Sarika vs Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors.

Disposing of the appeal, the Court

HELD: 1.1 Misrepresentation was being made with respect to the order passed by this Court and unrest was tried to be created on the ground that this Court is interfering with the religious rituals to be performed in the temple during Pooja. Thus, it is clarified that this Court has not interfered with the same. Said direction holds good for this order also and to be scrupulously observed by all concerned. The only objective of entertaining the writ petition was just to ensure that all the rituals which may be necessary be performed however to ensure that the Lingam does not deteriorate any further. [Para 30] [744-D-E]

1.2 There is a decay of the Lingam and certain damage has been noted by the Expert Committee. Negative factors have also been pointed out in extensive details. Activities regarding the daily cleaning of temple premises, gaushala, Vedic samsthan, mandir, rasoi of the temple etc. have been pointed out. The study has been done by Spectroradiometer, portable XRF studies, water analysis, ash analysis, the extent of weathering etc. Various suggestions and recommendations had been made including the remedial measures. It has been noticed in the report of the experts of the ASI and GSI that deterioration of Lingam has taken place during the last 40 to 50 years. The deterioration is continuous in nature and can be managed with remedial measures. [Paras 31, 32] [744-F-G; 745-A-B]

1.3 The water analysis of the temple premises used in the Jalabhishekam is highly alkaline in nature and pH value ranges from 8.4 to 8.7. Various other causes have been delineated in the report of the experts. In all 24 causes have been given. Milk particularly contaminated one, sugar, leaves, petals and flowers, poor drainage sanitation and water spillage, use of the water should be minimum. Rubbing of jaggery/sugar powder should be restricted or minimized. Use of a lot of flowers and leaves also keeps the Jyotirlingam wet all the time and hinders natural breathing of the stone of Jyotirlingam. Use of metal buckets, pots, utensils also causes abrasions to the Lingam. If possible entry of devotees in Garbh Griha should be limited. Garbh Griha should be kept dry and clean. There should be proper air circulation in Garbh Griha. Arrangements for disposal of waste may be improved and should be made more effective. Since scientific/chemical treatment may not be acceptable, preventive conservation methods may be helpful to keep the Jyotirlingam in the best of its conservation state. Considering the historical importance of the premises, use of modern materials in the premises should be avoided so as to maintain the antiquity. There is a need to identify the sculptures and they are required to be properly documented and identified. Remedial measures should be taken as suggested in the report. The conservation be carried out with the help of conservator and experts of ancient architecture. [Para 34, 35] [745-B-G]

1.4 There should be proper disposal of temple garbage and it should be ensured that it does not contaminate the Kotiteerath Pond. Better use of flowers would be that they are recycled for the production of scent/itra. For that project may be prepared by the administration with the help of concerned bodies or on the basis of PPP. Cleaning methods should be modernized. [Para 36] [746-A-B]

1.5 It is apparent from the response of the Committee filed pursuant to the order dated 25.8.2017 of this Court that the Committee has agreed to save the Lingam by minimizing the flowers and offerings material. It has also been resolved that the Temple Committee shall install an RO plant to maintain pH value of water at 7 and devotees should be allowed to use minimum water. Temple Committee has also resolved that during Bhasma Aarti also they will take appropriate steps which may be permissible. As permissible, use of ghee, milk, curd, and honey shall be restricted per devotee. These materials shall be of ISI standards. Lingam shall be properly cleaned and dried after Puja. Expansion of drainage system was under process and be completed at the earliest. Rubbing of sugar powder on the Lingam shall be banned. It would be ensured that there is no harm caused to the Jyotirlingam. There is a management plan to permit limited devotees at one time in Garbh Griha so that there is no stampede. They are ready to maintain the temperature of garbhgriha from

17 to 20 degree Celsius. There should be more air conditioners. Damaged area of marble flooring and sealing of joints shall be repaired. Provision has to made for proper circulation of air in garbh griha. Arrangements for disposal of wastes have to be improved. [Para 37] [746-B-E]

1.6 Preventive conservation methods shall be used by the Committee. Efforts shall be made to preserve the originality and antiquity of the temple. They have to also ensure that they would undertake necessary steps for saving structure and life of devotees during Nagpanchmi. A plan in this regard be prepared within two months. It is also directed that let them make an effort for the preservation of historical monument the new development work if any, should only be made to match with ancient nature of the temple so that its heritage look is maintained. As to the recommendations of the report of the Experts Committee, same have been accepted by the Committee. The Committee to implement the recommendations as agreed to and resolved by it. Considering the national and international importance, Temple Committee has rightly resolved to create a Heritage Cell for maintenance and restoration of the old temples and structures inside the premises. Such cell be created at the earliest. [Paras 38, 39] [746-F-H; 747-A-B]

1.7 In compliance of the order dated 13.10.2017 the Committee has passed various resolutions accepting various recommendation of the Expert Committee. The Expert Committee of ASI and GSI has filed response to the various resolutions passed by the Committee. The Expert Committee has also agreed with most of the resolutions. However, it has made certain suggestions which are to be considered by the Committee and implemented in best possible manner. [Para 40] [747-B-C]

1.8 Expert Committee suggestion in respect of Kotiteerath Pond water to be treated periodically and to ensure that the rainwater of temple premises, as well as drainage water from the temple premises, should not be drained into the pond and contaminate the Kotiteerath Pond, has to be implemented in true spirit. [Para 41] [747-C-D]

1.9 Committee of expert has also suggested that rubbing of any offering by devotees may be stopped. Devotees may be allowed to offer their offerings symbolically but not to be allowed to rub any material over the Lingam. The Committee to consider the said aspects and to ensure that as far as possible no rubbing is done by the devotees on the Lingam or by any material. The Committee also pointed out that no new significant construction to be carried out in the temple premises except the smooth passage in the premises is concerned, the resolutions be carried out and fully implemented as resolved by the Committee on time bound basis for different stages within one year. [Para 42] [747-D-F]

1.10 With respect to the method of “lingarchan”, method of linga pooja, the 27th chapter of “Ling Mahapuranm” has been placed on record. Pooja of different lingam may be somewhat different. It is for the experts in the field of religion to decide about the rituals and ceremonies to be performed. It is not for this Court to make suggestions in this regard. [Para 43] [747-G-H]

1.11 It is not within the jurisdiction of this Court to dictate or to prescribe or restrain the religious practices and Pujas to be performed in temple. They are required to be performed, in accordance with the ancient rituals and practices but, at the same time, it has to be ensured that no damage is caused to the lingam. The temple which is known as Mritunjaya Mahadev and is most ancient Jyotirlingam in one of the ancient cities of India, Ujjain. ‘Simhast’ is also organised 6 years and 12 years which has international importance visited by several millions of people. The Government spends thousands of crores of rupees for development of infrastructure in Ujjain for each such occasion and lot of development has taken place. Owing to all the development work, Ujjain has come up. But at the same time very cause of all developments, the Lingam requires to be preserved, protected by way of preventive conservation methods. [Para 44] [748-A-C]

1.12 In order to ensure purity of pooja materials and to prevent further erosion of Lingam it would be appropriate and fitness of things that a plan is prepared regarding the entire offering materials on the lingam to be manufactured and provided by temple itself as is done in several famous temples in the Southern part of India and other places. By pouring the adulterated Milk, Ghee, Kumkum, Gulal, Abir containing chemicals due to adulteration is improper and cannot be permitted to be part of the ritual. Lingam cannot be permitted to be destroyed by chemical reactions of impure materials or by pouring of the dirty water such acts of offerings cannot be allowed and as are done innocently by the people unaware of ill effect on lingam. Had devotees been aware of all these, adverse effect of their Puja on the Lingam of their God itself of which they are performing Puja , they would not have even dreamt of doing it. The Temple Committee and other stakeholders to take positive steps in this direction in reasonable time. [Para 45] [748-D-F]

1.13 Use of Bhang (cannabis) has been started in recent past, approximately for the last 50 years and that is one of the causes of erosion as per the petitioner. Earlier it used to be offered symbolically. It is for the Temple Committee to decide on these rituals and which material to be used by it and in which quantity for purpose of Puja by Temple and for how much time, in what manner Bhang should be applied and in what rituals. The Committee to consider it with help of scriptures and experts. How its use can be best modulated by the Committee itself, considering past practices, as the ultimate duty of Committee is to make preservation of the Lingam itself for its existence and for that it has to consider and adopt what is the best mode of performing the rituals, what are the materials which should be used and in what quantity but it has to be ensured that the materials are not impure and are without such chemicals which may cause erosion of the lingam itself otherwise the very purpose of Puja would be defeated. [Para 46] [748-G-H; 749-A-B]

1.14 Puja is to be performed in such a manner which should be befitting to the deity and not to cause erosion itself of lingam for which so much infrastructure exists. Lingam is known as ‘Mrityunjaya Mahadev’, who prevents from destruction, it cannot be permitted to be destructed. Lingam cannot be permitted to be exploited in a manner it is destroyed. If one believes in the concept of real pooja, such Pooja is to be performed by pure materials as purest of thoughts. No spiritual or other gain can come if Puja is performed in a manner which damages the deity itself as that would amount to displeasing the saviour. That would be against the basic tenets of performance of Pooja and of making offerings. [Para 47] [749-E-F]

1.15 The Temple Committee to invite and consider various views for further improvement of the temple. The Temple Committee to make an endeavour along with other stakeholders to prepare/manufacture the offering material in purest of the form and by such time it becomes a reality to make an arrangement in such a manner that only pure and unadulterated materials are offered in pooja on Lingam. No impure and adulterated material is offered in Puja and the resolutions made by the Temple Committee are scrupulously observed by all concerned. [Para 48] [749-E-F]

1.16 A concrete plan be made by the Committee for further improvement including its Gaushalas. The existing Gaushala and kitchen be improved and modernize and for that purpose, in case, additional land is required, plan be prepared and implemented with the help of all concerned so that temple becomes self-sufficient to provide all pooja material based on milk product etc. [Para 49] [749-F-G]

1.17 The decision by the Single Bench has rightly been set aside by the Division Bench for the various reasons mentioned in the order and in particular in view of the fact that in the impugned order the Division Bench has relied on decision in Ramchandra Mangilal & Ors. v. State of M.P. which had been affirmed by this Court. Hence no case for interference on merits is made out. [Para 50] [749-G-H; 750-A]

1.18 The ASI/GSI teams that has visited and had submitted the report to make a visit in January 2019, is directed to submit a report with respect to the position of the lingam and improvements made as per suggestions made in the report. [Para 51] [750-B]

1.19 There should not be any misreporting of the Court’s order, as specified in the order dated 30.11.2017. Any violation on this count shall be viewed seriously and sternly with appropriate consequences, wherever necessary. It is hereby made clear that this Court has not interfered with religious ceremonies to be performed in the Temple. [Para 52] [750-C-D] Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002)

7 SCC 368 : [2002] 2 Suppl. SCR 266; Prafull Goradia v. Union of India 2011 2 SCC 568 : [2011] 1 SCR 579; Transport & Dock Workers Union v. Mumbai Port Trust (2011) 2 SCC 575 : [2010] 14 SCR 873; Shantistar Builders v. Narayan Khimalal Totame (1990) 1 SCC 520; P.G. Gupta v. State of Gujarat & Ors. (1995) Supp

2 SCC 182 : [1994] 6 Suppl. SCR 628; Ramchandra Mangilal & Ors. v. State of M.P. ILR (1991) MP 444 : (1987) MPLJ 668 – referred to.