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2000 Supreme(Bom) 355

IN THE HIGH COURT OF BOMBAY
R.J. Kochar, J.
Naresh Amritlal Shah others .... Appellants.
Versus
Kantilal Chunilal Shah others.... Respondents.
Appeal from Order No. 840 of 1999 in Notice of Motion No. 3120 of 1998 in Short Cause Suit No. 3741 of 1998, decided on 2-5-2000.
Advocates appeared :
Iqbal Chagla with Navin Parekh A.R. Pande, for appellants.
S.G. Aney instructed by Mulla and Mulla CBC, for respondents.

Headnote:Bombay Public Trusts Act, 1950

       Section 50- See Civil Procedure Code, 1908, Section 9

       Bombay Public Trusts Act, 1950

       Section 50 and 51 - Nature of provisions- Provisions of sectin 50 and 51 are enabling provisions and are not disabling in nature.

       CIVIL PROCEDURE CODE, 1908

       Section 9 and Bombay Public Trusts Act, 1950, Section 50-

       Jurisdiction of Civil court- Exclusion of Civil court Jurisdiction cannot be readily inferred in the absence of express or implied order. Merely because the trust is a religious denomination its member cannot be said to have ceased to have their civil right and therefore, civil suit cannot be maintainable.

       CIVIL PROCEDURE CODE, 1908 Section 152, Order 1 Rule 8- Maintainability of the suit- Where the plaintiffs had filed the suit to challenge the legality, validity and vires of the impugned resolutions for themselves and that may also affect others having some interest, it cannot be said that the plaintiffs had no right to file such a suit without complying with the provisions of Order I, Rule 8, Civil Procedure Code. Air 1993 SC 896, Relied on.

       CONSTITUTION OF INDIA Article 25- Civil right- The plaintiff under Article 25 of the Constitution have citizen and as member of trust have civil right to undo the wrong done by the trust by passing resolution.

       CONSTITUTION OF INDIA Article 25- Religious practice among Jains- Navagi form of Gurupujan vis-à-vis Ekangi form of Gurupujan followed by devotes is in consonance with the tenets of Jain religion, therefore resolution passed by public trust putting ban on Navangi form of Gurupujan was violative of article 25 of the Constitution. The trust had no power to alter or modify the manner or mode of religious practice of any individual or any group amongst the Jain. There was nothing illegal or contrary to Jain Principles if a devotee performs Gurupuja in the manner of Navangi puja or ekangi puja.

Judgment

R.J. KOCHAR, J.:---A handful few amongst the whole Jain community tend to create a meaningless controversy threatening to divide the Jains on an equally absurd point in respect of the manner in which their Guru or Sadhu is to be worshipped. Whether nine points of the body of Guru (Navang) should be worshipped or he should be worshipped only on one point (Ekang)? Fortunately there is no dispute or controversy in respect of the manner in which the Idol or Murti of any Tirthankar is to be worshipped. Generally, a Murti of God is worshipped and not a living human being, howsoever great he or she might be. Such living great souls in the form of human body are always shown reverence or respect or Ibadat and the Jains call it to be a "Guruvandana". The Jain Gurus i.e. Sadhus or Monks, always have their sojourn in what is known as Upashraya where the Jains go to take their Darshan and offer Vandana and take their holy blessings in the form of what is known as Mangalik and Dharmalabh. The Jain Gurus have their own ranks or classification according to their learning and achievements in Tapasya or Penance as prescribed in the Jain Shastras. They are Acharya, Upadhyaya and Sadhu. They are three amongst five "Panch Parmeshti". The first is the Tirthankar being the 'Arihant' and the second 'Siddha'. Both are not available as explained in the Jain literature. The latter three "Panch Parmeshtis" are available to be worshipped. Though I have never heard any of them desiring or expecting to be worshipped physically, by and large they are shown respect by the Jain people (Shrawaks) by bowing down with both the folded hands and putting their forehead on the earth before their Gurus three times or as the case may be. In return, on receiving Vandana from the Shravak, the Gurus shower their blessings on them after the Shravak performs what is known as "Jnan Puja" i.e., a holy book kept near the Guru. After renouncing the 'Sansar' the worldly life and becoming ascetic, a Sadhu has to have self control (Sanyam) and tolerance. He cannot elevate and equate himself with the God or Tirthankars to be worshipped exactly like them. That would be a vanity of first degree which a Jain Sadhu must shed away, first of all. Such a sense of self-vanity to get worshipped like an idol is anathema to Jainism. The Jain Acharya/Sadhus have never arrogated themselves to the level of the worshipping idols enshrined in the Jain Temples. Jainism knows humility of and sufferings by Lord Mahavira; it does not know any air of arrogance on the part of its Acharyas or Sadhus.

In the present case some of the Jains have started a controversy in respect the manner in which the Guru Poojan is to be performed. I have no doubt in my mind that such a controversy is not traceable in the ancient Jain shastras or scriptures. As far as I know the ancient Jain Community did not have any such practice like the Navangi Guru Poojan or Ekangi Guru Poojan. It appears to be of very very recent origin i.e., the latter half of this century. Having no philosophical or scriptural or Shastriya base, it is possible that some learned Commentator amongst the Jain Gurus might have himself introduced such a concept of Navangi Gurupoojan and as a result thereof a very few amongst Jains have started following Navangi manner of Guru Poojan (for want of accurate and exact synonymous in English. I have preferred to use the original Jain terminology, as far as possible, to convey the correct and appropriate sense in the matter) There is no such reference or mention in the Commentary on the Jain philosophy by the greatest disciple of the last Tirthankar, Lord Mahavir. His Holiness Hari Bhadra Suriji Maharaj that any living Jain Acharyas downwards to Sadhus should be worshipped at nine points of their body i.e. Navangi Guru Poojan. And nothing was shown to me in that respect by Shri Aney, the learned Counsel for the plaintiffs. Nor is there any reference to the Navang; Guru Poojan or Be Tithi practices any

























































































































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