‘Article 226 can’t be used to change customary practices’

THERE was no proof before the single judge to show that the stone pillar, near the Sikandar Badusha Dargah on the hilltop, was indeed a deepathoon and that the deepam has been traditionally lit on it, he contended.

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It is understandable if a custom had been broken by the authorities, but Article 226 (Power of HCs to issue writs) of the Constitution cannot be used to change a customary practice which has been in existence for decades, Raman submitted. He also questioned the single judge's observation that traditions have been abandoned and the temple has to restore them, saying there was no factual basis behind the observation.