The Meghalaya High Court has ordered the resolution of a dispute surrounding the Mawjymbuin cave in Mawsynram through mediation, recognizing the deep religious sentiments linked to the case. This cave, situated in the East Khasi Hills District, features a stone formation that has sparked tensions among various communities. The petitioner, Seng Khasi Hima Mawsynram, along with supporters from the local Khasi tribe, argue that the formation signifies a “Shiva Linga,” a representation of the Hindu deity Shiva. However, other non-Hindu tribes are also claiming ownership of the cave.
During a public interest litigation hearing on Thursday, Chief Justice IP Mukerji and Justice W. Diengdoh remarked on the significance of the site, stating that “hundreds of devotees visit this cave to offer puja” and emphasizing its considerable religious importance. The dispute traces back to a document signed on May 14, 2015, in front of the Joint Registrar of Societies, which purportedly transferred the cave property to Seng Khasi Hima Mawsynram. Yet, the original sellers have since filed a suit in the District Council Court, asserting that the 2015 agreement is “non est and void,” and are seeking protective measures for the sacred property.
The petitioner argued personally that the District Council Court lacked jurisdiction over the issue, citing relevant Supreme Court rulings. In rebuttal, Deputy Solicitor General Dr. N. Mozika referenced Schedule Six of the Constitution, which grants District Council Courts authority to hear cases involving scheduled tribes. Opting for a pragmatic approach, the division bench chose not to delve into jurisdictional questions, noting that a related writ petition (WP(C) No.275 of 2024) is already under consideration by a single judge, who has established a committee to address similar concerns.
The court concluded that it would be appropriate to refer this public interest litigation to the single judge for further action, adding the current petitioner as a party to the ongoing case. Recognizing the delicacy of the matter, the court specifically instructed the single judge to “make an effort to resolve the matter amicably through mediation/settlement,” given the involvement of “religious land and religious sentiments.”
To ensure a fair resolution process, the court has put safeguards in place. The District Council Court must now obtain permission from the single judge before issuing any interim orders in the lawsuit brought by the property sellers. If mediation does not yield results, the single judge may refer the issue back to the District Council Court, with the jurisdiction to be decided as a preliminary matter.
Original Source: https://www.indiatodayne.in/meghalaya/story/meghalaya-high-court-refers-sacred-cave-dispute-to-single-judge-for-mediation-1235509-2025-06-27?utm_source=rssfeed
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Publish Date: 2025-06-27 08:38:00
