Shergill & Ors v Khaira & Ors

Summary

Trinity Term
[2014] UKSC 33
On appeal from: [2012] EWCA Civ 983

JUDGMENT

Shergill and others (Appellants) v Khaira and others (Respondents)

before

Lord Neuberger, President
Lord Mance
Lord Clarke
Lord Sumption
Lord Hodge

JUDGMENT GIVEN ON

11 June 2014

Heard on 19 and 20 February 2014

Appellants
Mark Herbert QC
David Halpern QC
Prof Satvinder Singh Juss
(Instructed by Addlestone Keane Solicitors)

Respondents
Mark Hill QC
James Quirke
(Instructed by Seymours Solicitors LLP; D C Kaye Solicitors; Bindmans LLP)

LORD NEUBERGER, LORD SUMPTION AND LORD HODGE (with whom Lord Mance and Lord Clarke agree)

This appeal arises out of divisions which have arisen within a Sikh sect associated with three Gurdwaras (Sikh temples) in Bradford, Birmingham and High Wycombe. It raises two questions arising out of the trusts on which the Gurdwaras are held. The questions are (i) the extent to which it is open to trustees to alter, or restrict, the terms of the trusts upon which they hold property, and (ii) the extent to which the court can and should refuse to determine issues of religion or religious belief in legal proceedings. The Court of Appeal confined itself to issue (ii). They decided that the whole dispute was non-justiciable and ordered a permanent stay of the entire proceedings, thus making it unnecessary to deal with issue (i).

The factual background

On 22 April 1987, fourteen men, all Sikhs living in or near Birmingham, attended a meeting at which certain "decisions were passed unanimously" according to a memorandum ("the April 1987 memorandum"). An unchallenged translation of the April 1987 memorandum records that it was decided that:

"under the guardianship of His Holiness Brahamgiani, revered 108 Sant Maharaj Baba Gian Singh Ji of Nirmal Kutia Johal, and on his orders, wishes and instructions, another Gurdwara … be established in the Midlands area of England for the benefit and forever success of the Sikh faith, brotherhood and the devotee congregations …".

His Holiness there referred to was the then holder of the office of Holy Saint, and known for the purpose of these proceedings as "the First Holy Saint". The First Holy Saint had succeeded the original Holy Saint (who had died in 1971), as the religious head of the abode of saints at Nirmal Kutia in the Indian village of Johal. The memorandum also recorded that it was decided that "another large gathering be called" on 17 May 1987.

A meeting duly took place on 17 May 1987, which was attended by twenty-eight men, and which resulted in decisions which were recorded in another memorandum ("the May 1987 memorandum"). This memorandum, again in an unchallenged translation, records a number of decisions. First, that, "under the Supreme Authority of" the First Holy Saint (referred to in the memorandum as "His Holiness"), a Gurdwara "be established in the Midlands area", which was to be "similar to" a Gurdwara which had been acquired in Bradford in 1982. Secondly, that "this Gurdwara … be established in Birmingham under the discipline and headship…

JUDGMENT

11 June 2014

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established