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2020 Supreme(SC) 518
SUPREME COURT OF INDIA
ARUN MISHRA, B.R. GAVAI, KRISHNA MURARI, JJ.
SARIKA – APPELLANT
VERSUS
ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS. – RESPONDENT(S)
M.A. No. 1235 OF 2019 IN Civil Appeal No. 4676 of 2018
Decided on : 01-09-2020
For the Petitioners:By Courts Motion, Divyakanth Lahoti, Niraj Sharma, Advocates
For the Respondent(s):S.B. Upadhyaya, Rohit K. Singh, Nishant Kumar, Anshruta Maheshwari, Saurabh Mishra, Arjun Garg, Shrutika Garg, Rahul Kaushik, Tushar Mehta, SG Gurmeet Singh Makker, Rajat Nair, Raj Bhadur Yadav, Anil Katiyar, Atishi Dipankar, Advocates
IMPORTANT POINT
Prevention of erosion of Shivalinga in Shri Mahakaleshwar Temple at Ujjain is a serous matter and deserves attention at all levels.
Headnote:
Constitution of India – Article 136 – Prevention of erosion of Shivalinga in Shri Mahakaleshwar Temple at Ujjain – Deterioration and erosion of Lingam is a continuing process – Photographs of July 2020 indicate that there was further erosion of Lingam – A patch of Shivlinga towards side of deity of Shri Kartikeyan is quite visible – Matter is of grave concern as due to reckless offerings, Lingam of Omkareshwar Temple was destroyed – Stand of Temple Committee is that during Bhasma Aarti, cloth is covered on Shivalinga and is cleaned with RO water after that – They are regulating entry into Garbh Griha and during the COVID pandemic, no access is permitted – They have been restoring original work which is in progress and will be completed within three months – Concerning eyesore paintings, their removal is in process and would be completed within three months – Temple Committee has decided to meet monthly to do a review – During COVID19, visitors and devotees are not permitted to enter sanctum sanctorum – But, at same time, customary Poojaries and Purohits must perform rituals as they know rituals and are expert in Pooja and Archana – When Temple Committee prepares details of rituals, customary Poojaries and Purohits must be associated with Committee to render proper help and guidance in various matters relating to temple – Performance of necessary rituals is most neglected aspect in temples and new Poojaries do not understand them; same should not be state of affairs – There is no scope for commercialization – Myriad religious rituals and ceremonies are to be performed regularly – Court cannot direct what kind of Pooja Archana rituals should be performed but they should be done regularly by experts in field – Considering facts and circumstances of Report submitted by Experts Committee dated 19.01.2019 and Report of Temple Committee as well as project report prepared by Ujjain Smart City Ltd., directions issued – Expert Committee shall visit temple and submit a report by 15th December 2020, as to steps to be taken to prevent deterioration of Shivlinga and the steps to be taken to preserve temple structure, including Chandranageshwar Temple – Devotee should do no rubbing of Shivalingam – Temple Committee to ensure that pH value of Bhasma during Bhasma Aarti is improved and Shivalingam is preserved from further deterioration and to implement the best methodology to prevent further damage to Lingam – Entire proceedings of Puja and Archana in Garbh Griha to be video recorded 24 hours and be preserved at least for six months – If any violation is found by any Poojari, Purohit, Temple Committee will take suitable action against that Poojari or Purohit, as considered appropriate. (Paras 1, 5 and 9)
Facts of the case:
Apex Court is monitoring the compliance of the judgment and order passed by this Court in Civil Appeal No. 4676/2018 on 02.05.2018. Court has appointed an Expert Committee consisting of experts of Archaeological Survey of India and Geological Survey of India concerning prevention of erosion of Shivalinga in Shri Mahakaleshwar Temple at Ujjain. Temple Committee has submitted the response to the various measures pointed out by the Committee of the Experts in inspection report dated 19.01.2020.
Findings of Court:
Performance of necessary rituals is the most neglected aspect in the temples, and new Poojaries do not understand them; the same should not be the state of affairs. There is no scope for commercialization. The myriad religious rituals and ceremonies are to be performed regularly. We cannot direct what kind of Pooja archana rituals should be performed, but no doubt, they should be done regularly by the experts in the field.
Result : Directions issued.
JUDGMENT :
ARUN MISHRA, J.
1. This Court is monitoring the compliance of the judgment and order passed by this Court in Civil Appeal No. 4676/2018 on 02.05.2018. We have appointed an Expert Committee consisting of experts of Archaeological Survey of India and Geological Survey of India concerning the prevention of erosion of Shivalinga in Shri Mahakaleshwar Temple at Ujjain. The Expert Team visited Ujjain on 19.01.2019. Its Report indicates that there was erosion of Shivalinga after the last inspection, and it is a continuing process. The last inspection was made earlier in 2018. The time gap was short when the inspection was made. As such, the extent of further erosion was not measured. However, the facts remain that there was some erosion of the Shivalingam. We have vide order dated 19.08.2020 called for the Action Taken Report from the Temple Committee. The Temple Committee has submitted the response to the various measures pointed out by the Committee of the Experts in the inspection report dated 19.01.2020. Since it has been noted that the deterioration and erosion of Lingam is a continuing process, the photographs of July 2020 indicate that there was further erosion of the Lingam. A patch of Shivlinga towards the side of the deity of Shri Kartikeyan is quite visible. The matter is of grave concern as due to reckless offerings, the Lingam of Omkareshwar Temple was destroyed. The Report indicates that the pH value of Bhasma Aarti stands at 10.51, which is required to be improved and is reactive to Cryptocrystalline siliceous cementing material of orthoquartzite at room temperature and causing deterioration in Jyotirlingam. Sanitation and drainage were required to be improved. There was a mechanical erosion also of the Lingam due to the weight of Mund Mala and Serpakarnahas. Though their weight has been reduced to half, mechanical abrasion takes place due to their existing weight. It was also suggested that the rubbing of the Lingam by the devotees be strictly banned. It was also reported that there was modern style construction made in the temple premises, which needs to be removed. It was also pointed out that the modern construction within the temple premises was in progress, which was required to be stopped and removed. The necessity was also felt to restore the original work. The walls were painted with colours, which was giving a bad look to the ancient heritage place. There were additions in the form of eyesore painting inside the temple, which were yet to be removed. It was reported that ghee, milk, curd, and honey are regular in the offering. The Temple Management Committee has decided to provide pure and natural offering material to pilgrims. There was a necessity for a periodical review of the remedial measures.
2. The stand of the Temple Committee is that during Bhasma Aarti, the cloth is covered on Shivalinga and is cleaned with RO water after that. They are regulating the entry into the Garbh Griha, and during the COVID pandemic, no access is permitted. They have been restoring the original work, which is in progress and will be completed within three months. Concerning eyesore paintings, their removal is in the process and would be completed within three months. The Temple Committee has decided to meet monthly to do a review.
3. A Report dated 28.07.2019 indicated that Chandranageshwar Temple in the premises was also not in good shape, and repair work was required. Its roof has become weak.
4. The Temple Committee pointed out that there is a necessity of further inspection by the experts' team, as the last inspection was made 1½years ago. The team of experts is located at Bhopal. They can visit the temple at any time. Periodic inspection by the Expert Committee is necessary for the remedial measures and to prevent erosion and to preserve the temple structure. To ensure that there was no rubbing of Shivalinga, the Poojaries (Janeupati, Khutpati), Purohits, and their authorized representatives be directed to ensure
