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2018 Supreme(SC) 700

SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
ADARSH KUMAR GOEL, S. ABDUL NAZEER, JJ.
MRINALINI PADHI - Petitioner(s)
VERSUS
UNION OF INDIA - Respondent(s)
Writ Petition(s)(Civil) No(s). 649 of 2018
Decided On : 05-07-2018

The main legal point established in the judgment is the authority of the Court to issue directions for the administration and improvement of religious institutions under Section 92 of the Code of Civil Procedure. The judgment also emphasizes the need for judicial intervention in addressing the issues related to religious institutions and the protection of cultural heritage.

Headnote:

Temple Management - Administration of Religious Institutions - Sri Jagannath Temple Act, 1954 - Section 92 of the Code of Civil Procedure

Fact of the Case:

The District Judge submitted a report regarding the administration of the Sri Jagannath Temple, Puri, and made several suggestions for improvement. The Court considered the report and directed the temple administration, state government, and central government to take necessary actions. The Court also emphasized the need for considering the difficulties faced by visitors, deficiencies in management, and proper utilization of offerings in all shrines throughout India.

Finding of the Court:

The Court accepted the report of the District Judge and directed the implementation of the suggested improvements. It also directed the state and central governments to form committees and submit interim reports. The Court emphasized the need for considering the issues related to religious institutions and directed every District Judge to examine such matters and send a report to the concerned High Court.

Issues: Administration of religious institutions, management of temple facilities, protection of cultural heritage, and consideration of difficulties faced by visitors.

Ratio Decidendi: The Court relied on Section 92 of the Code of Civil Procedure, which permits the Court to issue directions for making a scheme or arrangement for any charitable or religious institution. The Court emphasized the need for judicial intervention in addressing the issues related to religious institutions and directed the District Judges to examine and report on such matters.

Final Decision: The Court directed the implementation of the suggested improvements for the Sri Jagannath Temple, Puri, and emphasized the need for considering similar issues in all shrines throughout India. It also directed the formation of committees by the state and central governments and emphasized the role of District Judges in examining and reporting on matters related to religious institutions.

ORDER

1. We have perused the Report of the District Judge, Puri, dated 26.06.2018 submitted in response to the order of this Court dated 08.06.2018. We have also perused the affidavits filed on behalf of Respondent Nos. 2 to 4. Mr. Vikramjit Banerjee, learned Additional Solicitor General seeks time to file an affidavit on behalf of the Union of India. Learned Counsel appearing on behalf of Respondent Nos. 2 to 4 have stated that some more time is necessary for giving a comprehensive report/affidavit.

2. Accordingly, the matter is adjourned to 5th September, 2018 for further consideration. We may however, deal with certain aspects.

3. In his Report, the District Judge has stated that a meeting was held with the Chief Administrator Shri Jagannath Temple Administration, the Collector and the Superintendent of Police, Puri along with other Administrators of the temple. He also considered the response of the public. He has also taken into account previous study reports on the subject. He has observed that in spite of order of this Court, Thalis and pitchers are being exhibited for collection of money illegally. At this stage, we may only reiterate the direction already issued and direct the administration to comply with the same. Action for violation for contempt may be considered later in the light of further material which may be placed on record, including the CCTV footages.

4. After considering all the aspects, the District Judge has made the suggestions under the following heads:

(i) Abolition of hereditary Sevaks/Appointment of Sevaks.

(ii) Prohibition to collect money for Annadan Atika by Sevaks. Ban on placing Thali and Pitches by Sevaks to receive offering.

(iii) Temple Management to take control of Rosaghar and Chullas.

(iv) Provision of separate toilets for male and female and sevaks.

(v) Queue system for hassle free darshan.

(vi) Surveillance of collection from Hundis and receptacles.

(vii) Audit of Temple Funds by Accountant General.

(viii) Identity cards for sevaks and staffs.

(ix) Guides to be registered in Temple office.

(x) Reduction of over staffs of Temple Administration.

(xi) Single authority for security management in Temple Premises.

(xii) Proposed Amendments in Sri Jagannath Temple Act, 1954.

We are not quoting the discussion under each heading.

5. We do not find any serious objection to the suggestions being accepted and implemented subject to further consideration and orders.

6. We are informed that there is a website of the Temple but the same needs to be updated so that information about all the facilities, schedule of visits etc. are available for the convenience of the visitors.

7. We also had an interaction on the issue whether the Temple Management can consider, subject to such regulatory measures with regard to dress code, furnishing of a declaration or such other requirements as considered necessary permitting every visitor irrespective of his faith to offer respects and make offerings to the Deity. This observation is being made in view of the settled law reiterated in recent judgment in Adi Saiva Sivachariyargal Nala Sangam and ors. vs. Government of Tamil Nadu and anr. 2016 (2) SCC 725 as follows:

“Religion incorporates the particular belief(s) that a group of people subscribe to. Hinduism, as a religion, incorporates all forms of belief without mandating the selection of elimination of any one single belief. It is a religion that has no single founder; no single scripture and no single set of teachings. It has been described as Sanatan Dharma, namely, eternal faith, as it is the collective wisdom and inspiration of the centuries that Hinduism seeks to preach and propagate. It is keeping in mind the above precepts that we will proceed further.”

(Emphasis added)

8. Justice P.B. Gajendragadkar, Former Chief Justice of India, has mentioned in his Book “To the Best of My Memory” as follows:

“Secularism merely means that no religion has the monopoly of religious wisdom. Our secularism is based on the principles laid down





























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