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

3. Mahakaleshwar is an ancient temple of Lord Shiva.Preservation of Mahakaleshwar Linga:4. This Court has primarily entertained the petition vide order dated 5.5.2017 as it transpired that the idol of Lord Shiva in the form of Lingam is in danger due to various causes and it has deteriorated as such notice was issued to ensure its preservation.Omkareshwsar Jyotirlingam is situated nearby Ujjain. In this regard, newspaper report dated 15.11.2006 as to Mahakaleshwar Jyotirlingam has also been filed6. Following is the report dated 15.11.2006 published in the newspaper UNI:Published: Wednesday, November 15, 2006, 11:40 [IST]Indore, Nov 15 (UNI) Jyotirlingam of Lord Mahakal at temple town Ujjain is gradually getting eroded. More than 30 square cm scalp of the holy lingam has come out with nearly 7-8 mm thickness from the eastern side along with 3-4 similar circular patches, having 2-2.5 cm diameter and 6.5 mm depth, just above the bigger patch. The entire holy lingam is having geological scaling on the western side. Two vertical carving has raised concern that the lingam will have enough chances of splitting into three pieces in futureDr. Ram S Shrivastava, a known scientist closely observing the holy lingam since 1953, is convinced that if due care was not taken then we will have to cut a sorry figure in future. He said the Mahakal was the oldest Jyotirlingams out of 12 Jyotirlingams in the country and the only one facing south. The Mahakal temple was destroyed by Sultan Shamsuddin Iltutmish of Delhi in 1235 and it was later restored by the Scindias in the 19th centuryThere is a 5,000-year-old record available for worships. It is believed that the Jyotirlingam was found inside the Koti Teerth Kunda in the Mahakal campus and the temple was first constructed by King Vikramaditya. Dr. Shrivastava said one of the reasons for erosion could be pouring of chlorinated water-nearly 25,000 litres a day-besides about 80 pundits from 16 Brahmin families massaging the lingam on rotation basis using Bhat Shringar, Bhang Shirngar etc. Milk and other offerings could be accounted in tonnes. Almost every visitor touched the holy shrine and often rubbed and pressed it during prayers.7. Yet another report dated 7.7.2014 about banning of offerings of sugar, ghee, milk, curd etc. in the temple at Ujjain has been placed on record. That management wanted experts to check erosion of Jyotirlinga of Mahakaleshwar Temple at Ujjain. Following is the report dated 7.7.2014:Mahakal management wants experts to check erosion of jyotirlingaTNN | Jul 7, 2014 11.42 AM ISTUJJAIN: Mahakaleshwar temple administration has written a letter to the commissioner of state archaeology department to send a team of experts to examine reported erosion in treasured stone jyotirlinga at the templeDistrict collector and temple committee head BM Sharma told newspersons on Saturday that steps needed to prevent the erosion would follow the report and suggestions of experts expected to visit the temple shortlyThe issue of erosion of Shivling has been in news for over a decade, prompting the issuance of guidelines. But norms were not implemented. It has been reported several times that use of impure puja materials like sugar, ghee, milk, curd, and Ors. is causing erosion in two-and-half-feet high shivling. The administration even restricted the use of these materials to 1.25 liter per devotee a few years ago, but it was not controlled and monitored. Similarly, a suggestion to establish kiosk of Sanchi milk in temple corridor to ensure pure milk, ghee to pilgrims, is gathering dust. The shops outside the temple are selling sub-standard puja materials and devotees have no option but to buy themThe shivling at Mahakal is much in height compared to jyotirlinga at Onkareshwar temple in Khandwa district and the administration there a few months ago the restricted use of panchamruit material to avoid the erosion. Use of sugar granules is already banned in other Mangalnath temple in Uijain and devotees have been asked to use powdered sugar.Reasons for decay and conservation of heritage monument have also been placed on record.       We had initially called the suggestions from Temple Committee itself for preservation of LingaINITIAL SUGGESTIONS OF TEMPLE COMMITTEE       19. In compliance of the order dated 5.5.2017 passed by this Court the Temple Committee has filed following suggestions:in compliance of the same the committee sought a report from the Department of Geology, Vikram University, Ujjain, Prof. P.K. Verma, Professor of Applied Geology submitted the report. Hereto annexed and marked as ANNEXURE R-1/3 is the true and correct copy of the report dated 11.06.20173. It is submitted that as per the report of Professor Verma dated 11.06.2017, the corrosion of Shivlinga is mainly due to touching of Shivlinga with a variety of impure puja material including adulterated milk, curd, sugar, sugarcane juice, flowers etc during Abhishek or other special pooja which are performed regularly, since time immemorial4. Though, as per the observation of Professor Verma, the process of chemical reaction is supposed to be of very low intensity, practically negligible. The other constituents (other than silica) of the rock, however, are vulnerable to such impure/adulterated pooja materials. He had suggested that these chemical reactioncorrosion can be reduced by avoiding usage of the impure or chemically adulterated pooja materials over ShivlingaHereto annexed and marked as ANNEXURE R-1/4 is the true and correct copy of the minutes of the meeting dated 13.06.2017That the said proposal has been accepted by the committee for implementation and the temple committee is accordingly taking steps to protect the Shivlinga. The above proposal is according submitted before the Honble Court.REPORT BY PROF. PRAMOD K. VERMA DATED 11.06.201720. A Report by Prof. Pramod K. Verma dated 11.6.2017 has also been filed by the Committee in the form of Annexure R-1/3, which is as under:JAI SHRI MAHAKALThis brief description comprises visual observation of Lord Mahakaleshwara Shiv Linga for its potential erosion due to pooja offerings by devoteesBy an invitation from Mahakaleshwara Mandir Samiti, I along with Dr. Awadesh Bhatt visited the Lord Mahakaleshwar Temple on 08th June 2017 at 2:00 pm for performing the above task. For obvious reasons, it was possible to have an only limited observation and thus, only torch and hand lens was usedThe following observations were made:1. The Sacred Shiva Linga is approximately 2 feet in diameter and 2 feet in height2. The Shiva Linga is made up of Sandstone (looks very similar to Vindhya Sandstone which occurs in the nearby areas)3. The sandstone is of arenaceous in nature with the major percentage of quartz clasts of the size generally less than 2 mm. The clasts are clearly visible through a hand lens4. The other clast material appears to be feldspar (orthoclase) giving the rock a typical pinkish colour5. The matrix is also of an almost similar composition6. The cementing material is mostly siliceous. However, a small amount of calcareous/feldspathic (not distinguished by lens observation) cementing materials is also present7. The cementing material other than siliceous matter is likely to undergo dissolution when exposed to the acidic environment. As a result, there may develop tiny depressions (or pits) over the Shiva Linga8. The depressions or pits may occur when adulterated/impure pooja materials are offered over Shiva Linga during Abhisheks. The corrosion, in the long run, may occur due to touching of Shiva Linga with a variety of impure pooja materials including adulterated milk, curd, sugar, sugarcane juice, flowers etc during Abhishek or other special pooja which are performed regularly10. Once even a small pit is formed, these materials may get into the rock and, may try to loosen the bonding by various chemical processes11. As the rock is largely composed of a siliceous material, the process of chemical reaction is supposed to be of very low intensity, practically negligible. The other constituents (other than silica) of the rock, however, are vulnerable to such impure/adulterated pooja materials12. A more systematic and scientific investigation may be needed to come to a firm conclusion13. Nonetheless, at this stage, it is suggested that impure or chemically adulterated pooja materials must be avoided by offering over Shiva Linga.The Minutes of the Meeting dated 13.6.2017 of the Temple Committee have also been placed on record vide R-1/4. The relevant portion is extracted hereunder:SHRI MAHAKALESHWAR MANDIR SAMITI, UJ-JAINMINUTES OF MEETING DATED 13.06.2017Today a meeting was held in the Administrative office of Mahakaleshwar Temple under the Chairmanship of Shri S.S. Rawat, Administrator, and Joint Collector, with regard to as to how Lord Mahakaleshwar Jyotirlinga can be best protected. The following members were present:Shri Mahakaleshwar Mandir Samiti UjjainCONSTITUTION OF COMMITTEE OF ASI/GSI BY THIS COURT22. This Court vide order dated 25.8.2017 had constituted a Committee of two officers of the Archaeological Survey of India and two officers of the Geological Survey of India to submit the report. Following is the relevant extract of the order:proposal has been submitted by Mr. Tushar Mehta, learned ASG for a constitution of an Expert Committee and to nominate the names of two officers of Archaeological Survey of India and two officers of Geological Survey of India. It is submitted by Mr. Mehta that the officers are experts in the fieldThe Union of India shall bear the expenses of the Committee so formed. The Committee to study/survey/analyze/examine Mahakaleshwar Jyotirlingam of Ujjain (MP) and to prepare a report containing the rate at which the deterioration in the size of Lingam is taking place, if any, and the measures/steps/precautions to he taken to ensure that this deterioration/shrinkage of the Lingam stops. Let the Committee also study the other structures and also the temple and submit what steps are required to be taken to overall improve the entire premises and for its preservationLet the Committee make a study and report seeing as how much deterioration of Lingam has taken place during the last three-four decades and what remedial steps have to be another partLet the Committee submit a report be within a period of four weeks from today. A copy of the report as and when submitted be furnished to the learned Counsel for the parties. We request the Administrator to extend fullest co-operationList the matter on Tuesday i.e. 03.10.2017.REPORT BY EXPERT COMMITTEE OF ASI/GSI23. Following is the report (excluding photographs) submitted by the aforesaid Experts of ASI and GSI:1: Madan Singh Chauhan, Regional Director, A.S.I., Central Region, Bhopal2: Dr. V.K. Saxena. Director (Science), A.S.I., Science, Branch Dehradun3: Hemraj Suryavanshi, Dy. Director General, GSI, Bhopal4: L.L. Vishwakarma, Director (G.S.I.), BhopalThis report is being submitted to the Additional Solicitor General of India by the Committee Members of Archaeological Survey of India (ASI) and Geological Survey of India. Conservation status and the causes of decay/deterioration of the Jyotirlinga in general on the basis of his knowledge of the subject and experience in the fieldThe report is divided into 4 (Four) Chapters1st Chapter of the report deals with the archaeological and religious significance of the Mahakal temple and need for its proper maintenance and restoration made by Madan Singh Chauhan, Regional Director, ASI, Central Region, Bhopal2nd Chapter of the report deals with the general observations made by Dr. V.K. Saxena, Director (Science), ASI with respect to the overall decay/deterioration of the Jyotirlinga on the basis of his knowledge of the subject and experience in the field3rd Chapter deals with the Geo-scientific study of the Shivalinga made by Hemraj Suryavanshi Dy. Director General and L.L. Vishvakarma, Director, Geological Survey of India, Bhopal1: -RELIGIOUS AND ARCHAEOLOGICAL SIGNIFICANCE OF UJJAIN AND MAHAKAL TEMPLE1.2: Religious and historical significance1.3: Prevalence of tangible and intangible heritage in Ujjain1.5: Mahakal temple and premise1.6: Condition of garbhagriha and shivalinga1.7 A: Shivalinga, modification, and effectB: Morning worship and material used in the worship2: NATURAL (PHYSICOCHEMICAL) WEATHERING OF STONE WITH REFERENCE TO MAHAKAL JYOTIRLINGA2.1 General Chemical Characteristics of Some of the Offerings Used During Rituals:• Dahi or curd• Homemade deshi Ghee• Sandal or Chandan• Abir or Gulal• Kanku or Kumkum• Bhasm/Ashes of cow dunks cake• Oil lamps, Dhoop or incense sticks2.2. Natural Weathering of sandstoneA: Water-A major cause of the decay of stoneB: Biological decay or Biodeterioration of stone2.3. Examination of the Mahakal Jyotirlinga and GarbhgrihaA: General Observation of the JyotirlingaB: Drainage facilities for the disposal of the liquids and solidsGEO-SCIENTIFIC STUDY OF JYOTIRLINGAM MAHAKALESHWER, UJJAIN3.2 Observation and studies of Jyotirlingam3.2.2 Studies based instrument3.2.2(a) Spectral studies by Spectroradiometer3.2.2(b) Portable XRF studies3.3 Water analysis by portable water analysis kit and ICP-MS Instruments3.4 Discussion and interpretation3.4.1 Extent of weatheringA: SUGGESTIONS AND RECOMMENDATIONSI. Worship Schedule and offering material of Jyotirlingam, Mahakaleshwer Temple, Ujjain

Court's reasoning:
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.