Faith dispute 'should not be heard in libel courts'

Fri 21 May 2010

A senior judge has insisted that disputes involving religious differences should not be heard in a libel court.

Hardeep Singh of the Sikh Times was recently accused of defamation by Sant Baba Jeet Singh, the leader of a Sikh sect called the Nirmala Kutia Johal, the Independent reports.

The journalist referred to the group as a cult in one of his articles, which also suggested that disagreements about the appointment of the new leader had led to disturbances among Sikhs in the High Wycombe area.

Mr Justice Eady decided to rule in favour of Hardeep Singh, who had refuted the defamation claim on the grounds that his comments were fair and justified.

The judge also accepted his counsel's argument that a case centring around the doctrines and traditions of the Sikh faith should not be heard in a secular court in the UK.

Mr Eady said this is because a British court could not make a ruling on these issues with any sense of authority.

John Rees, a partner at Winckworth Sherwood Solicitors, commented: "This is a good decision on its facts, and in the context of libel law.

"But it is certainly not the case that the courts and tribunals refuse on principle to consider issues of religious doctrine.

"There have been many cases, for example over trust issues, or the ordination of women as priests, where the higher courts have had to look carefully at the doctrines of a religious organisation, and at the mechanisms religious bodies have for changing their stated beliefs.

"A particularly interesting example at the present time is in determining the extent of the exemptions some religious bodies have in relation to discrimination law."