SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(SC) 1223

SUPREME COURT OF INDIA
Arun Mishra, M.R. Shah, S. Ravindra Bhat, JJ.
MRINALINI PADHI – PETITIONER
VERSUS
UNION OF INDIA & OTHERS – RESPONDENTS
WRIT PETITION (CIVIL) NO. 649 OF 2018 WITH WRIT PETITION (CIVIL) NO.1094 OF 2019
Decided On : 04-11-2019

Advocates Appeared:
For the Parties :Ranjit Kumar, Priya Hingorani, (assisted by Himansu Yadav, Amicus Curiae, Tushar Mehta, Solicitor General R. Balasubramaniam, Ashok Parija, General Nalin Kohli, Shibashish Misra, Janmeja Katikia, Anshul Gupta, Sachin Sharma, A.K. Sharma, Raj Bahadur, Gaurav Khanna, Chandan Kumar Mandal, Nimisha Menon, S. Debabrata Reddy, Mohan Parasaran, Suvidutt M. S., Anu B., R. Abhishek, J. Sai Deepak, Avinash Sharma, P.N. Mishra, Arnav Behera, Shayree Chakravarty, B.K. Dash, R.M. Patnaik, S. K. Padhi, Kush Chaturvedi, K. Ramamoorthy, Shoba Ramamoorthy, Sri Ram J.Thalapathy, V. Abhimoolam, Shilp Vinod, Pushkin Rajkumar, Rajdipa Behura, Philimon, Akshay Behura, Neha Lingwal, A. Venayaga Balan, Prabhu Prasanna Behara, Nirmalya Mohanty, Kalpataru Khuntia, Kaliyug Harekrushna, Suvendu Suvashis Dash, Ashok Panigrahi, Anmol Tayal, S. Vinay Ratnakar, Nawab Singh, Surender Deswal, Brijinder Singh Loomba, Jasmeet Singh, Amritpal Singh Khalsa, A. K. Mehta, Neena Singh, Sahil A. Garg, Manish Tanwar, Tushar Chhabra, Swetaketu Mishra, Sanjay K. Das, V. K. Monga, Debasis Misra, Vishaal S. Jogdand, Suhas Kadam, Sreyas Gacche, Paul Kanakraj, Jagdev, Pareena Swarup, Nanita Sharma, Dr. Sanatan Ray Choudhari, Alpana Sharma, R. Sharath, Manav, Rajnish Kumar, Choudhari Samsuddin Khan, Meera Bhatia, Jay Prakash Somani, R. S. Jena, Pramod Rath, Venkatesh, Partha Sil, Tavish B. Prasad, Amit Das, Ravi Prakash Mehrotra, Ankit Agarwal, Amartya Singh, Kush Chaturvedi, V. K. Monga, Ravi Prakash Mehrotra, Suvidutt M.S., Ramendra Mohan Patnaik, Ashok Panigrahi, Debasis Misra, Suvendu Suvasis Dash, Amrendra Kumar Mehta, Radha Shyam Jena, Lakshmi Raman Singh, Advocates

Headnote:

Management of Shri Jagannath Temple - Temple administration and State Government directed to take decisions inter alia on various aspects spelt out herein - These include, discipline of and disciplinary action against servitors/incumbents so that the seva/puja/niti are never disrupted and are performed regularly - Schools for the children of servitors directed to be set up - Record of rights of all immovable properties belonging to the Temple I n and outside State directed to be completed and inventory thereof filed before the Court - Plan for accommodation for pilgrims directed to be prepared - Temple Management Committee directed to ensure proper training to servitors - Temple administration and the State directed to ensure proper remuneration and health welfare to the servitors - Temple Administration directed to maintain hygiene in Rosaghar at all costs - ASI directed to clear plan for construction and renovation so that no food is prepared in the open - Hygiene should be ensured as regards prasadam - Servitors and staff should be provided with ICards - Temple Management Committee directed to consider establishing a dairy farm - Temple Administration and the Chief Administrator including the State Government directed to prepare a roadmap with the help of experts for having proper darshan by the devotees/pilgrims and to implement it effectively - As regards valuables of the Temple, Temple Management directed to place before the Court as to what kind of inventory it has prepared and how it proposes to secure the valuables of the Temple and ornaments offered by the devotees - Proper effluent treatment plant and waste management system directed to be set up - Adequate number of toilets for male and female directed to be constructed and maintained properly - Motorcycle stand and cloak room directed to be set up - Finally, State Government directed to depute full time Chief Administrator. (Para 42)

Facts of the case:

The writ petition has been filed under Article 32 of the Constitution of India to direct an investigation/enquiry into the disappearance of the keys to the Ratna Bhandar of the Shri Jagannath Temple, Puri. It has also been prayed that an inventory of the valuables stored at the Ratna Bhandar of Shri Jagannath Temple, Puri be taken and to direct appointment of an expert committee to submit a report to this Court for preservation and management of property and valuables of Shri Jagannath Temple. Prayer has also been made to provide express darshan to all the devotees visiting Shri Jagannath Temple, Puri.

Finding of the Court:

The Jagannath Temple is in need of all round improvement.

Result: Directions given. Matter posted for 8th January, 2020.

ORDER

Arun Mishra, J.

The petition has been filed under Article 32 of the Constitution of India to direct an investigation/enquiry into the disappearance of the keys to the Ratna Bhandar of the Shri Jagannath Temple, Puri. It has also been prayed that an inventory of the valuables stored at the Ratna Bhandar of Shri Jagannath Temple, Puri be taken and to direct appointment of an expert committee to submit a report to this Court for preservation and management of property and valuables of Shri Jagannath Temple. Prayer has also been made to provide express darshan to all the devotees visiting Shri Jagannath Temple, Puri. Reliance has been placed on the decision of this Court in Sarika v. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain, M.P. & ors., 2018 (6) SCALE 651 (Civil Appeal No.4676 of 2018).

2. While entertaining the petition, this Court has passed an order on 8.6.2018, directing District Judge, Puri a submit a report. Later on, vide order dated 5.7.2018, in addition to order dated 8.6.2018, some more directions were issued and were summed up as follows:

"19. We may sum-up our directions in today's orders, in addition to the orders dated 8.6.2018, as follows:

i) Report of the District Judge dated 26.6.2018 is accepted in principle and action to be taken by the temple administration.

Ii) District Judge, Puri may send further report, if any by 31.8.2018, preferably by e-mail.

Iii) The State Government may submit report of the Committee constituted by it on or before 31.8.2018.

iv) The Central Government may constitute its Committee, as already directed, within two weeks from today and place its interim report on record of this Court on or before 31.8.2018.

v) Copy of the Report of the District Judge may be placed on the websites of the temple management, Ministry of Culture and website of the Supreme Court for two weeks.

Vi) The directions in the order dated 8.6.2018 may be complied with by all concerned and non-compliance thereof may be reported to this Court for appropriate action if necessary.

Vii) The temple management may consider, subject to regulatory measures, with regard to dress code, giving of an appropriate declaration or compliance with other directions, permitting every visitor irrespective of his faith, to offer respects and to make offerings to the deity.

Viii) We have noted that Hinduism does not eliminate any other belief and is eternal faith and wisdom and inspiration of centuries, as noted in earlier judgments of this Court.

Ix) Difficulties faced by the visitors, deficiencies in management, maintenance of hygiene, appropriate utilization of offerings and protections of assets with regard to shrines, irrespective of religion is a matter for consideration not only for the State Government, Central Government but also for Courts. Every District Judge throughout India may examine such matters himself or through any court under his jurisdiction and send a report to the concerned High Court so that such report can be treated as PIL on the judicial side and such direction may be issued as may be considered necessary having regard to individual fact situation.

X) Learned amicus is at liberty to engage with all stakeholders and to give suggestions for bringing about improvements and also to give a report to this Court. However, this will not stand in the way of the Committee of the State Government, Committee of the Central Government or any District Judge considering matters in terms of above directions."

3. This Court vide order dated 9.1.2019, has appointed Shri Ranjit Kumar, learned Senior Counsel as Amicus Curiae and Ms. Priya Hingorani, learned Senior Counsel was requested to assist him in the matter. Learned Amicus Curiae has submitted interim reports pursuant to the orders which have been passed by this Court from time to time. During the pendency of the writ petition, the State Government has decided to make certain land acquisitions so as to provide various facilities to the pilgrims such as building of wa

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top