SARIKA versus ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS

Citation: [2018] 4 S.C.R. 634 · Decided: 02-05-2018 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018]  4 S.C.R.
SARIKA
v.
ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR
COMMITTEE, UJJAIN (M.P.) & ORS.
(Civil Appeal No. 4676 of 2018)
MAY 2, 2018
[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]
Religious monuments: ‘Lingam’ at ancient Mahakaleshwar
Jyotirlinga temple in the Ujjain – Erosion of lingam caused by
water and other impure puja materials like sugar, ghee, milk and
curd etc. – Protection and preservation of lingam – Writ petition
and application seeking directions for preservation of lingam
and appointment of Expert Committee – Constitution of Expert
Committee of ASI/GSI by this Court to submit a report on
deterioration of Lingam and its conservation – Submission of
suggestions, recommendations and remedial measures by Expert
Committee – Pursuant thereto, temple committee passed few
resolution to protect and preserve the Lingam – Report of the
Expert Committee and the resolutions – Thereafter, notice
displayed on the notice board by the managing committee of the
temple indicating that this Court had directed the manner in
which the religious ceremonies have to be performed in the temple
– Held: Misrepresentation was being made with respect to the
order passed by this Court – There is no interference on merits or
with the religious rituals to be performed in the temple during Pooja
– All the necessary rituals may be performed however to ensure
that the Lingam does not deteriorate any further – Puja to be
performed in such a manner befitting to the deity – Remedial
measures should be taken as suggested in the report – Conservation
be carried out with the help of conservator and experts of ancient
architecture – Resolutions made by temple committee to be
implemented – Temple Committee to decide the rituals, material used
as also prepare/manufacture the offering material in the purest form
– ASI/GSI teams to submit report and improvements made –
Constitution of India – Art. 25, 26 rw Art. 49, 51A.
[2018] 4  S.C.R. 634
                                              634
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Constitution of India: Art. 25, 26 read with Art. 49, Art. 51A
– ‘Lingam’ at ancient Mahakaleshwar Jyotirlinga temple in the
Ujjain – Erosion of lingam caused by water and other impure
puja materials – Protection and preservation of lingam – Held:
Mahakaleshwar Jyotirlinga has so much importance for spiritual
and other gains – There is a constitutional and fundamental duty
to protect it, to promote harmony and spirit of brotherhood and
to value and preserve the rich heritage of our composite culture
– 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 – State duty bound to spend the amount
so that not only the archaeological, historical and ancient
monuments are preserved but sanctum sanctorum, as well as deity
is preserved.
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]
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.)
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SUPREME COURT REPORTS
[2018]  4 S.C.R.
1.3 The water ana

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