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

Civil Appeal · 2018 INSC 442Decided 2 May 2018
Civil Appeal No. 4676 of 2018
Justice Arun Mishra · Justice Uday Umesh Lalit

Background

The appellant raised concerns, taken up by the Supreme Court as a matter of public importance, about progressive physical erosion and damage to the ancient Mahakaleshwar Jyotirlinga (a revered Shiva idol) in Ujjain, caused over decades by devotees' offerings (milk, chemical-laden substances, cannabis/bhang) and the practice of physically rubbing and massaging the lingam during worship rituals. A Single Bench of the Madhya Pradesh High Court had earlier passed orders on the matter, which a Division Bench of the same High Court set aside; the appellant challenged that Division Bench ruling before the Supreme Court. Experts from the Archaeological Survey of India (ASI) and Geological Survey of India (GSI) were deputed to study the erosion and submitted detailed reports and recommendations, which the Temple Committee largely accepted through formal resolutions.

Decision Breakdown

The Supreme Court held that it would not interfere on the legal merits of the High Court's order, since the Division Bench had correctly relied on an earlier precedent (Ramchandra Mangilal v. State of M.P.) that had itself been upheld by the Supreme Court. However, going beyond the narrow legal question, the Court used its continuing supervisory role over the matter to endorse and reinforce the ASI/GSI expert recommendations the Temple Committee had already adopted, directing periodic treatment of the Kotiteerath Pond, phasing out direct physical rubbing of offerings on the lingam in favour of symbolic offerings, creation of a Heritage Cell for conservation, use of pure/unadulterated pooja materials manufactured by the temple itself, and a further ASI/GSI inspection and report in January 2019. The Court was explicit that it was not dictating religious rituals or restraining temple practices, it was solely concerned with scientifically preventing physical damage to the idol, and directed that its orders not be misreported. The appeal was accordingly disposed of.

Lesson Learnt

Courts can oversee the preservation of a protected heritage monument and mandate scientific, expert-driven conservation measures without crossing into regulating religious doctrine or rituals themselves: the two are kept legally separate even when they concern the same physical object of worship.

Official source (sci.gov.in)View Judgment (PDF)

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