stay on the High Court’s order has momentarily eased the pressure on the Sukhu government, but the sword of uncertainty continues to hang over the six MLAs who served as CPSs.

With questions around their appointments still unresolved, the case remains a legal minefield.

The CPS appointments had drawn criticism for allegedly violating constitutional provisions, which prohibit the creation of such posts without legislative backing.

The High Court’s scathing remarks and the directive for disqualification had added fuel to the controversy, creating a storm in the state’s political landscape.

While the Supreme Court’s intervention provides temporary relief, the Sukhu government must now prepare for a protracted legal battle to defend the appointments and protect its legislative majority.

Opposition’s Counterattacks

The BJP, meanwhile, has been quick to pounce on the issue, accusing the government of flouting constitutional norms for political convenience. Party leaders have argued that the CPS appointments were a backdoor way to reward loyalists, a claim that Sukhu has staunchly denied.

The opposition’s attacks, combined with the ongoing legal scrutiny, highlight the precarious nature of the government’s position. For now, the Supreme Court’s decision is a welcome pause, but the final word on the matter could still have far-reaching consequences for the political stability of Himachal Pradesh.

Sukhu’s Call for Responsibility

Amid the controversy, Sukhu reiterated his commitment to governance and welfare. He called on the opposition to act responsibly and raise issues that matter to the common man.

“Significant progress has been made in improving the socio-economic status of the underprivileged during this tenure, and that remains our priority,” he stated.

With the legal wrangling far from over, the fate of the six CPSs—and the stability of the Sukhu government—remains inextricably tied to the unfolding courtroom drama.

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HP High Court Directs Heritage Committee to Inspect the Heritage Kanlog Cemetery in Shimla and File the Status Report in the Matter Before May 31

The Committee shall also point out the violations, if any, of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

It has been further alleged that the Poster and his trust assumed the responsibility of cemetery’s maintenance but private interests have taken precedence over preservation efforts.

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