Case: SARIKA Vs. ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (MP)

construction will be done with a due permission of the competent authorities. Expert committees comment: Agrees 15. It is further resolved that in order to implement the above resolution a minimum period from one month to one Year may be sought from the Honble Supreme Court. Expert committees comment: Agrees ORDER DATED 30.11.2017: 29. Following order was passed by this Court on 30.11.2017: We are concerned, and so express our anguish, as to the way in which the orders which have been passed so far in the matter are being misrepresented in media and otherwise. We have not passed any interim direction with regard to the manner in which the religious ceremonies have to be performed in the Temple at Mahakaleshwar, Ujjain. This Court has not passed any order whatsoever that, during the Bhasma Aarti, what rituals can, or what rituals cannot be, performed, and neither it is the job of this Court to interfere in such rituals. This Court has not passed any order in this regard. We are concerned in the petition about the protection of the lingam and how it can be done. For this purpose, this Court has appointed a Committee of Experts of G.S.I. as well as the A.S.I., and they have submitted their reports. They are yet to be finally considered by this Court. A notice issued by the Managing Committee on Board has been placed before us today, indicating that this Court has directed that how much water has to be offered on the lingam by the devotees or about the quantity of Panchamrit etc. This Court had issued no such direction. In fact, it appears that the Committee itself has taken various decisions and they are being implemented. The Notice Board which has been put by the Managing Committee of the Temple should be removed forthwith i.e. by today itself, and it is open to the Committee to put it on the Notice Board as per its resolutions if any. In case any wrong or misleading reporting is made by the media, in any form, at the instance of any person about the order passed by this Court, the person so responsible for such wrong reporting, misrepresentation about the order shall be liable to be dealt with in accordance with law. It is regrettable that there has been wrong reporting at somebodys instance. We caution the parties before us that they should not indulge in any such wrong reporting, in any manner whatsoever, and if it is found that any wrong reporting is made, the same shall be viewed seriously, and the person responsible for it shall be dealt with in accordance with law. List the matter for further hearing on 4th December 2017. 30. As it was noticed that 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 we have clarified that we have not interfered with the same. Aforesaid direction holds good for this order also and to be scrupulously observed by all concerned. The only objective of entertaining the writ petition on the aforesaid question 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. 31. It is apparent from the report that 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 Mr. Madan Singh Chauhan, Regional Director, ASI, Central Region, Bhopal report is contained in the first chapter. The second chapter contains the report submitted by Dr. V.K. Saxena, Director (Science), ASI, Science Branch, Dehradun. The third chapter deals with the Geo-scientific study of the Shivalinga made by Mr. Hemraj Suryavanshi, Deputy Director General and Mr. L. Vishvakarma, Director, Geological Survey of India, Bhopal. 32. 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 as depicted in photos 1 to 4 and 5 to 8 annexures with the report. It is further observed that the deterioration is continuous in nature and can be managed with remedial measures. 33. It has been pointed out that 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.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]9. Mahakaleshwar Jyotirlingam has so much importance for spiritual and other gains, there is a constitutional duty to protect it as envisaged in Article 25, Article 26 read with Article 49, at the same time there is a fundamental duty Under Article 51A of the Constitution to promote harmony and the spirit of common brotherhood as provided in Article 51A and to value and preserve the rich heritage of our composite culture. It is also the duty to strive towards excellence in all spheres of individual and collective activity as provided in Article 51A (a)-(j).11. There is a pious purpose of all the religious activities, no religion breeds hatred. It is in order to bring harmony and to understand basic human values and for self-realization and to visualize the concept of equality pilgrimages by the various Sections of people of various religions. Secularism is the basic structure of the Constitution that has to be given the meaning that is developing understanding and respect towards different religions. The essence of secularism is non-discrimination of people by the State on the basis of religious differences.14. The Government spends a huge amount on Kumbh/Simhasth Melas being organized at such places. Even otherwise, when there is a large number of a gathering of persons every day and in particular during melas and other festival times, State has obligation to provide the basic amenities to the pilgrims. It is the bounden duty of the Government to make proper arrangement to provide shelter places, for maintenance of law and order and to sanction the amount without fear of violation of the concept of secularism. Right to life includes mental and intellectual growth which is laid down in Shantistar Builders v. Narayan Khimalal Totame (1990) 1 SCC 520.   In P.G. Gupta v. State of Gujarat and Ors (1995) Supp 2 SCC 182, considering the International covenant on economic, social and cultural rights, food, clothing, and shelter have been held as part of Article 2115. There is a constitutional obligation to preserve the religious practices of all religions, culture and there is also a corresponding duty to act in that direction. Similarly, such acts which are necessary for the preservation of such historical monuments/deities. State is duty bound to spend the amount so that not only the archaeological, historical and ancient monuments are preserved but sanctum sanctorum, as well as the deity otherwise no useful purpose would be served by spending so much amount on Simhastha/Kumbh Melas in case deity, is itself permitted to be deteriorated as it has happened at other places particularly nearby Omkareshwar Jyotirlingam by offerings and rubbing it etc. has deteriorated and now barricades have been erected around the lingam and nobody is permitted to touch it. Same is true with respect to other important temples of which reports have been filed. It is apparent from the reports published about Omkareshwar that the administration had banned offering of milk, ghee, water, curd and other traditional materials to save the Jyotirlingam from further erosion. It is regrettable that we have not been able to preserve and protect our Jyotirlingas of immense importance and there was a proposal to install new Lingam at Omkareshwar in place of original. In 2006, also there was a report of erosion of Mahakaleshwar Jyotirlingam at Ujjain and it was feared that Jyotirlingam owing to the two vertical carvings had enough chances of splitting into three pieces in future. On the strength of a report of known scientist referred to therein, who had observed Jyotirlinga since 1953, in his opinion, if due care was not taken we will have to cut a sorry figure in future. Mahakaleshwar is the oldest Jyotirlingam out of dwadash (twelve) Jyotirlingams in the country. The main cause of constant erosion of Lingam was water and other impure material.16. News Report dated 7.7.2014 also reflects that Mahakaleshwar temple management wanted experts to check the erosion that was caused by impure puja materials like sugar, ghee, milk, and curd etc. It was regretted that suggestion to establish kiosk of Sanchi milk in temple corridor to ensure pure milk, ghee etc. to pilgrims was gathering dust. Devotees have no option but to purchase sub-standard and adulterated materials.17. As per the report on famous Mangalnath temple situated at Ujjain itself, there special Puja and Abhishekam is performed for Mangal Grih Shanti. The report indicates that District Administration has banned offering of sugar, vermilion as rubbing thereof was causing damage to the Shivling. Use of sugar had been banned with immediate effect as it was causing highest damage and use of other materials had also to be limited. Use of sub-standard and chemical contained vermilion and turmeric powder was also proposed to be checked and it was decided that herbal articles would be made available for pooja. It is regrettable that in temple of such immense importance the deities are being destroyed due to aforesaid impure materials of Puja which are being offered. A report dated 12.5.2014 had been placed on record indicating a ban on touching idol of Muktinath Lingam inside Muktinath Temple in Mustang district of Nepal. It was also mentioned that the Government team was working on a master plan for the development of Muktinath temple. Said temple is a holy place for Buddhists and Hindus.18. There are other reports placed on record with respect to the damage being caused to other important deities in the temple like Mahalaxmi Temple at Kolhapur and Bhoramdev Shivling at Kavardha in State of Chhattisgarh. Report of erosion of Shivling at Trimbakeshwar temple in Nasik, Maharashtra. The report indicates that erosion is due to use of excessive use of water etc.30. As it was noticed that 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 we have clarified that we have not interfered with the same. Aforesaid direction holds good for this order also and to be scrupulously observed by all concerned. The only objective of entertaining the writ petition on the aforesaid question was just to ensure that all the rituals which may be necessary be performed however to ensure that the Lingam does not deteriorate any further31. It is apparent from the report that 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.32. 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 as depicted in photos 1 to 4 and 5 to 8 annexures with the report. It is further observed that the deterioration is continuous in nature and can be managed with remedial measures33. It has been pointed out that 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.43. With respect to the method of lingarchan, i.e. the method of linga pooja, the 27th chapter of Ling Mahapuranm has been placed on record. That contains a detailed method of lingarchan running into 54 strotam. Apart from that Shiv Mahapuranam, Vayveey Sanhita containing details of Shastrokt Shiv Poojan method in twentyforth chapter has been placed on record.44. 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, as rightly pointed out, 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 these development work, Ujjain has come up. But at the same time very cause of all developments, the Lingam of Lord Shiva requires to be preserved, protected by way of preventive conservation methods.50. On merits, we find that 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 and Ors. v. State of M.P. (1987) MPLJ 668     which had been affirmed by this Court as SLP against it was dismissed.