SARIKA versus ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS
[2018] 4 S.C.R. 634, Supreme Court of India, 2018
Outcome: Disposed off
Segment: Arguments
Annexure R-1 and the
same is extracted hereunder :
    “Keeping in consideration the suggestions/objections and
recommendations of the Expert Committee constituted by the
Hon’ble Supreme Court and also in compliance of the order dated
13.10.2017 passed by the Hon’ble Supreme Court, the Temple
Management Committee hereby passes the following Resolution
covering point 1 to 24 of the suggestions/objections and
recommendations of the Expert Committee constituted by the
Hon’ble Supreme Court to protect and preserve the Mahakal
Shivlinga :-
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1. That the devotees shall be permitted a fixed amount of water
measuring 500 ml in an appropriate small pot per devotee for
Jalabhishek.
2. That the water for Jalabhishek shall be taken from the R.O.
machine installed during Simhastha, 2016, for which a connection
shall be provided near the Garbh Grih to maintain the pH value at
‘7’.
3. That at present during Bhashma Aarti, half of the lingam is
being covered with cloth but as per the directions, in fifteen days,
the whole of the Shivalingam shall be fully covered with a dry
cotton cloth during Bhasma Aarti.
4. That for Abhishek only up to maximum 1.25-liter mil/
panchamruit per devotee shall be permitted.
5. That after Jalabhishek by the lingam which is concluded by 5
P.M. every day. The Lingam shall be properly cleaned and dried
to minimize the water content and thereafter only dry pooja shall
be permitted every day.
6. At present captive sewerage, treatment technique is being used
for treatment and the same shall be continued till the sewerage
treatment plant is installed for which steps are being taken which
will require minimum one year time.
7. That rubbing of sugar powder on Shivlinga has been fully banned
and instead the use of Khandsari is being promoted.
8. That dryers and fans will be used to avoid moisture. Bel Patra
and flowers shall be used on the upper part of shivling to avoid
any obstruction in natural breathing of stone.
9. That the crowd management shall be strictly followed as done
on
big festivals namely Simhashtha, 2016, Mahashivratri,
Nagpanchmi and month of Shravan where maximum crowd
appears on those holidays and weekends. During such time the
committee is using barricades for dong Darshna from outside the
main Garbhgrih and limited devotee are also permitted in the
garbhgrih at a time. Similar arrangement shall be ensured on normal
days also.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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   Various IT proposals have been received to use technology
for effective crowd managing strategies, e.g. IT based queue
management.
10. That all possible efforts shall be taken to maintain an ambient
temperature of the lingam room (Grabhgarh) at 17-20 degree
Celsius. The Garbhgrih shall be kept dry, neat and tidy. Further,
an AUTOMATIC CLIMATE CONTROL SYSTEM using
sensors shall be fitted in Garbhgrih to give information about
temperature and humidity which shall help in effective regulation
and monitoring of environmental factors.
11. That damaged area of marble flooring and sealing of joints
etc. shall be repaired within a period of six months.
12. That all efforts should be made for creating of heritage cell
and for restoration/repairs and maintenance of all items of historical
importance. Steps are being taken for the structure and role of
the heritage cell.
13. To preserve antiques in premises of temple nameplates are
being affixed in front of various small temples mentioning the names
of the temples and their era etc.
14. It shall be ensured that no new significant construction is carried
out in temple premises but so far as the convenience and smooth
passage in the premises is concerned construction will be done
with a due permission of the competent authorities.
15. It The application that in order to implement the above resolution
a minimum period from one month to one Year may be sought
from the Hon’ble
Supreme Court.”
ORDER DATED 27.10.2017
27. Following is the relevant portion of the order was passed by
this Court on 27.10.2017 :
     “During the course of hearing on behalf of respondent No.1-
Shri Mahakaleshwar Mandir Committee, a copy of the Resolution
that has been unanimously passed on 26‘“ October 2017 has been
placed on record. It is stated that Resolution No.1 to 8 are being
implemented.
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     Mr. Ashok Chitale learned senior counsel for the petitioner
has raised objections to some of the Resolutions that have been
passed and seeks time to file reply/suggestions which would be in
the interest of all. Let the suggestions be filed by the petitioner
and other respondents, if any, within a period of fifteen days from
today. Reply thereto may also be filed by the Temple Committee
within next seven days.
      Geological Survey of India and Archeological Survey of India
may also submit their proposals within a period of fifteen days
from today on the basis of the resolution that has been passed by
respondent No.1 on 26.10.2017 and objections/suggestions to the
aforesaid resolution.
     List on 30th November 2017.”
RESPONSE 
OF 
EXPERT 
COMMITTEE 
TO 
THE
RESOLUTION DATED 26.10.2017 OF THE TEMPLE
COMMITTEE:
28. With respect to the resolution passed by the Temple Committee
dated 26.10.2017, the Expert Committee appointed by this Court of ASI
and Geological Survey of India has submitted the following suggestions:
   “The Expert Committee has gone through the resolution
passed by the temple committee and submitting following
suggestion:
  We have described in our original report that many
offerings including Jal used during the rituals of abhisheka
are the main cause of deterioration to the Jyotirlingam. We
have suggested all offerings of the material to be symbolic in
nature with pure quality and treated water of potable quality
with pH value
range from 6.8 to 7.2 to minimize the adverse
effect.  Apart from this, the periodical monitoring and proper
management of these crucial parameters are required to
manage this problem.
   Suggestions/ Objections on the resolution passed by the
temple committee are as below:
Resolution of temple Committee:
  Keeping in consideration the suggestions/ objections and
recommendations of the Expert Committee constituted by the
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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Hon’ble Supreme Court and also in compliance of the order
dated 13.10.2017 passed by the Hon’ble Supreme Court, the
Temple Management Committee hereby passes the following
Resolution covering point 1 to 24 of the suggestions/
objections and recommendations of the Expert Committee
constituted by the Hon’ble Supreme Court to protect and
preserve the Mahakal Shivlinga:-
1. That the devotees shall be permitted a fixed amount of water
measuring 500 ml in an appropriate small pot per devotee
for Jalabhishek.
Expert Committee’s comment: Agrees
2. That the water for Jalabhishek shall a  from the R.O.
machine installed during Simhastha, 2016 for which a
connection shall be provided near the Garbh Griha to
maintain the pH value at ‘7’.
Expert Committee’s comment: Agrees
Suggestions: The pH value of jalabhishek water may vary
as per variation in the source of supply of water which
has to be controlled by treatment ranging from 6.8 to 7.2
pH, but a periodical monitoring may be done for
maintaining the above-mentioned range.
3. That at present during Bhashma Aarti, half of the lingam is
being covered with clothThe similar but as per the
directions, in fifteen days, the whole of the Shivalingam
shall be fully covered with a dry cotton cloth during Bhasma
Aarti.
Expert Committee’s suggestion: Due to bhasma aarti ash
particle retained in the pits over the lingam will react with
water and increase its pH value, resulting aggravate
the
corrosion process of the lingam, therefore, the lingam
should be fully covered with thick cotton cloth/ transparent
polyfilm during bhasma aarti. The Lingam should be
thoroughly cleaned after Bhasma aarti and ensure that all
residual ash particle should be removed from the lingam,
then only jalabhishek with clean and potable water with
pH value range from 6.8 7.2 may be allowed.
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4. That for Abhishek only up to maximum 1.25-litre milk/
panchamruit per devotee shall be permitted.
Expert Committee’s suggestion:
   That for Abhishek only up to maximum 1.25-litre milk/
panchamruit per devotee are appropriate, but during the
rush time and special occasions such amount may increase
enormously, therefore, it is suggested that the quantity may
be reduced to symbolic in nature.
5. That after Jalabhishek of the lingam with is concluded by
5 P.M. every day. The Lingam shall be properly cleaned
and dried to minimize the water content and thereafter only
dry pooja shall be permitted every day.
Expert committee’s comment: Agrees.
6. At present captive sewerage, treatment technique is being
used for treatment and the same shall be continued till the
sewerage treatment plant is installed for which steps are
being taken with will require minimum one year time.
Expert committee’s suggestion: Kotiteerath water may be
treated periodically and ensure that rainwater of the temple
premises, as well as drain off water from the temple
premises, should not be drained into the pond and
contaminate the kotiteerath pond.
7.  That rubbing of sugar powder on Shivlinga has been fully
banned and instead the use of Khandsari is being
promoted.
Expert Committee suggestion: rubbing of any offering
material may be banned to stop further abrasion of the
lingam. A devotee may be allowed to offer their offering
symbolically but shall not be allowed to rub any material
over the lingam.
8. That dryers and fans will be used to avoid moisture.
Belpatra and flowers shall be used on the upper part of
Shivling to avoid any obstruction in natural breathing of
stone.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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    Expert Committee’s comment: Agrees
9. That the crowd management shall be strictly followed as
done on big festivals namely Simhashtha, 2016,
Mahashivratri, Nagpanchmi and month of Shravan where
maximum crowd appears on those holidays and weekends.
During such time the Committee is using barricades for
dong Darshna from outside the main Garbhgrih and limited
devotee are also permitted in the Garbhgrih at a time.
Similar arrangement shall be ensured on normal days also.
    Various IT proposals have been received to use technology
for effective crowd managing strategies, e.g. IT based queue
management.
Expert committee’s comment: Agrees
10.That all possible efforts shall be taken to maintain an
ambient temperature of the lingam room (Grabhgrah) at
17-20 degree Celsius.  The Garbhgrih shall be kept dry,
neat and tidy.  Further, an AUTOMATIC CLIMATE
CONTROL SYSTEM using sensors shall be fitted in
Garbhgrih to give information about temperature and
humidity which shall help in effective regulation and
monitoring of environmental factors.
Expert committee’s comment: Agrees
11. That damaged area of marble flooring and sealing of joints
etc. shall be repaired within a period of six months.
Expert committee’s comment: Agrees
12.That all efforts should be made for the creation of heritage
cell and for restoration/ repairs and maintenance of all
items of historical importance.  Steps are being taken for
the structure and
role of the heritage cell.
Expert committee’s comment: Agrees
13.To preserve antiques in premises of temple nameplates are
being affixed in front of various small temples mentioning
the names of the temples and their era etc.
Expert committee’s comment: Agrees
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14. It shall be ensured that no new significant construction is
carried out in temple premises but so far as the convenience
and smooth passage in the premises is concerned
construction will be done with a due permission of the
competent authorities.
    Expert committee’s 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 Hon’ble Supreme Court.
Expert committee’s 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
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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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 somebody’s 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.
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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.
34. Some unwarranted restoration work has also been noticed by
the Committee in para 21. That should be looked after and remedial
measures should be taken as suggested in the report.
35. In para 22 certain new constructions have been pointed out.
Let the conservation be carried out with the help of conservator and
experts of ancient architecture. Other suggestions have been made in
the report. Paras 1 to 24 of these are required to be looked into and
suitable remedial measures should be taken by the Temple Committee.
Remedial measures suggested in the report with respect to water quality,
maintaining the pH value from 6.8 to 7.2, cleaning of Jyotirlingam, also
requires to be observed in the best possible manner by the Committee
and ambient temperature be maintained from 17 to 20 degree Celsius.
Use of ghee, milk, curd, honey etc. be minimized.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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36. 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.
37. 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
(1) to save the Lingam by minimizing the flowers and offerings material.
(2) 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. (3) Temple Committee has also resolved
that during Bhasma Aarti also they will take appropriate steps which
may be permissible. (4) As permissible, use of ghee, milk, curd, and
honey shall be restricted per devotee. These materials shall be of ISI
standards. (5) Lingam shall be properly cleaned and dried after Puja. (6)
Expansion of drainage system was under process and be completed at
the earliest. (7) Rubbing of sugar powder on the Lingam shall be banned.
(8) It would be ensured that there is no harm caused to the Jyotirlingam.
(9) There is a management plan to permit limited devotees at one time in
Garbh Griha so that there is no stampede. (10) They are ready to maintain
the temperature of garbhgriha from 17 to 20 degree Celsius. There should
be more air conditioners. (11) Damaged area of marble flooring and
sealing of joints shall be repaired. (12) Provision has to made for proper
circulation of air in garbh griha. (13) Arrangements for disposal of wastes
have to be improved.
38. Preventive conservation methods shall be used by the
Committee. Efforts shall be made to preserve the originality and antiquity
of the temple.
39. They have to also ensure that they will undertake necessary
steps for saving structure and life of devotees during Nagpanchmi. Let
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 as mentioned in para 22 of the report of the Experts
Committee, same have been accepted by the Committee. Let the
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Committee 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.
Let such cell be created at the earliest.
40. In compliance of the order dated 13.10.2017 the Committee
has passed various resolutions accepting various recommendation of
the Expert Committee quoted above. 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.
41. 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.
42. 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. Let the Committee consider the aforesaid 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 has also pointed out that
no new significant construction to be carried out in the temple premises
except so far as convenience and smooth passage in the premises is
concerned, let the resolutions be carried out and fully implemented as
resolved by the Committee on time bound basis for different stages within
one year.
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. 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.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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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.
45. 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 for the spiritual or other gains they would not
have even dreamt of doing it. Let the Temple Committee and other
stakeholders rise to the occasion and take positive steps in this direction
in reasonable time.
46. It was also pointed out that use of Bhang (cannabis) has been
started in recent past. It has been started 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. Let Committee
consider it with help of scriptures and experts.  How its use can be best
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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.
47. 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.
48. Let the Temple Committee also invite and consider various
views for further improvement of the temple. Let the Temple Committee
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.
49. Let a concrete plan be made by the Committee for further
improvement including its Gaushalas. Let 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.
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 & Ors. v. State of M.P. ILR (1991) MP 444 = (1987) MPLJ
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
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SUPREME COURT REPORTS
[2018]  4 S.C.R.
668 which had been affirmed by this Court as SLP against it was dismissed.
Hence no case for interference on merits is made out.
51. We appreciate the gesture to all concerned in acting with
positivity for the preservation of Lingam.  We direct the ASI and GSI
teams as has been constituted that has visited and had submitted the
report to make a visit in January 2019 and submit a report in this regard
with respect to the position of the lingam and improvements made as per
suggestions made in the report.
52. Before parting with the judgment, we would like to reiterate
that there should not be any misreporting of the Court’s order, as specified
in our 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 we have not interfered with religious
ceremonies to be performed in the Temple. Registry is directed to preserve
the original combined report of the Expert Committee as part of the
record as it is a valuable document.
53. The appeal is accordingly disposed of.
54. We appreciate the assistance rendered by Mr. Tushar Mehta,
the Additional Solicitor General of India, and all other counsel who
appeared in this case for various parties and also appreciate the gesture
of the experts of the Expert Committee.
Nidhi Jain
          Appeal disposed of.