IMPORTANT POINT
It is not for the Court to dictate or to prescribe or restrain the religious practices and Pujas to be performed in temple. However, to protect and preserve the deity from corrosion is within jurisdiction of the Court.

Headnote:(a) Constitution of India – Articles 25, 26, 27, 21 and 51A – Religion and governance – Erosion of Mahakal jyotirlinga – Government spending huge amount on Kumbh/ Simhasth Melas, and rightly so, for providing shelter, food etc to devotees – These melas related to the Jyotirlinga – Jyotirlinga having immemnse religious importance, eroding due to touching and rubbing it with ghee, vermilion, curd flowers, milk etc over bthe years – Danger of its becoming obliterated – Held, Government has an obligation to preserve religious practices of all religions, culture and there is also a corresponding duty to act in that direction – State duty bound to preserve not only the archaeological, historical and ancient monuments but sanctum sanctorum, as well as the deity. (Para 14, 15)
       (2002) 7 SCC 368; AIR 1954 SC 282; (2011) 2 SCC 568; (2011) 2 SCC 575; (1990) 1 SCC 520; (1995) Supp 2 SCC 182 – Referred
       (b) Constitution of India – Article 25 – Religious practices and pooja – Not for the Court to dictate or to prescribe or restrain the religious practices and Pujas to be performed in temple – To protect and preserve the deity from corrosion is within jurisdiction of the Court – Temple Committee directed to make a concrete plan for protection and preservation of the deity based on expert committee recommendations – a (Para 44, 48, 49)
       (c) Constitution of India – Article 226 and 136 – Division Bench of High Court rightly setting aside decision by Single Bench on merits. (Para 50)
       ILR (1991) MP 444 : (1987) MPLJ 668 – Affirmed
       (d) Administration of justice – Misreporting by media – Of Court proceedings – Taken exception of – Media warned against any misreporting which would be viewed seriously. (Para 52)
       Facts of the case:
       Writ petitions were filed before Hogh Court for preservation of Mahakal Jyotirlimga at Ujjain wherein the single Bench gave certain directions. The Division Bench set aside the judgment and order of thyhe Single Bench.
       Finding of the Court:
       Division Bench rightly set aside the decision of the single Bench.
       Result: Apppeal disposed of.

JUDGMENT :

ARUN MISHRA, J.

1. Leave granted.

2. The petition pertains to famous Mahakaleshwar temple, Ujjain. The appellant has impugned the judgment and order passed in Writ Appeal No.37/2014 by the Division Bench of the High Court of Madhya Pradesh at Indore thereby setting aside the order passed by the Single Bench on 4.12.2013 in W.P. No.10712 of 2013.

3. Mahakaleshwar is an ancient temple of Lord Shiva. In order to understand the importance of the Lingam it is necessary to consider it, in brief, the history of Mahakal – Shiva, worshipping of statues and Lingam, origin of Mahakal, same as defined in scriptures etc. as pointed out in the reply of Mahant Prakash Giri of Shri Panchayati Akhara Mahanirvani is as under:

“BRIEF HISTORY OF MAHAKAL SHIVA
Since ancient times in Hindu culture definitions are found in name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly, the Vedas are the only authentic and wellbeing book of Hindu religion, when and where it was created it is matter of search. But it can be said that at least 5000 years ago, it was in complete existence.
Shiva is the instrument of discussion in Veda Mantras, but that discussion is on shapeless god. Somewhere nature's body is also addressed by various names of Shiva, part of Vedic treatises of the Swaithashwar influx, it has been discussed by the 'Sweth' sage on the basis of the Vedic Mantras in the spiritual form of Shiva.
As briefly stated, [Abstract from Swaithashwar influx] : The creator treats himself and all the controlling Divine powers differently, therefore, it remains entangled in the creation of universe [In the enjoyment of nature] And when that incomparable divine power is experienced, then attain liberation, that is salvation.
Indestructible or destructible, visible and not visible it nourishes the divine (the supreme power) of this whole world, the creature attracted to the qualities of nature, treating himself as his boss, stays in the same nature, and when that creature is experiencing that divine, attracted by the qualities of nature, creatures [Jeev] keep himself tied by the attribute of the same nature, and when that creature experiences that divine, then he is exempted from all bondage.
The destructive staple and indestructible life-force is formulated by a god called ‘Har’, with the thought of its contemplation, and by the feeling of its element, the person achieves the retirement of the cycle (nature) of the reincarnation after liberation.
Braham in the soul should forever be known, there is no more known qualified entity than this, the creator (creature), the usable material (nature), and the inspiration (God), this is the only way Brahma said in three ways.
While commenting on this stanza, 'Shankaracharya' has written with the reference of Shiva, that performers [Yogi] see Shiva's not in idols but in soul, a person who relinquish Shiv from his inner soul to worship outer Shiv, he feels as if he has dropped his hands morsel (Food yoga substance) and licks his empty palm, as the blind person can't see the rising sun, in the same way, the uneducated person can't view the calm form of Shiva. The person who view the omniscient (everywhere present) calm form of Shiva, Shiva resides in his heart, but those who can't see Shiva located in their souls, those people use to search him at pilgrimage place. In the interpretation of this stanza, it is written with reference to Vishnu Purana that's the goal that is proven by the mind's axiomatic (complete) Inconsistent (Due to meditation and distinction between patience) the form is assumed, it is called a Samadhi.
The power called a Rudra is governed by the entire Universe, it is situated within all the organisms and creates the entire universe (many planets located in space and space), protects them and destroys (destruction of the universe) means it merges in itself. Rudra Dev originates all the creati

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2018 Supreme(SC) 528

SUPREME COURT OF INDIAARUN MISHRA, UDAY UMESH LALIT, JJ.SARIKA - APPELLANTVERSUSADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS. - RESPONDENTSCIVIL APPEAL NO. 4676 2018Decided on : 02-05-2018.

IMPORTANT POINTIt is not for the Court to dictate or to prescribe or restrain the religious practices and Pujas to be performed in temple. However, to protect and preserve the deity from corrosion is within jurisdiction of the Court.

Cases Referred (7)

SUPREME COURT OF INDIA
ARUN MISHRA, UDAY UMESH LALIT, JJ.
SARIKA - APPELLANT
VERSUS
ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS. - RESPONDENTS
CIVIL APPEAL NO. 4676 2018
Decided on : 02-05-2018.

IMPORTANT POINT
It is not for the Court to dictate or to prescribe or restrain the religious practices and Pujas to be performed in temple. However, to protect and preserve the deity from corrosion is within jurisdiction of the Court.