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no right of entry in this templ. 11 Hindus have not that right established either by law or custom or usage.
There is one other point that arises on this petition and that is the action takon by the Collector of Sholapur in this matter, We are quite prepared to concode that the Collector acted out of the best of motive, and in the Interest of a cause which is a very worthy and deserving cause, but it seems to us that the action taken by him was not fully justified by law. What he did was that at the instance of the Harijans who insisted upon their right to enter this tomple, he ordered the removal of the lock placed on the door of the temple the Jains. It sooms to us that the only right that he has got in law is the right conferred upon him by soc., 4 of the Act. That section provides that whoever pravonts a Marijan from exercising any right conferred by this Act, or molostrs or obstructs or causes or attempts to cause obstruction to a Harijan in the exercise of any such rights, shall, on conviction, be punishable in a particular, way. Therefore, 1r the Collector of Sholapur 18 satisfied, in the light of our judgment and in the light of the interpretation and construction we have put upon this Act, that Hindus had the right by law or quaton to entor this Jain tomple at Akluj, then it would be perfectly competent to him to order a prosecution of any Jain who is depriving the Harijans of the right conferred upon them under the Act. But apart from the right to prosecuto the Jains under soc. 4, 1t saons to us that the Collector had no right to compel the Jains to break open the lock or to assist the Hari Jans in entering the temple. If the view of the Collector 1s that there 19 a custom whtan entitled Hindus to enter this temple, ir the view of the Jains is that there is no such custom, the proper forum for determining this disputed question of fact would be a Court of law, and if the Collector prosecutes the Jains then this issue will come up beforo the Court and the Court
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| SR No. | 003601 |
| Book Title | Charitra Chakravarti |
| Original Sutra Author | N/A |
| Author | Sumeruchand Diwakar Shastri |
| Publisher | Bharat Varshiya Digambar Jain Mahasabha |
| Publication Year | 2006 |
| Total Pages | 772 |
| Language | Hindi |
| Classification | Book_Devnagari |
| File Size | 18 MB |