Shergill & Ors v Khaira & Ors

Religious trust instruments are construed objectively and as enduring arrangements, having regard to their language and the long-term purpose of the institution. A singular reference to a successor may include successive office-holders where the context requires it. References to a religious head may likewise mean the holder of that office for the time being.

Appointment to a religious office may be established by the relevant custom and public ceremony. Disqualification depends on the religion actually practised and the governing documents, rather than labels such as “Dera” or “Gurdwara” or disagreement with a particular religious tradition. Once the relevant legal and factual issues are established, general allegations of misconduct or unclean hands will not justify withholding declaratory or injunctive relief without proof of conduct sufficiently connected to the relief sought.

The claimants sought declarations and injunctions concerning the authority of the ninth claimant, who claimed to be the Third Holy Saint of Nirmal Kutia Johal, to appoint and remove trustees and control three English Gurdwaras. The defendants disputed his appointment, contended that it was temporary or conditional, and argued that his religious beliefs and conduct disentitled him to relief.

The court considered the construction of trust deeds and constitutions executed for the Birmingham, Bradford and High Wycombe Gurdwaras, the effect of later constitutional amendments, the significance of the Third Holy Saint’s Dastar Bandi ceremony, and whether the evidence established a departure from the Sikh religion or otherwise justified refusing equitable relief.

1. Construction of the governing documents. The original trust deeds and constitutions were intended to operate over the long term. Applying Law of Property Act 1925, s.61(c), the word “successor” included successors in the plural where the context required it. References to “the Holy Saint”, when not tied to a named individual, referred to the Holy Saint for the time being. The contemporaneous minutes and postscript concerning the immediately anticipated successor did not cut down that construction.
2. Appointment. The Third Holy Saint was validly appointed in March 2002. The public Dastar Bandi ceremony, considered in the context of the institution’s custom and the circumstances in which it was conducted, was sufficient to confer successor status. The evidence did not establish that the appointment was merely temporary, conditional or a caretaker appointment.
3. Religious qualification. The relevant question was the religion actually practised at Nirmal Kutia Johal and the requirements of the English trust documents. The evidence showed continuing adherence to Sikhism, including the centrality of Guru Granth Sahib, Sikh worship and baptism. The institution’s affiliation with Kankhal, the use of the terms “Holy Saint”, “Guru”, or “Dera”, and the reverence shown to the Third Holy Saint did not establish a sufficiently radical change of religion or disqualify him from exercising the powers conferred by the documents.
4. Later constitution and appointments. The revised constitution was unconditionally agreed and signed in February 2004. It recognised the Third Holy Saint as sole chairman and authorised him to make the relevant appointments. The appointments of trustees and management committee members were therefore effective under both the original documents and the revised constitution.
5. Relief. The alleged unclean hands, misconduct and absence of evidence from the ninth claimant did not justify withholding relief. No sufficiently serious misconduct was established, and adverse inferences were not warranted on the principal issue. Declaratory and injunctive relief was granted; consequential matters, including costs and permission to appeal, were adjourned.