Supreme Court of India
MRINALINI PADHversusUNION OF INDIA & OTHERS
- Citation
- 2019 INSC 1202
- Decided
- 4 November 2019
- Disposal
- Directions issued
- Bench
- ARUN MISHRA
Holding
The Supreme Court held that, under Article 32, it may issue comprehensive directions to the State and temple authorities to ensure proper administration, preservation, and management of the Shri Jagannath Temple, including appointment of a full‑time Chief Administrator and necessary statutory amendments.
Summary
The petition under Article 32 sought a court‑ordered investigation into the disappearance of the keys to the Ratna Bhandar of Shri Jagannath Temple, Puri, and directions for the preservation, management and inventory of the temple’s valuables, as well as provision of express darshan for devotees. The Supreme Court, having previously directed the District Judge to submit reports and appointed an amicus curiae, examined extensive material including the District Judge’s report, audit findings, committee recommendations and suggestions of the Jagadguru Shankaracharya. It observed chronic mis‑administration, lack of disciplinary control and inadequate facilities for pilgrims, sevaks and the temple premises. The Court therefore directed the State to appoint a full‑time Chief Administrator, to prepare inventories of immovable and movable property, to implement hygiene, security, accommodation, waste‑management and queue‑system measures, and to amend the relevant temple Acts to empower disciplinary action against errant sevaks. It also ordered the establishment of schools for sevak children, a foundation fund, and regular progress reports to be filed within eight weeks. The petition was disposed with these comprehensive directions, without ordering a separate criminal investigation.
Issues considered
- Whether the Supreme Court can, under Article 32, direct an investigation into the disappearance of the keys to the Ratna Bhandar of Shri Jagannath Temple.
- Whether the Court can order the preparation of an inventory of the temple’s immovable and movable property and valuables.
- Whether the Court can direct reforms in the administration of the temple, including appointment of a full‑time Chief Administrator and amendment of the Puri Shri Jagannath Temple (Administration) Act, 1952 and Shri Jagannath Temple Acts, 1954/1955.
- Whether the Court can prescribe measures for pilgrim safety, hygiene, accommodation, waste management and a queue‑system for darshan.
- Whether the Court can direct the State to provide educational and welfare facilities for sevaks and their families.
- Whether the Court can require the State to submit periodic progress reports and inventories within a specified timeframe.
Legislation cited
Subjects
Article 32public interest litigationtemple administrationheritage conservationpilgrimage managementhereditary rightsreligious freedomhygiene and sanitationland acquisitioncourt‑ordered directions
Judgment
[2019] 16 S.C.R. 811 811
MRINALINI PADHI A
v.
UNION OF INDIA & OTHERS
(Writ Petition (Civil) No.649 of 2018)
NOVEMBER 04, 2019 B
[ARUN MISHRA, M. R. SHAH AND
S. RAVINDRA BHAT, JJ.]
Constitution of India:
Art.32 – Petition under – Seeking direction for investigation/ C
inquiry into the disappearance of keys to the ‘Ratna Bhandar’ of
‘Shri Jagannath Temple, Puri’ – Also sought direction for
appointment of expert committee to prepare report for preservation
and management of property and valuables of the Temple – Prayer
also made to provide express darshan to the devotees visiting the
D
temple – Supreme Court by order dated 8.6.2018 directed District
Judge to submit a report before the Court – By order dated
5.7.2008 report of District Judge was accepted and more directions
were issued by the Court – Further Amicus Curie submitted his
reports pursuant to the orders passed by the Court from time to
time – During the pendency of the petition, State Government E
decided to make land acquisitions so as to provide various facilities
to the pilgrims – Suggestions were also made by ‘Jagadguru
Shankaracharya’ – Held: There is total mal-administration and
chaos – No disciplinary control available – The Chief Administrator
is authorised for the time being, to take appropriate steps against
F
such servitors/incumbents who create obstruction in seva/puja/niti
and are involved in misbehaviour and misconduct against the
employees of the Temple Administration or with devotees – The
Temple Management Committee is directed to invite shrimad
Jagadguru Shankaracharya and other stakeholders and ensure
that nitis, puja and rituals are performed as prescribed, regularly, G
punctually without any remiss and obstruction – There is necessity
for qualified servitors in traditional nitis and rituals – Economic
welfare of the survitors needs to be taken care of – A lot is required
to be done for providing proper darshan – Safety of pilgrims also
needs to be ensured – Temple Administration and Temple police
H
811
812 SUPREME COURT REPORTS [2019] 16 S.C.R.
A are directed to ensure that – Identity cards should be issued to the
survitors and the staff – There is also need for setting up of schools
for children, accommodation for pilgrims, effluent treatment plant
and waste management system, separate toilets for male and female,
cloak room, motorcycle stand – Temple Managing Committee and
Temple Administration are also directed to ensure hygiene in
B
Rosaghar where Bhog for Diety is prepared and hygienic sale of
prasad – Sub-letting of seva/puja also needs to be prohibited –
Inventory is directed to be prepared as regards the immovable
property of the Temple – Temple management is directed to place
before Supreme Court as to what kind of inventory it has prepared
C with respect to valuables of the Temple – State Government is
directed to depute full time Chief Administrator – Archaeological
Survey of India is also directed to co-operate and to permit the
activities of improvement – Progress report and the decisions taken
need to be submitted in Supreme Court.
D Sarika v. Administrator, Shri Mahakaleshwar Mandir
Committee, Ujjain, M.P. & ors., (2018) 6 SCALE 651
– referred to.
Case Law Reference
(2018) 6 SCALE 65 referred to Para 1
E CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
649 of 2018.
[Under Article 32 of The Constitution of India]
With
M.A. No. 2053 and 2131 of 2019 in Writ Petition (Civil) No. 1094
F of 2019.
Ranjit Kumar, Sr. Adv. (A.C.).
Tushar Mehta, SG., Ashok Parija, AG, R. Balasubramaniam,
Mohan Parasaran, P. C. Mishra, Ms. Priya Hingorani, S. K. Padhi, Sr.
Advs., Nalin Kohli, Shibashish Misra, Ms. Janmeja Katikia, Anshul
G Gupta, Sachin Sharma, A. K. Sharma, Raj Bahadur, Gaurav Khanna,
S. Debabrata Reddy, Suvidutt M. S., Ms. Anu B., J. Sai Deepak,
Avinash Sharma, Arnav Behera, Ms. Shayree Chakravarty, B. K. Dash,
R. M. Patnaik, Himansu Yadav, Kush Chaturvedi, Prabhu Prasanna
Behara, Ms. Nirmalya Mohanty, Ms. Kalpataru Khuntia, Kaliyug
Harekrushna, Suvendu Suvashis Dash, Ashok Panigrahi, Anmol Tayal,
H
MRINALINI PADHI v. UNION OF INDIA & OTHERS 813
S. Vinay Ratnakar, Nawab Singh, Surender Deswal, Brijinder Singh A
Loomba, Jasmeet Singh, Amritpal Singh Khalsa, A. K. Mehta, Ms.
Neena Singh, Sahil A. Garg, Manish Tanwar, Tushar Chhabra,
Swetaketu Mishra, Sanjay K. Das, V. K. Monga, Debasis Misra,
Vishaal S. Jogdand, Suhas Kadam, Sreyas Gacche, Paul Kanakraj,
Jagdev, Ms. Pareena Swarup, Ms. Nanita Sharma, Dr. Sanatan Ray
B
Choudhari, Ms. Alpana Sharma, R. Sharath, Manav, Rajnish Kumar,
Choudhary Samsuddin Khan, Ms. Meera Bhatia, Jay Prakash Somani,
R. S. Jena, Pramod Rath, Venkatesh, Partha Sil, Tavish B. Prasad, Amit
Das, Ravi Prakash Mehrotra, Ankit Agarwal, Amartya Singh, Ravi
Prakash Mehrotra, Ramendra Mohan Patnaik, Amrendra Kumar
Mehta, Radha Shyam Jena, Lakshmi Raman Singh, Advs. for the C
appearing parties.
The Order of the Court was passed by
ARUN MISHRA, J.
D
1. The petition has been filed under Article 32 of the Constitution
of India to direct an investigation/enquiry into the disappearance of the
keys to the Ratna Bhandar of the Shri Jagannath Temple, Puri. It
has also been prayed that an inventory of the valuables stored at the
Ratna Bhandar of Shri Jagannath Temple, Puri be taken and to direct E
appointment of an expert committee to submit a report to this Court
for preservation and management of property and valuables of Shri
Jagannath Temple. Prayer has also been made to provide express
darshan to all the devotees visiting Shri Jagannath Temple, Puri.
Reliance has been placed on the decision of this Court in Sarika v. F
Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain,
M.P. & ors., 2018 (6) SCALE 651 (Civil Appeal No.4676 of 2018).
2. While entertaining the petition, this Court has passed an order
on 8.6.2018, directing District Judge, Puri a submit a report. Later on,
G
vide order dated 5.7.2018, in addition to order dated 8.6.2018, some
more directions were issued and were summed up as follows:
“19. We may sum-up our directions in today’s orders, in addition
to the orders dated 8.6.2018, as follows:
H
814 SUPREME COURT REPORTS [2019] 16 S.C.R.
A i) Report of the District Judge dated 26.6.2018 is accepted
in principle and action to be taken by the temple
administration.
ii) District Judge, Puri may send further report, if any by
31.8.2018, preferably by e-mail.
B iii) The State Government may submit report of the
Committee constituted by it on or before 31.8.2018.
iv) The Central Government may constitute its Committee,
as already directed, within two weeks from today and
place its interim report on record of this Court on or
C before 31.8.2018.
v) Copy of the Report of the District Judge may be placed
on the websites of the temple management, Ministry of
Culture and website of the Supreme Court for two
weeks.
D
vi) The directions in the order dated 8.6.2018 may be
complied with by all concerned and non-compliance
thereof may be reported to this Court for appropriate
action if necessary.
vii) The temple management may consider, subject to
E
regulatory measures, with regard to dress code, giving
of an appropriate declaration or compliance with other
directions, permitting every visitor irrespective of his
faith, to offer respects and to make offerings to the deity.
viii) We have noted that Hinduism does not eliminate any
F
other belief and is eternal faith and wisdom and
inspiration of centuries, as noted in earlier judgments of
this Court.
ix) Difficulties faced by the visitors, deficiencies in
management, maintenance of hygiene, appropriate
G utilization of offerings and protections of assets with
regard to shrines, irrespective of religion is a matter for
consideration not only for the State Government, Central
Government but also for Courts. Every District Judge
throughout India may examine such matters himself or
H through any court under his jurisdiction and send a report
MRINALINI PADHI v. UNION OF INDIA & OTHERS 815
[ARUN MISHRA, J.]
to the concerned High Court so that such report can be A
treated as PIL on the judicial side and such direction
may be issued as may be considered necessary having
regard to individual fact situation.
x) Learned amicus is at liberty to engage with all
stakeholders and to give suggestions for bringing about B
improvements and also to give a report to this Court.
However, this will not stand in the way of the Committee
of the State Government, Committee of the Central
Government or any District Judge considering matters
in terms of above directions.”
C
3. This Court vide order dated 9.1.2019, has appointed Shri Ranjit
Kumar, learned Senior Counsel as Amicus Curiae and Ms. Priya
Hingorani, learned Senior Counsel was requested to assist him in the
matter. Learned Amicus Curiae has submitted interim reports pursuant
to the orders which have been passed by this Court from time to time.
D
During the pendency of the writ petition, the State Government has
decided to make certain land acquisitions so as to provide various
facilities to the pilgrims such as building of watch tower, an evacuation
plan, widening of roads, etc. A Cabinet of the State Government of
Orissa has taken a decision, which has been gazetted on 27.8.2019.
Thereafter, as the instructions had been issued by the State Government, E
there was some unrest for the time being which has been settled. We
had requested the Amicus Curiae to make a site visit and submit a
report. They have submitted their report.
4. We have heard the learned Counsel for the parties and have
considered various reports. We are happy to place it on record that F
the learned Counsel appearing at the Bar expressed satisfaction that
the action is being taken by the State Government as per the Resolution
dated 27.8.2019.
IN RE: REPORT OF DISTRICT JUDGE, PURI
G
5. The District Judge, Puri has submitted the report along with
various documents pursuant to order dated 8.6.2018. Following
Annexures have been filed:
“Annexures
A-I Sketch Map of Shri Jagannath Temple, Puri. H
816 SUPREME COURT REPORTS [2019] 16 S.C.R.
A A-II Sketch Map of different locations in Shri Jagannath
Temple, Puri.
A-III Sketch Map of Shri Jagannath Temple with indication
of five rows of queue of Darshan of the Jews in Shri
Jagannath Temple.
B
B. Proposed and Existing C.C.T.V. Cameras.
C. List of cases against Sevaks.
D. Statement of Sanctioned Post, present strength and
vacancy position in Shri Jagannath Temple, Puri as on
C March 2018.
E. Fund Management of Shri Jagannath Temple, Puri.
F. Audit Report of the Accountant General, Odisha of the
accounts of Shri Jagannath Temple, Puri for period April
2009 to September, 2015.
D
G. Relevant Extracts of the Record-of-Rights prepared
under the Puri Shri Jagannath Temple (Administration)
Act, 1952 Part-I and Part-II.
H. List of Sevaks and Palia Awards.
E J. Number of Hundi installed in Shri Jagannath Temple
premises, Puri.
K. Relevant extracts of report of Shri Jagannath Temple
Administration Improvement Committee.
F L. Relevant extracts of report of the Commission of Inquiry
by Justice B.K. Patra, Former Judge, Orissa High Court.
M. Recommendations of the Hon’ble Shri Justice P.K.
Mohanty, Commission of Inquiry.
N. Recommendations in the interim report dated 20-04-2017
G of the Commission of Inquiry into the affairs of the Shri
Jagannath Temple, Puri.
P. The Puri Shri Jagannath Temple (Administration) Act,
1952.
H Q. Shri Jagannath Temple Act, 1954.”
MRINALINI PADHI v. UNION OF INDIA & OTHERS 817
[ARUN MISHRA, J.]
6. The audit report of the Accountant General, Odisha has also A
been filed as Annexure-F on following various aspects:
1. Fund Management;
2. Estate Management;
3. Project Management; B
4. Financial Management;
5. Utilisation of Grants-in-Aid;
6. Unrealistic Budget;
C
7. Submission of Inflated Utilization Certificate (UC) in
excess of actual expenditure;
8. Contract Management;
9. Human Resource Management;
D
10. Miscellaneous observations as to jewellery and
ornament, non-maintenance of Asset register, non-
maintenance of subsidiary Registers, non-preparation of
Report on administration of the affairs of Shri
Jagannath Temple etc.; and
E
11. Limitation to Audit
7. Annexure-K is the report of the Committee headed by Shri
B.D. Sharma, Ex-Governor for the State of Orissa for improvement of
the temple in which certain recommendations have been made including
accommodation and other facilities to the pilgrims. It was recommended F
that accommodation for 60,000 pilgrims should be provided by the
Temple Administration. To start with, accommodation for 10,000 pilgrims
should be provided as early as possible. With respect to the management
of the existing properties and augmentation of income of the Temple,
certain recommendations were made in Chapter III. Recommendations
have also been made with respect to Sevapuja, Nitis, appointment of G
Sevaks and their conditions of service and subsidiary shrines. In Part
III, recommendations were made as to accommodation and other
facilities to the pilgrims and devotees. It was recommended that
accommodation for 60,000 pilgrims should be provided by the Temple
Administration and to start with, accommodation for 10,000 pilgrims, H
818 SUPREME COURT REPORTS [2019] 16 S.C.R.
A should be provided as early as possible. With respect to import of the
record of rights and daily nitis, recommendations were made in
Chapters XXIII and XXIV respectively. Main cause for delay in
performance of Nitis and the remedy therefor had been dealt with in
Chapter XXV. Certain irregularities in the preparation of Kotha Bhog
were dealt with in Chapter XXVI. In Chapter XXVII, it was
B
recommended that Temple should take possession of Rosaghar Ovens.
Certain nature of disputes, which hold back Nitis were mentioned in
Chapter XXVIII. Economic condition of servitors and their numbers
to be reduced were mentioned in Chapter XXIX. The aspect with
respect to reforms in the system of puja and performance of nitis,
C was dealt with in Chapter XXXI of the report. With respect to the
constitution of Managing Committee, certain recommendations were
made in Chapter XXXII. Appointment of Administrator was dealt with
in Chapter XXXIII. Sarbasadharan Darsan and the queue system
were dealt with in Chapter XXXV. Paramanik Darsan and special
sevas were dealt with in Chapter XXXVII. Suggestions for augmenting
D
the income of the Temple was dealt with in Chapter XXXVIII. In the
report, reference was also made to transport, dairy farm, lease of other
rights and properties, land and buildings of Lord Jagannath situated
outside the district of Puri and outside the State of Orissa. Certain other
suggestions were made in Chapter XXXIX regarding training of Sevaks,
E sanitation, publicity, etc. In Chapter XL, a summary of recommendations
was made, which is as under:
“CHAPTER XL
SUMMARY OF RECOMMENDATIONS
F 257. The practice of the Charcha staff going to call the Sevaks
on their Pali day should be stopped. It should be sufficient if the
intimation to the concerned Palia Sevaks is given on the day
preceding (Chapter XXIV).
258. Suars should be prevented from offering any Baradi or Bikri
G
Bhog at the time of the four main Dhups. To ensure this, the
Merda Roso should be commissioned and utilised for preparation
of Kotha Bhog. A collapsible gate should be fixed at a convenient
place in the Bhog Bata and that should remain closed throughout,
and be opened just before the prescribed time for Bhog Mandap
H Puja. (Chapter XXV).
MRINALINI PADHI v. UNION OF INDIA & OTHERS 819
[ARUN MISHRA, J.]
259. As many extra Bhog Mandaps as are absolutely necessary A
should be arranged on payment of extra fee for the purpose
(Chapter XXV).
260. A temple Official should physically distribute Khei amongst
Palia Sevaks. The system of the Pasarathias taking the Khei of
the various Palia Sevaks directly from inside the Bhittar Pokharia B
should be stopped. (Chapter XXVI).
261. By arrangement with the various Palia Sevaks, the Temple
Administration should purchase the Khei of the Sevaks and pay
them the price thereof in cash (Chapter XXVI).
C
262. The Temple Administration should resume possession of the
Chulis and lease them out every year by public auction to such
Sadhibandha Suars as would be willing to take them on annual
lease. (XXVII).
263. After proper discussion with the representative of the Suar
D
Nijog and taking into consideration the current prices of foodstuff
and other relevant factors, the Temple Administration should fix
the maximum selling prices of Abhada and other commodities
exposed for sale in the Ananda Bazar. There should be periodical
revision of such rates. (Chapter XXVII)
E
264. A responsible Officer of the Administration not below the
rank of Assistant Administrator should be present inside the
Gambhira at the time of Sahan Mela to exercise effective control
over Pindika collections and prevent exploitation of the pilgrims
either by the Sevaks or by Jatri Pandas or by Dhulia Gumastas
(Chapter XXVIII). F
265. Disputes that arise between the Administration and Sevak
or Sevaks or between the Sevaks inter se should be disposed of
quickly by the Administration. The Managing Committee should
immediately constitute an Appeal Sub-Committee and that Sub-
Committee should ensure that appeals filed before the Managing G
Committee against the orders of the Administrator are quickly
disposed of. (Chapter XXVIII).
266. A Sevak who fails to turn up to do his duty on any particular
day without sufficient reasons should be liable for removal. The
number of Sadhibandha Sevaks in each category should be H
820 SUPREME COURT REPORTS [2019] 16 S.C.R.
A reduced by removing those who do not actually do Seva.
(Chapter XXVIII).
267. If the above recommendations are implemented, it is likely
to result in the elimination of a number of recorded Savaks in
each category leaving in the field only those who actually do the
B Seva. Consequently, the turn of worship of the remaining Sevaks
would be more frequent and the remuneration that they would
get per month would be more than what it is at present. If in
spite of this, it is found that the Nitis are not performed punctually
and regularly, the hereditary rights of the Sevaks should be
abolished by Legislation and thereafter the required number of
C
Sevaks should be appointed afresh on the basis of monthly salary
(Chapter XXIX).
268. A reserve body of Sevaks should be maintained on salary
basis consisting of three Srotriya brahmins well-versed in Puja
Padhhati who can act both as Puja Pandas and Pasupalaks; two
D
Supakars to prepare Kotha Bhog; a pratihari or a Brahmin who
can be entrusted with the security type of work; a Mekap or a
Khuntia type of Sevak or in the alternative a Brahmin; a Bodo
Sevak or in the alternative a Brahmin; and two non-Brahmin
Sevaks. The expenditure incurred on the reserve Sevaks would
E not be a waste, because so long as their services are not required
in time of emergency, they can be utilized for other purpose as
indicated in the report. (Chapter XXX)
269. There is no necessity either to curtail the Nitis or to interfere
with the system of Puja prevalent at present. (Chapter XXXI)
F
270. At present neither the Administrator nor the Assistant
Administrators and in fact no other official excepting a few
sevaks are entitled to go into the Roso. There appears to be no
reason why the Administrator and the Assistant Administrators,
provided they are Brahmins, should not have the privilege to go
G into the Roso to check malpractices if any prevalent there. This
should be enforced if necessary after consultation with the
Sankaracharya of Gobardhan Pitha and Mukti Mandap Pandit
Sabha. (Chapter XXXI).
271. Similarly there appears to be no religious prohibition against
H having three permanent chariots for the Ratha Jatra. There are
MRINALINI PADHI v. UNION OF INDIA & OTHERS 821
[ARUN MISHRA, J.]
great many advantages in having such permanent Chariots. This A
should be done after necessary consultation with Jagatguru
Sankaracharya and the members of the Mukti Mandap Pandit
Sabha after taking due note of public opinion in the matter.
(Chapter XXXI).
272. The Managing Committee should consist of 10 members, B
namely –
1. The Raja of Puri, who should be the Chairman.
2. The Collector of Puri, who should be the Vice-Chairman.
3. Administrator. C
4. Commissioner of Endowment.
5. Jagatguru Sankaracharya of Gobardhan Pitha or if he
is not available any other Sanyasi of Sampradaya.
6. Patajosi Mahapatra or in his absence the person D
functioning as such.
7. Three persons of learning devoted.
8. to the cult of Lord Jagannath.
9. nominated by the State Government. E
10. A nominee of the Advisory Body consisting of persons
who donate Rs.5 lakhs or more for the Foundation Fund
of the Temple.
The tenure of appointment of non-official Members should be
three years. Power should be given to the Managing Committee F
to co-opt for any particular meeting, any Sevak or Sevaks whose
presence is considered necessary or desirable by the Committee.
(Chapter XXXII).
273. The present provision regarding selection of Administrator
requires no modification. What however is important is proper G
selection of the Officer. Not only should he be administratively
strong but he should also have a religious bent of mind, and one
who can involve himself completely in the administration of the
Temple affairs. The minimum period of deputation of an Officer
to work as Administrator should be five years. (Chapter XXXIII). H
822 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 274. Similar procedure should be adopted in the appointment of
Assistant Administrators. There should be three Assistant
Administrators one – to remain in charge of revenue
administration, the office and establishment; the second to remain
exclusively in charge of the Nitis and the third in charge of the
B developmental works and discipline inside the Temple. The period
of appointment of Assistant Administrators should also be five
years (Chapter XXXIII).
275. As the Administrator is proposed to be drawn from the
Orissa Administrative Service, Class (1) controlled by the Political
C & Services Department and the Assistant Administrators are
proposed to be drawn from the Orissa Administrative Service
controlled by the Revenue Department, a convention should grow
that in matters of posting and withdrawal of these Officers, the
concerned Department would do so in consultation with the Law
D Department, which is in administrative charge of the affairs of
the Sree Jagannath Temple. (Chapter XXXIII).
276. Disciplinary power vested in the Administrator under the
Act are quite adequate. But in spite of there being innumerable
occasions to warrant the exercise of such powers, no
E Administrator so far has done so because of the fear that such
action may precipitate a strike in which case the public as also
the Government, without trying to enter into details, would
immediately hold the Administrator responsible for precipitating
such crisis. The general attitude of all Administrators is to
F somehow or other manage affairs peacefully during their limited
tenure of office. To enable the Administrator to become effective
in the Administration of the Temple affairs, he should not only
be given a free hand for such management but he should also
be assured by Government that so long as he acts on correct
G lines, his action would be supported irrespective of any unpleasant
consequences, that may ensue. (Chapter XXXIV)
277. Section 21-A of the Puri Sree Jagannath Temple Act should
be amended to provide for suspension of a Sevak pending
initiation and disposal of proceedings against him. (Chapter
H XXXIV)
MRINALINI PADHI v. UNION OF INDIA & OTHERS 823
[ARUN MISHRA, J.]
278. Order passed by the Administrator under clauses (h) and A
(i) of Sub-Section 2 of Section 21 should be brought within the
purview of Sub-Section 1 of section 24. (Chapter XXXIV).
279. The queue system should be introduced to regulate the entry
of pilgrims inside the Temple for Darshan of the deities. Sahan
Mela which at present means the pilgrims going into the Bhittar B
Pokharia to have Darshan of the deities, should continue. But
the time allowed for such Sahan Mela should be restricted to
one hour in the morning and half an hour during night. At all other
times, excluding however such occasions when entry of the
pilgrims to Natyamandir (the area between Chandan argali and
C
Jaya Bijoya Dwar) is prohibited, pilgrims should be allowed to
go in queue up to Chandan argali to have Darsan of the deities
free of charge. If at times other than Sahan Mela a pilgrim wants
to enter into the Bhittar Pokharia for Darsan of the deities he
should avail himself of the provision for Paramanik Darsan which
is at present in vogue. The existing fee for Paramanik Darsan D
should be slightly increased. (Chapter XXXV)
280. The practice of placing three Jharis in front of the three
deities for Pindika collection should be discontinued. Instead of
that a strong sealed box with a slit on the top of it should be
placed just below the Ratna Sighasan, at the time pilgrims are E
allowed into the Bhittar Pokharia either at the time of Sahan Mela
or at the time of Paramanik Darsan. Such of the Jatris who are
inclined to make any offering to the deities may put their offerings
in such boxes. A similar box should also be placed near the
Chandan argali to enable the Jatris who have Darsan of the F
deities from that point to place their offerings. Excepting the Palia
Pasupalaks who sit on the Ratna Singhasan at the time of Sahan
Mela, there should be no other Palia Sevak on duty inside the
Bhittar Pokharia at the time of Sahan Mela. It shall be the duty
of the Palia Pasupalak on duty who sit on the Ratna Singhasan
to distribute Tulasi to the pilgrims. They shall not, on pain of G
disciplinary action, solicit for any offering from the pilgrims.
Similarly, at the time of Darsan by the pilgrims from near the
Chandanargali a Sevak should be posted there only to distribute
Tulasi to the pilgrims and he should be prohibited from soliciting
any offerings from pilgrims. (Chapter XXXV) H
824 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 281. The adoption of the queue system would not prevent the
pilgrims from gathering in the Jaganmohan and to have Darsan
of the deities from that place as they are doing at present. It is
not necessary to regulate them on ordinary days. But regulation
even of such pilgrims would become necessary on festive
B occasions when there is expected to be rush of pilgrims. (Chapter
XXXV)
282. The existing system of collection of Attika money by Jatri
Pandas may be allowed to continue only on the specific condition
that out of the Attika amount they should pay 25% to the funds
C of the Temple. Simultaneously Legislation should be undertaken
to give power to the Temple Administration to exercise sufficient
control over the Jatri business. No person shall be allowed to
continue doing business of Jatri Panda without obtaining a licence
from the Administrator and no such licence should be given to
D anyone who does not actually perform Seva in the Temple.
Conditions should be embodied in the licence indicating the
amount that a Jatri Panda is entitled to take from a pilgrim for
services rendered, and the accounts he is to maintain, etc. No
Jatri Panda can engage as his Gumasta a person who himself
has not obtained a licence from the Administrator. If Jatri Pandas
E
do not agree to contribute 25% of the Attika money to the Temple
fund, collection of Attika by Jatri Pandas should be banned by
Legislature, and due publicity should be given that if the Jatris
wish to make any offerings to the Deities for any purpose
whatsoever, the offerings should be put only in the Hundis placed
F in the Temple and that no offerings made elsewhere will be
utilized for the purposes of the Deities. (Chapter XXXVI)
283. There should be complete ban on the activities of Dhulia
Gumastas. The Temple should set up an organization of pilgrim
guides and in enlisting such guides preference should be given
G to Dhulia Gumastas who, having regard to their character and
antecedents, are found fit for the job. Preference should also be
given to the Sevaks who by reason of any reforms brought about
by Legislation or otherwise would be displaced from their Seva.
Each pilgrim guide should obtain a license from the Administrator.
H (Chapter XXXVI).
MRINALINI PADHI v. UNION OF INDIA & OTHERS 825
[ARUN MISHRA, J.]
284. Provisions contained in Clauses 18B, 18C, 18D and clauses A
18F to 18H in the Sree Jagannath Temple (Amendment) Bill,
1976 are commended for acceptance. (Chapter XXXVI).
285. Even if the present system of Attika is allowed to continue
under conditions and restrictions mentioned above, still a Hundi
should be placed in a prominent place in the Jagamohan inside a B
screened enclosure where Jatris may put their offerings. Similarly,
in some of the important subsidiary shrines inside the Temple
sealed boxes may be placed where pilgrims may put their
offerings. (Chapter XXXVI).
286. Existing facilities for Paramanik Darsan should continue, but C
the fees may be raised slightly. Besides Paramanik Darsan,
provision should be made for Ekanta Seva by pilgrims. (Chapter
XXXVII).
287. The Temple Administration should undertake construction
of a Dharmasala of its own. If possible, at a place as near the D
Temple as possible. If there is any difficulty to secure such a
vacant site it should put up a Dharamsala in Talabania near the
Railway Station. It should initiate the ‘own your cottage’ scheme
and put up cottages either in Talabania or in Ballapanda.
Simultaneously it should enter into negotiations with the owners
E
of Dharamsala to secure management of the Dharamsalas
situated in the Town of Puri. If that is not feasible the Temple
Administration should at least enter into some arrangements with
the owners of Dharamsala to ensure that the pilgrims conducted
to the Dharamsalas in the Temple buses are accommodated
there. (Chapter XXXVIII). F
288. The Temple should keep some of its buses at the Railway
Station and bus stand to conduct the pilgrims from there to the
Dharamsalas. (Chapter XXXVIII)
289. A Foundation Fund of an amount of Rs.10 crores should be
G
constituted. The Governor may be requested, if he has no
objection, to issue an appeal on behalf of the people of Orissa
inviting donations to the fund. The Fund should be administered
by a Board of Trustees consisting of those donors who pay Rs.5
lakhs or more to the Foundation Fund. The fund when collected
should be invested in long term deposits. Only the interest H
826 SUPREME COURT REPORTS [2019] 16 S.C.R.
A accruing from such deposits should be spent for the purpose of
the Temple. The Board of Trustees should meet once a year at
Puri to review the financial position of the Temple and inter alia
to consider proposals to augment the income thereof. The Board
of Trustees should elect a person to be the Member of the
Managing Committee. (Chapter XXXVIII).
B
290. The Temple should publish an almanac of its own. It is only
this almanac which should receive the approval of the Raja of
Puri and of the Mukti Mandap. Such Almanac is likely to be very
popular and the sale thereof may yield a sizeable profit to the
C Temple. (Chapter XXXVIII)
291. The Temple should obtain monopoly for the manufacture
and sale of photo pictures of the Deities in several Besas. This
is likely to yield a substantial recurring income to the Temple.
(Chapter XXXVIII).
D
292. The Mahalaxmi Bhandar should be run departmentally
instead of being leased out as is being done at present. If worked
departmentally it is likely to yield annually a net profit of Rs.2
lakhs as against Rs.70,000 which the Management is at present
getting by leasing it out. (Chapter XXXVIII).
E
293. The Management should introduce a scheme whereby
pilgrims may at their cost conduct some of the festivals of the
deities for which expenditure is at present being incurred from
the Temple Funds. Apart from satisfying the devotional urge of
the pilgrims, this system is likely to yield a good deal of income
F
to the Temple. (Chapter XXXVIII).
294. By means of due publicity the pilgrims may be encouraged
to offer special Bhogs to the Deity. As a portion of such Bhog
would be distributed amongst certain categories of Palia Sevaks,
G their earnings would increase thereby. Sale of the Temple’s share
of such Bhog would also yield an income to the Temple. (Chapter
XXXVIII).
295. As the Transport Service of the Temple is yielding a net
profit of about Rs.2 lakhs per year at present, its scope should
H be widened as far as it is practicable. (Chapter XXXVIIII).
MRINALINI PADHI v. UNION OF INDIA & OTHERS 827
[ARUN MISHRA, J.]
296. A dairy farm should be started. If properly run there is every A
likelihood of philanthropic people donating cows to the dairy farm.
(Chapter XXXVIII)
297. Niladribihar should be worked departmentally, and Dolabedi
Kunja should be revived. (Chapter XXXVIII)
B
298. Besides taking possession of and leasing out Chulis in the
Temple Roso, the Administration should also take possession of
all the Saraghars inside the Temple premises and utilise them
properly. If possible some of the Sargharas situated in the Bahar
Bedha can be leased out. (Chapter XXXVIII).
C
299. As far as it is practicable, lands of Lord Jagannath and Jagir
lands held by Sevaks under Lord Jagannath should be kept out
of the purview of land Legislations. This principle should also
apply to all Debottar lands. If it is not possible to exempt the
Estates of Lord Jagannath from the purview of the Estates
Abolition Act, the annuity that is going to be fixed, should be on D
as liberal a scale as possible, making a further provision for
periodic upward revision of the annuity amount with the rise in
prices. (Chapter XXXVIII).
300. Sincere and urgent efforts should be made by the Temple
Administration to obtain a full list of all properties of Lord E
Jagannath situated inside and outside the State. Excepting
properties situated in the district of Puri, which the Temple can
directly manage, efforts should be made to dispose of the
properties situated outside Puri and the sale proceeds should be
invested in long term deposits. The effort to obtain information
F
regarding properties situated outside the State of Orissa should
be made at the level of Government. (Chapter XXXVIII).
301. Transfer of Seva rights should be prohibited by Legislation.
(Chapter XXXIX)
302. An institution to train Puja Pandas and such other Sevaks G
for whom training is necessary should be established inside the
Temple. (Chapter XXXIX).
303. A concerted drive to keep the Temple premises absolutely
clean should be undertaken by the Temple Administration.
(Chapter XXXIX). H
828 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 304. It must be ensured that food-stuff sold in Ananda Bazar
are kept in fly-proof receptacles. Food-stuff must be sold at places
earmarked for the purpose. Ananda Bazar should be cleaned
twice a day. (Chapter XXXIX).
305. Asking for alms within the Temple precincts should be strictly
B prohibited. (Chapter XXXIX).
306. A religious atmosphere should be created inside the Temple
premises by periodically holding religious discourses and by
arranging for Vedaparayana and reading of Puranas, inside the
Temple precincts. (Chapter XXXIX).
C 307. Practically no publicity arrangements exists in the Temple
at present. The Publicity arrangements should be considerably
improved for the convenience of the pilgrims. (Chapter XXXIX).
308. Soliciting Dakhina in any form by any person, be he a Sevak
or otherwise, inside the Temple premises should be prohibited.
D (Chapter XXXIX).
309. Mahaprasad Seva Sadan which had been started some time
back and which has fallen into disuse now should be revived.
(Chapter XXXIX).
310. A Code of Conduct for observance by all Sevaks inside the
E Temple should be framed and their observance should be strictly
enforced. (Chapter XXXIX).”
The CCTV Cameras having night vision was also recommended.
IN RE: REPORT OF LEARNED AMICUS CURIAE
F 8. Shri Ranjit Kumar, learned Amicus Curiae has made inspection
of the premises on 22-23.2.2019. He has made reference to the Puri
Shri Jagannath Temple (Administration) Act, 1952 (for short, ‘the 1952
Act’) and Shri Jagannath Temple Act, 1954 (for short, ‘the 1954 Act’).
He has drawn our attention to the definition of Sevaks as defined under
Section 4(d-1) of the 1954 Act, thus:
G
“4(d-1) “Sevak” means any person who is recorded as such in
the Record of Rights or is recognized by a competent authority
as a Sevak or his substitute or has acquired the rights of a Sevak
by means of any recognized mode of transfer and includes a
person appointed to perform any niti or Seva under clause (i) of
H sub-section (2) of Section 21.”
MRINALINI PADHI v. UNION OF INDIA & OTHERS 829
[ARUN MISHRA, J.]
9. Learned Amicus Curiae has pointed out in his report that 1954 A
Act has been made to reorganize the scheme of the management of
the affairs of the Temple and to provide better administration and
governance having regard to the ancient customs and unique and
traditional nitis and ritual contained in the Record of Rights prepared
under the 1952 Act. The Managing Committee has been constituted
under the Act, inter alia, to ensure proper performance of Seva, Puja B
and periodicals Niti of temple, arrange for proper collections of
offerings, audit of accounts and installation of Hundi.
10. Learned Amicus Curiae has pointed out following aspects
in his report of inspection:
C
(a) There is scope of improvement on various aspects with
respect to visits of devotees inside the Temple complex.
Suggestion has been made to have darshan in a
systematic line, which facility is available in Tirupati,
Golden Temple and Mata Vaishno Devi or such other
similar places. Learned Amicus Curiae was informed D
that the entire complex is about 10 acres and a very
large number of smaller temples were there,
approximately 97.
(b) With respect of hygiene more specifically in Rosaghar,
where all the cooking for the Mahaprasad is done, it E
was found that there was a lot of activities being done
on small chabutra open to the air and without proper
manner of disposal of waste. Wood fired chullas are used
in the main kitchen. Out of 240 chullas, 8 are specifically
used for preparation of Kotha Bhog of the Lord
F
Jagannath and the rest are under the possession of
other licensees who pay nominal rent to Temple
administration and are cooking the Mahaprasad. The
hygiene in the main kitchen is not known. There is no
disposal mechanism for waste nor an effluent treatment
plant. G
(c) With respect to hygiene requirement to Anand Bazar
where the sale of Mahaprasad takes place, the steps
require large scale improvement in terms of hygiene, but
Archaeological Survey of India (ASI) seems to be
having some issue, if improvement is made. H
830 SUPREME COURT REPORTS [2019] 16 S.C.R.
A (d) Donation boxes should be placed at strategic point both
within, outside and at all other smaller Temples within
the complex.
11. Learned Amicus Curiae was informed that 119 types of Seva/
Nitis/Rituals are performed by the Sevaks who are hereditary and the
B daily requirement is about 85 to 90 Sevas from 45 categories of Sevaks
and the requirement increases in festivals and occasions. The Managing
Committee meeting was held to consider the 12 recommendations made
by the District Judge. Learned Amicus Curiae has reported regarding
12 suggestions thus:
C “(i) Abolition of Hereditary Sevaks / Appointment of
Sevaks: Firstly, in terms of the 1952 Act the hereditary
right granted to the Sevaks is recognized and is statutory
in nature. Therefore the same cannot be abolished
because each of the Sevaks who belonged to different
Nijog have been recognized with reference to their right
D to perform Rituals/Nitis of the Deity, since it is a
practice which has been going on for time immemorial.
The same cannot be taken away and those rites stand
recognized. However, there are presently about 2300
Sevaks belonging to different Nijogs and what was
E suggested was that the number was required to be
reduced so that each of the Sevaks gets some turn for
Seva and thereafter some Puraskar for the maintenance
and upkeep of the family and their livelihood. The others
be given a golden handshake which was being worked
out between the administration and the Nijogs without
F losing any of the hereditary practice and requirement
qua with Deity while having a reserve list also so that
in the absence of any Sevak, the Nitis and Rituals are
not in any way affected.
(ii) Prohibition to collection of money by Sevaks: The
G Administrator along with some others in the Managing
Committee suggested, as is also are the requirement
under the Act, that additional Hundis/Donation Boxes
are placed and from out of the money received a certain
percentage be disbursed to the Sevaks. Over and above,
H those devotees/visitors who have a specific Yatri Puja
MRINALINI PADHI v. UNION OF INDIA & OTHERS 831
[ARUN MISHRA, J.]
may do so at a price to be deposited through the office A
where receipts would be granted and a percentage of
the same would be paid to the Sevak for performing
that Puja. In this manner the Darshan of the Pilgrim
will not be effected and at the same time the Sevaks
would also be getting certain percentage of the
B
collection. It was my understanding that the percentage
being given on some things or the percentage that is
being thought of may be on the lower side.
(iii) The Temple Management to take control of
Rosaghar and Chullas: I have already dealt with this
above and I was informed by the Managing Committee C
that they will make sure that hygiene is brought to the
standards and all efforts are being made in that direction.
(iv) Provision of separate toilets for male/female,
Sevaks: I was informed that just now there was only
two places in the West and the South but 10 more urinals D
and two toilet complexes were being set up with private
maintenance so that hygiene and cleanliness is
maintained and cloak rooms will be made in four months
time and that a motorcycle stand would also be made
for the Sevaks. E
(v) Queue in Darshan: I have already outlined this above
and have suggested already to the Managing Committee
that how it could be done and will also explain in the
Court is well.
(vi) Surveillance of collection from Hundis and F
Donation boxes: This has also been dealt with above.
(vii) Audit of Temple fund by Accountant General: I was
informed that Audit was already being done by the
Internal Audit Committee of the Temple Administration,
by the Chartered Accountant and that the grants which G
were made by the State Government were being audited
by the CAG. Further the Chartered Accountant, member
of the Managing Committee, informed me that the
accounts are going to be put online on the website:
www.jagannath.nic.in and that more and more activities
H
832 SUPREME COURT REPORTS [2019] 16 S.C.R.
A will now be put therein. He also informed me that the
interest earning of the Temple on the corpus fund of the
Temple was approximately Rs.30 to Rs.35 crores per
year while the expenses are Rs.60 to Rs.70 crores per
year. Thereafter the shortfall is met by the State grants
and the capital investment requirements are met by the
B
Government. He was also of the suggestion that digital
marketing could be done for the Temple for the purpose
of donations to be received. I was also informed that
the Temple and endowments have a total of 60418.353
acres of land and the Record of Rights have been
C prepared only with reference to 34200.976 acres and
the rest was under preparation.
It must be understood that there are two kind of
Records of Rights vis-à-vis the Temple, one is the
Record of Rights as is normally understood with
D reference to property and the revenue entries and
the second is Record of Rights (RITES) which is
with reference to the Rites, Rituals and Nitis to be
performed by Sevaks who have hereditary rights
and recognized under the 1952 Act.
E (viii) Identity Cards for the Sevaks and Staff: It has been
agreed upon that Identity Cards for Sevaks would be
made with a colour code for Sevaks, for employees and
for labour so that unwanted element do not come in.
This would be implemented in three months time.
F (ix) Guides to be Registered: It was informed that a
Yatri Panda Sangh was being made who would act
as guide and who will have to be registered with the
Administration and this would also be done in three
months time and they would be verified by the office
of the S.P., Puri so that any criminal element is not
G recruited.
(x) Reduction of Administrative Staff: I was informed
that rationalization of the administrative staff was being
done and 127 persons had already been retrenched. The
main requirement of the administrative staff was with
H reference to cleaning and sweeping, the internal temple
MRINALINI PADHI v. UNION OF INDIA & OTHERS 833
[ARUN MISHRA, J.]
police, the management of the lands belonging to the A
temple as also the management of the Quarries and
Mines of the temple. This rationalization would be
completed soon.
(xi) Single Authority for Security of the Temple: I was
informed that the internal police performing the job of B
security inside the temple was without any police power
but now an additional S.P. Rank officer has been
assigned to the temple administration with full powers
under the control of the Home Deptt.
(xii) Proposed Amendments in the 1954 Act: The C
emphasis on the amendments was with reference to the
meaning of the Records of Rights because of the
confusion that is created to the hereditary rights of the
Sevaks for the performance of the Nitis and Pujas.”
12. Learned Amicus Curiae has pointed out that no
accommodation is made available for any pilgrim by the Temple D
Administration. The Administrator informed that Yatri Niwas and Bhakt
Niwas were proposed and one was under construction and another,
which was available, required lot of repair.
13. References have been made to the demand of Sevaks
regarding Temple management to provide school, education, E
Government jobs, etc., for the families of Sevaks. There is no proper
accommodation for them and for the education of their children. They
hardly get one turn in a month for performing Seva/Puja, for which
they get Puraskar, which is not sufficient for their livelihood.
14. Learned Amicus Curiae has also pointed out that proper F
coordination is required. Certain suggestions have been made for
revenue generation of the Temple.
15. The opinion of the Chairman of the Managing Committee
Shri Gajapati Maharaj has also been noted by learned Amicus Curiae
that the situation was very difficult as the heart and soul was not G
dedicated to the Lord. The three grey areas have been pointed, namely,
(1) Management with three authorities – the Government, the Managing
Committee and the Administrator; (2) Qualified Sevaks are not available
despite the requirement of having traditional Nitis and Sevas and Rituals
to be performed. Seva should be made attractive; and (3) religious
monitoring was not proper. H
834 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 16. Learned Amicus Curiae has also pointed out that proper
coordination is required between the Administration and the Sevaks.
The criminal elements were required to be identified and removed and
discipline was required to be brought in both for the Sevaks and for
the pilgrims with regard to the movement inside and outside the
complex. The system of sub-letting is required to be done away with.
B
There was a requirement of four tier of security within the Temple in
such a manner that only one type of police is available so that the pilgrims
are not harassed.
17. Learned Amicus Curiae has also pointed out with respect
to the meeting he had with the stakeholders. Sevaks were of the point
C
of view that their rites cannot be taken away, which were hereditary
in nature. Certain restrictions have been imposed on offering during Rath
Yatra and on the entry of pilgrims inside the Garbh Griha (Sanctum
Sanctorum). There is no health welfare scheme nor hospitals are
provided. The accounts are not being managed properly. The quarries
D and mines were allotted in the names of minor. Reference has also been
made to the report of 1805 of Charles Grome. It has also been pointed
out that there was no internal mechanism for complaint to be lodged
by women. It has been pointed out that 8-9 suggestions of District Judge
are being implemented. There was scope for improvement and the
hygiene is required to be improved without affecting the hereditary
E
rights of Sevaks, which in turn improve the conditions of Sevaks and
hassle free Darshan.
18. This Court has directed the learned Amicus Curiae and Shri
Tushar Mehta, learned Solicitor General of India, to make inspection
and submit a report as to suggestions after the Cabinet decision, which
F
has been gazetted on 27.8.2019. Learned Amicus Curiae has submitted
his report on 27.9.2019, wherein it has been observed that redevelopment
plan around the Temple is mainly to decongest the area for the benefit
of pilgrims and to make the city of Puri a world heritage city. Some
demolition on the entrance of the Temple has already taken place. The
G Chairman of the Managing Committee informed that nobody was
opposing the reforms for the betterment of the place so that it becomes
world heritage city. However, the rehabilitation package should be liberal
and proper and should provide fair deal.
19. It has also been pointed out that during annual Rath Yatra,
H lakhs of people visit the Temple town, the congregation is such that it
MRINALINI PADHI v. UNION OF INDIA & OTHERS 835
[ARUN MISHRA, J.]
is difficult to manage the crowd. It becomes difficult to manage the A
crowd especially to protect the elderly or the children or if somebody
becomes sick. It was informed that Nagarjuna Besha to be held in
2020-21 and the plan has been prepared to rotate the crowd along the
dedicated corridors around the Temple and control the same in a
peaceful manner. The rehabilitation package has been prepared for the
B
people who are going to be uprooted from their homes, business places,
etc. The acquisition is being done on the basis of negotiation. Learned
Amicus Curiae also met Srimad Jagadguru Shankaracharya and
Swami Nishchalanand Saraswati, who expressed concern of the daily
Rajbhog and Puja, which are called “NEETIS” to be performed inside
the Temple for Deity on daily basis and if the Deities were not C
worshipped according to the Neetis, then it amounted to desecration
of the Idol. He has handed over a written note to learned Amicus
Curiae. The note given would be helpful for deciding the main writ
petition about the Neetis and daily ritual to be followed in the worship
of Deities.
D
20. It has also been pointed by learned Amicus Curiae that there
is a necessity to have a better infrastructure outside the Temple than
the existing one, that is sought to be achieved by the proposed plan.
21. Ms. Priya Hingorani, learned Senior Counsel has also
submitted a separate report. She visited the Temple on 11.10.2019. She E
has also pointed out certain demolition has taken place. Those structures
were in dilapidated state and unsafe for human habitation. However,
Temples inside the Mathas, their Gaadis, Samadhis and other artefacts
have been preserved. Certain establishments have been relocated and
thus, are yet to be resettled.
F
IN RE: SUGGESTIONS MADE BY SRIMAD
JAGADGURU SHANKARACHARYA
22. Suggestions made by Srimad Jagadguru Shankaracharya
have also been placed on record, wherein the importance of the place
has been pointed out thus: G
“By faithfully darshan of Neelchakra, Shikha Dhwaj,
Devalaya, Garuda Stambha, Shri Patit Pavan, bowing down
in front of Shri Jagannath placed on ratha from the ratha
premises and outer circumambulation of temple a person will get
same fruit as one who is directly involved in service and worship. H
836 SUPREME COURT REPORTS [2019] 16 S.C.R.
A The use of Mantrik, Tantrik and Yantrik process for expressing
all encompassing Sacchidananda Swaroop Sarveshwar in the
form of traditionally made Archa Vigraha is same as the process
of expression of electricity present in water, earth and sky through
machines.
B Like we need to respect this fact that “Electricity shouldn’t
disappear and it’s existence should be beneficial not fatal”. In
the same manner the fact that “Five deities namely Surya-
Vishnu-Shiv-Shakti-Ganapati and their avatars as defined by
Sanatana Shastra (scripture) which are consecrated and
embedded in the Archa Vigraha their refulgence should not
C diminish and their presence should be beneficial not fatal”.
Reverence to this fact within the limits of propriety is the ultimate
responsibility of cultural, social, administrative and constitutional
institutes.
The brilliant people who understand Devata Tatva (god element)
D through the effect of their extraordinary infallible power consider
the splendid effect-cause-composed universal all-deity either at
Aditya (sun) according to ‘,dSo ok egkukRek nsork l lw;Z bR;kp{krs’or
as Agni (Fire) according to ‘vfXu lokZ nsork%’ (Aitareya Brahmana
2.3). He is also known as Indra having extraordinary grandeur,
E Mitra who assures safety from fear of death, Varun who purifies
all sins. Agni which is omnipresent, Garuda the divine bird, Yama
who in form of fire governs and Vayu who flows freely
everywhere in space.
Therefore worship and consecration of Surya, Vishnu, Shiv,
F Shakti, Ganpati and their vedas based avatar (incarnations)
who perform five task namely creation-preservation-destruction-
punishment-reward in the form of Archa Vigraha is possible.
Therefore it is the sacred obligation of learned eminent person
that they allow this Sanatana tradition which is in harmonious
compliance with philosophy, science and behaviour to be
G implemented in the Sanatana method.”
With respect to servitors appointed in Sanatana Temple, they
are permitted to carry out their living. Concern has been expressed
about their financial condition. To make temple free from exploitation
and healthy environment, mutual understanding has to be developed
H under the aim to free the sacred institution from economic exploitation.
MRINALINI PADHI v. UNION OF INDIA & OTHERS 837
[ARUN MISHRA, J.]
Care should be taken that does not result in more economic exploitation A
by Government in comparison to before. There should not be neglect
and disrespect of any element involved in the proper operation of this
sacred institution, but neither more or less participation of everyone is
required. A High-Level Committee should be formed for which
suggestions have been given to have a harmonious dialogue that can
B
remove all discrepancies in Shri Mandir. Following suggestions have
been made:
“1. Implementation of the endeavour to promote and systemize
Shri Mandir as an institution of education, defence, culture,
prosperity, service, dharma & moksha. C
2. Implementation of proper system for selection, training and
enrolling servitors according to family tradition.
3. Absence of dharmic and spiritual leadership should be rectified
as per tradition.
D
4. The books namely Rigveda, Skanda Purana, Brahma
Purana, Vamdev Samhita, Neeladrimahoday, Pancharatra-
Ishwar Samhita and Vimarsha which mention consecration,
worship and different festivals related to Shri Jagannath; based
upon these a book named ‘Shrimandir-Seva—Samarcha-
E
Prakalpa-Paddhati’- ‘Shri Jagannath Samhita’ should be
created by wise pundits under the guidance of Shrimad
Jagadguru Shankaracharya, Shri Govardhan Math, Puri
Peeth so that blind traditions are negated appropriately and a
healthy tradition that is in accordance to Shastra (scriptures) is
fixed and implemented. F
5. ‘Mukti Mandapa’ should be restored to its original form and
the natural right of establishment, upkeep and management
accorded to Shrimad Jagadguru Shankaracharya, Shri
Govardhan Math, Puri Peeth by tradition should be restored.
G
6. King Gajapati Ji should be recognised as Yajamana in a
position of King Indradyumna.
7. The rights and liabilities of Shankaracharya, Gajapati,
‘Mukti Mandapa’, servitors and administration should be
decided such that they are neither more or less; then the H
838 SUPREME COURT REPORTS [2019] 16 S.C.R.
A determination and execution of service roles of Kumbhakar etc.
according to old settled traditions.
8. Determination of tradition of servitors in accordance to
Shastra (scriptures). The endeavour to make them well educated,
cultured, trained, deserving and self-sufficient should be identified
B and undertaken. A residential school must be established and run
accordingly for children of servitors and brahmin family belonging
to solahshasan. They should receive knowledge and skills
training according to their family tradition.
In systemizing Shri Mandir it is expected that due consideration
C must paid to proper following of traditions, establishing eligibility
of servitors according to daily schedule, appointment of servitors
within the limits of service required, their training and
determination of source of livelihood for extra servitors.
In independent Bharat through directionless government this
D sacred institution has been removed faraway from spiritual
guidance and turned just into a hub of money and fame. The
implementation of divide and rule policy is heights of short
sightedness. Therefore rectification of this discrepancy is highly
desired.
E With the aim to keep the divine powers of Shri Jagannath Ji in
Archa Vigraha intact so that worshippers and devotees get
benefiter by it not harmed, we need to follow injunctions and
prohibitions prescribed in Sanatan Shastra (scriptures) just like
we follow injunctions and prohibitions regarding electricity. By
F declaring Shri Mandir as equivalent to samadhi and museum of
Gandhi Ji, its sacredness and safety is bound to get extinct.
9. There should be adeptness in securing the sacredness and
beauty of temple, protection of decency and ornaments of
devotees and management of temple. The service projects run
G by temple should be determined and implemented.
It is essential to make this sacred institution a center of devotion
and of participation of hindus all over world who are devotees
of Shri Jagannath and belong to Sanatan, Vedic, Arya tradition.
The first consecration of Shri Jagannath Ji was done by Shri
H Brahma Ji on Vaisakh Shukl Ashtami and second consecration
MRINALINI PADHI v. UNION OF INDIA & OTHERS 839
[ARUN MISHRA, J.]
was done by Shri Shankaracharya on Vaisakh Shukl Dashmi A
so annual festival should be held on that day.
10. During the reign of idol destroyers for 144 years Shri
Jagannath Ji was not visible; according to Bhasmajabala
Upanishad on Vaishakha Shukl Dashmi 483 BC, Shri
Bhagwatpad Adi Shankaracharya re-consecrated Mukti B
Mandap. This fact should be illustrated in history of Shri Mandir
as a token of gratitude.
11. Through the method specified by Shri Bhagwatpad Adi
Shankaracharya and his disciple Emperor Sudhanwa the way of
C
managing Shri Govardhan Math, Puri Peeth should be cleared;
then Shri Jagannath Mahaprabhu should be re-established as
the worship deity of this peeth and Puri situated in Purushottam
region should be popularized as a dharmic and spiritual capital
and the Acharya of peeth should be mentioned as it’s overlord.
D
Reckon this fact that without Devguru Brihaspati Ji, Indra and
other devatas had to suffer a lot. In modern perspective the
infallible cause behind the preeminence of christians worldwide
is the concurrence between both parts of christianty namely
alternative governance system and Pope. By keeping this fact
in mind a path must be cleared for in principle concurrence E
between traditional Vyaspeeth and government.
12. Most of servitors are financially vulnerable due to less quantity
of service in Shri Mandir, a way for their economic welfare must
be found out and some adequate arrangements for their medical
F
and other expenses must be made.
13. Government of Odisha should appoint a chief manager adept
in complying and making others comply with dharmic and
spiritual activities in Shri Mandir; but he shouldn’t be administrator
of dharmic and spiritual area. G
14. The competent person to be appointed as Chief of Shri
Mandir Management Committee must first undergo dharmic and
spiritual training for a month then he should be appointed to this
post so that he is able to keep this sacred institution away from
the grips of directionless business class. H
840 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 15. The determination and execution of standards of sacredness,
beauty, grandeur and orderliness in Shri Mandir must be done
as soon as possible.
16. The details of property and budget of Shri Mandir must be
decided and presented in proper manner.
B 17. Travellers must receive warm and pleasant behaviour.
18. The service and worship of Devi-Devata consecrated in Shri
Mandir must be done according to Shastra (scriptures) at
appropriate timing.
C 19. The selection of members of management committee must
be done in dharmic and spiritual way with the participation of
Shankaracharya, Gajapati, ‘Mukti Mandapa’, Mukti Mandapa
Pandit Sabha’, Servitors and Government administration.
20. The selection of office bearers of ‘Mukti Mandapa’ and
D ‘Mukti Mandapa Pandit Sabha’ must be done under the divine
aegis and guidance of Shrimad Jagadguru Shankaracharya,
Shri Govardhan Math, Puri Peeth who is the chief of
institution.
21. The publication of annual Panchang from Shri Mandir must
be done in an authentic and optimal method.
E
22. The endeavour to organize monasteries, temples of ‘Sanatana
dharma’ in Odisha as dharmic and spiritual fortress and divine
temples must be determined and implemented.
23. The office bearers of management committees of Shri
F Jagannath temples built all over nation and world must be
contacted in good faith and every year a convention must be
organized for them in ‘Acharya Peeth’, Puri.
24. An authorised scholar should recite ‘Shrimad Bhagwat’ and
stories of greatness of Purushottam region from Skanda
G Purana in Shri Mandir regularly in morning and evening.
25. Proper arrangements for the security of Purushottam area
and Shri Mandir situated there must be done.
26. The required reformation between Garbhagriha (sanctum
sanctorum) of Shri mandir and the attached Mandapa must be
H determined and implemented based upon Shastra (scripture).
MRINALINI PADHI v. UNION OF INDIA & OTHERS 841
[ARUN MISHRA, J.]
27. The inordinate secrecy and misconduct in service and worship A
of Shri Mandir is due to addition of different dimensions by
many eminent persons from time to time; while elaboration leads
to increase in tribulation but brevity leads to assuagement - foLrkjk%
Dys’kla;qDrk% la{ksikLrq lq[kkogk%A(Mahabharata Shanti Parva, 297.20,
37)
B
Therefore, it is necessary to determine and implement practices
which are unopposed and in accordance to Sanatana tradition
and which will not lead this sacred institute to become
directionless.
28. While any person and organization related to this institution C
should be taken care of appropriately, nobody must exploit this
dharmic and Spiritual institution.
31.…..Therefore it’s an established principle that Shri
Govardhan Math and the sacred institution of it’s Aradhya Devi
Shri Jagannath Ji must be managed as per the code of conduct D
given by Shri Bhagwatpad Adi Shankaracharya.”
IN RE: RESPONSE OF STATE OF ORISSA,
RESPONDENT NO.2
23. The State of Orissa, respondent no.2 has filed an affidavit
on 29.6.2018, wherein it has been stated that State of Orissa as per E
the order dated 8.6.2018 passed by this Court, has constituted a
Committee to study the management schemes of other important Shrines
such as Vaishno Devi, Somnath Temple, Golden Temple, Amritsar,
Tirupati Temple and Dharmsthala (Karnataka) Temple. The
Committee was directed to submit an interim report. Notification has F
been issued on 12.6.2018.
24. An additional affidavit has been filed on behalf of State of
Orissa on 30.9.2019, in which it has been pointed that a Commission
headed by Shri Justice B.P. Das, retired Judge of the High Court of
Orissa, was constituted, which has recommended for widening of road
G
outside the Temple for crowd management, movement of emergency
vehicles such as fire tenders, ambulances, etc. and the Works
Department has submitted a proposal to the Collector for acquisition
of land within 75 meters from Meghanad Pacheri of Shree Jagannath
Temple under the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, H
842 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 2013 (‘the Act of 2013’). A Resolution has been passed by the Cabinet,
which has been gazetted on 27.8.2019. It is stated that steps are being
taken in accordance with the provisions contained in the Act of 2013,
to acquire and rehabilitate. Three highly unsafe structures have been
removed, details of which have been given. It is further stated that 26
commercial establishments have been relocated temporarily till final
B
rehabilitation takes place. The Deities and the Gaadis of affected
Maths have been preserved. The Redevelopment Plan will focus on
heritage architecture, complementary affiliation between Shri
Jagannath Temple and the Maths concerned. Adequate parking shall
be provided for the use of Maths in the redevelopment plan. Shopping
C units will be constructed as per the Rehabilitation and Resettlement
Scheme and provided at common market complexes. The Rehabilitation
and Resettlement Package has been filed as Annexure-C along with
Heritage City Project of Puri as Annexure-D. Due process of law is
being followed and the District Administration has no intention to remove
the temples and gaadies, etc.
D
25. Additional Status Report has been filed on 21.10.2019 by the
State of Orissa. The State Government has taken a policy decision in
consultation with the Mahant and the Administrators of the Matha.
Following five steps have been taken by the State Government:
E “7.That the above referred steps would ensure that –
(i) The long felt need of clearing the nearby area of Shree
Jagannath Temple is achieved so as to avoid any
stampede, incident of fire, taking care of emergency
situation by providing ingress/egress to fire brigade and
F ambulance and taking the security concerns of the
temple and the safety of the devotees into consideration.
(ii) While doing so, the deities, sanctum santorum, gaadi,
samadhi of the Matha, relics of the Matha will not be
disturbed and remain at their current place with better
G beautification in line with Kalinga style architecture.
(iii) The properties of the Matha which are used for shops/
commercial activities/ lodges etc will be acquired and
cleared and the compensation would be paid at the rate
mutually agreed in consonance with the Rehabilitation
H and Resettlement Policy. Every shopping unit will be
MRINALINI PADHI v. UNION OF INDIA & OTHERS 843
[ARUN MISHRA, J.]
eligible for allotment of a shop unit in the market A
complexes to be developed.
(iv) In view of redevelopment of Matha with
accommodation of Mahanta, and other relevant structure
as applicable, an alternate site would be made available
at the nearest available vicinity of the place where it B
existed earlier. Structure cost as per law would be paid
to the Mahanta of the respective Mathas with
construction assistance as prescribed in the
Rehabilitation & Resettlement Policy.
(v) Till the time such alternate site is made available, the C
State Government would pay compensation/ rent on a
monthly basis at a rate as per the Rehabilitation &
Resettlement policy and based upon the request of the
Mahants which is calculated based upon their actual
requirement.”
D
The Minutes of Consultation Meeting with various Mahants of
Maths have also been placed on record as Annexures A to H.
IN RE: SUBMISSION OF INTERVENOR
26. One of the intervenors – Daitapati Nijog has pointed that
the Daitapatis have a hereditary right to perform secret sevapuja of E
Lord Jagannath and same is mentioned in Record of Rights under the
Act of 1954. Any reduction in number of Daitapatis would lead to
difficulties in performing the nitis/rituals.
IN RE: RESPONSE OF TEMPLE MANAGING
COMMITTEE F
27. The Temple Managing Committee has filed its first response
on 24.4.2019, as to the suggestions made by learned Amicus Curiae.
It has been pointed that the Temple Administration is neither averse to
the implementation of the recommendations/suggestions of learned
Amicus Curiae on the issue after holding discussions with all the G
stakeholders on 23.2.2019.
28. It is further submitted that Temple Administration is open to
carry out improvements in the Temple as may be directed by this Court
in the larger interest of the public, however, improvement should be
carried out without hurting the religious sentiments of the people of H
844 SUPREME COURT REPORTS [2019] 16 S.C.R.
A Orissa, the devotees, religious traditions, the rights of Sevaks and the
Jagannath Sanskruti. Since, it does not wish to have chaotic
surroundings around the Shrine or to hurt the religious faith of its
devotees, which are spread all over the world. The queue system has
been introduced by installing steel railings with covers for all the
devotees. Queue is controlled by the police personnel of the Temple
B
Police. Police Officials are monitoring the CCTV footage round the
clock. Railings at the Singhadwar i.e., main entry, have been installed
from 1st week of October, 2019, which was strongly opposed by some
groups claiming to be Jagannath Sena and called for Puri Bandh on
3.10.2019. During which the members of the group vandalized and
C ransacked the Temple Administration, which is causing huge loss to the
property of the Temple Administration. Thus, Temple Administration was
forced to abandon the execution at the main entrance to the Shrine.
29. It is further pointed out that large scale improvement for
managing the crowd inside the Shrine is not possible considering the
D fact that the Shrine being protected religious monument is under the
control of Archaeological Survey of India (ASI) and without its express
permission, no further construction or renovation is possible.
30. As to the abolition of hereditary rights of Sevaks, the Temple
Administration is in respectful agreement, however, it is submitted by
E the Temple Administration that Record of Rights has been conferred
on such Sevaks/Sebayats recognizing their rights under the 1952 Act.
The abolition of the system would require amendment of the Act. It
has also been pointed out that in the event of such amendment to the
existing provisions abolishing the age-old rights of the Sevaks, the same
F would have serious ramifications on the daily rituals/nitis/pujas of Shri
Lord Jagannath as all Pujaries cannot perform seva/puja of the
Deities, which requires special skills and expertise and the present
Sevaks are well versed with the traditional style of seva/puja of the
Deities. The abolition of the system may evoke widespread protest. The
Temple Administration is contemplating to reduce the number of Sevaks,
G
who are large in number and have been enjoying such rights as against
the actual number of Sevaks for performing the daily ritual and
additional Sevaks are required on festive occasions only. There are
about 2500 Sevaks at present and number can be cut down to sizeable
level as per actual requirements. Shri B.D. Sharma, Ex-Governor of
H State of Orissa as also suggested improvement in his report in this
MRINALINI PADHI v. UNION OF INDIA & OTHERS 845
[ARUN MISHRA, J.]
regard. He has also suggested employment of sevayats for nitis shall A
be rationalized and kept within the limits of actual requirement. The
Temple Administration is not in favour of total abolition of ROR of
Sevaks. Sevaks may create serious problems by stopping daily rituals
in the event of such steps being taken for reduction of their numbers.
Thus, matter has been left at that and they will abide by the directions B
and the orders which may be issued by this Court.
31. An incident dated 28.12.2018 which took place in the Shrine
has also been highlighted by the Temple Administration in which one
Bhitar-Chhu Sevak, who was entrusted with the daily duty of opening
the door to the Sanctum-Santorum at 4.30 a.m. for daily puja/nitis, did
C
not open the door on the ground of his personal issues with Police
Administration of Puri Town, leading to delay in performance of seva
and puja, the door was opened at 4.30 p.m. in the evening with the
intervention of Chief Administrator. The Chief Administrator may be
directed to take disciplinary action in accordance with law against those
Sevaks, who are found indulged in anti-temple activities including D
stopping of nitis/pujas/seva and misbehavior/misconduct against the
employees of the Temple Administration and also the devotees. In case
of misconduct with devotees and pilgrims, to debar such Sevaks
permanently from their ROR and benefits/facilities enjoyed by them
under the law. The Committee has also agreed with the collection of
E
donations by Sevaks as suggested by learned Amicus Curiae in Para
9 of his report. The Temple Administration has passed a resolution on
18.8.2018 and has formed a Sub-Committee. It has drafted a regulation
in this regard and the same was awaiting approval of the Managing
Committee in accordance with the procedure provided under Section
31 of the Shri Jagannath Temple Act, 1955. F
32. It is pointed out that suggestions have been made by the Chief
Administrator to the Managing Committee to develop the Mathas
located in the periphery of the Shrine for providing low cost
accommodation to the poor and needy devotees/pilgrims.
G
33. The Temple Administration has taken initiative for launching
E-Services of the Shrine. The website would cover all relevant
information with regard to Shrine like details of seva/puja,
accommodations for the devotees, the price-chart for sale of Prasad/
Bhog. The website was likely to be launched on 7.5.2019, on the
auspicious day of Akshya Tritiya. H
846 SUPREME COURT REPORTS [2019] 16 S.C.R.
A 34. With respect to hassle free darshan to the devotees, the
Temple Administration has initiated steps for providing facility of
Parikarma around the Shrine with covered roof, safe drinking water
facility at suitable points, sitting arrangements for old, aged and
differently-abled persons.
B 35. For providing safe drinking water to devotees and pilgrims,
water purifiers have been installed at several places including Anand
Bazar for pilgrims/Servitors.
36.With respect to improvement in the hygiene conditions around
Rosaghar, the matter has been taken up with ASI to take steps
C including providing cover for pandal where all initial preparations for
cooking takes place.
37. With respect to waste disposal, treatment plant is in place at
southern gate. Other wastes are being collected by the employees of
the Puri Municipality on day to day basis. The Temple is exploring
D further possibility in view of the report of learned Amicus Curiae for
installing effective waste management system.
38. With respect to the welfare measures, the Temple
Administration has pointed out that they are giving following benefits:
“14. That so far as the grievances of the sevaks as highlighted
E in the Report of the Ld. Amicus are concerned, the following
welfare measures have already been provided by the Temple
Administration for their benefits;
a. Monthly pension for old, senior sevaks, differently abled
and widows of the sevaks;
F b. Medi-claim policy to all the sevaks.
c. Scholarship to the children of the sevaks to promote
education.
d. Dispensary providing free medical facilities to the sevaks
and their family members.
G
e. First-Aid centre inside the Shrine for all.
f. Financial helps to sevaks in case of marriage, thread
ceremony and to meet the funeral expenses.
g. Accidental Death Insurance coverage to all sevaks and
H devotees in case of death inside the shrine;”
MRINALINI PADHI v. UNION OF INDIA & OTHERS 847
[ARUN MISHRA, J.]
39. It is further submitted that the Temple Administration is A
concerning about setting up of school for the children of servitors where
priority is to be given to equip the children with the Jagannath
Sanskruti and the rites and rituals attached to seva/puja.
40. Another affidavit has been filed on behalf of Temple
Managing Committee, wherein it is stated that Managing Committee B
has passed a resolution on 27.9.2018, which is to the following effect:
‘(i) Abolition of Hereditary Sevaks/ appointment of Sevaks.
The Managing Committee considered the recommendations
submitted by the Sub-Committee constituted under the
C
Chairmanship of the Chairman of the Managing Committee to
examine this issue; and after thorough discussions unanimously
approved the recommendations of the said Sub-Committee after
some amendments. A copy of the proceedings of the said Sub-
Committee dated 18.09.2018 incorporating the said amendments
is annexed hereto as Annexure: R3/ —— and may be treated D
as part of this affidavit. I wish to respectfully add here that the
daily and periodical rituals of the Deities are performed according
to religious practices, customs and traditions well established since
more than 800 years as per the dictates of scared scriptures.
The sevaks are performing their respective sevas hereditarily
E
since time immemorial. As the seva is hereditary, the Temple
Administration has liberally permitted the descendants of the
hereditary right-holders-sevaks to perform seva as a result of
which the number of sevaks has increased considerably over the
centuries. It is necessary now to streamline and rationalise the
hereditary rights system by re-defined it and implementing it F
correctly. With regard to Puri Shri Jagannath Temple, the
hereditary right of a Sevak is not an absolute right to appointment.
Rather it is a preferential right to be considered for appointment
subject to availability of post, eligibility and fitness. On this basis,
it is proposed to select and appoint the number of sevaks actually
G
required from each category of hereditary right holder sevaks
for the smooth performance of the daily rituals, periodical nitis
and festivals. The number of sevaks actually required and the
procedure for selection will be determined after thorough
discussion and deliberation with Sevak Nijogs and the State
Government. Hereditary right holder sevaks not selected/ H
848 SUPREME COURT REPORTS [2019] 16 S.C.R.
A appointed through this process will be generously compensated.
The State Government will be requested to constitute a committee
under the Chairmanship of a senior Judicial Officer for
determination of compensation to be paid to each sevak who has
not been selected/appointed. However, those who will not be
selected will not lose their status as sevak and they or their
B
successors may be considered for selection/appointment in case
of vacancy arising in future in their category of seva. If a selected
sevak, fails to report in time or neglects in performing his duty,
he is liable to be dismissed from seva through appropriate
disciplinary proceeding under Sec. 21-A of the said Act and a
C new sevak engaged to perform the seva from among the same
category of sevaks in accordance with the R.0.R.. Except handful
of sevaks most of the sevaks are performing their seva with
sincerity and dedication. Many sevaks are not financially sound
which is apparent from the socio-economic survey conducted by
the Temple Administration. Handsome remuneration will be paid
D
to those who will be selected for performing seva puja of the
Deities so that they will not face any difficulty in maintaining
themselves and their family in a reasonable decent manner.
That, learned Amicus Curiae in his report has suggested to reduce
the number of sevaks as per requirement so that each of the
E sevaks gets some turn for seva and thereafter some Purshakar
for the maintenance and upkeep of the family and their livelihood.
The others be given a golden handshake to be worked out
between Administration and Nijog. The learned Amicus Curiae
has also suggested for having a reserve list of sevaks so that in
F absence of any sevak, the rituals and nities are not in any way
affected.
That, it may be considered to exclude those Sevaks who are
involved in criminal activity and in forcible possession of Temple
land while selecting required number of sevaks. Besides that the
G retirement age of the sevaks may be fixed.
(ii) Prohibition to collect money from Annadan Atika by
Sevak. Ban on placing Thali and pitchers by Sevaks to
receive offering :
As regards the prohibition to collect money from Annadan Atika
H by Sevaks, the Managing Committee has resolved to close
MRINALINI PADHI v. UNION OF INDIA & OTHERS 849
[ARUN MISHRA, J.]
Annadan Atika offices run by various sevak nijogs inside the A
Temple premises. It has been decided that the Temple
Administration shall take over the possession of these offices and
collect Annandan Atika money directly from the devotees. The
Annadan Atika system will however be regulated by appropriate
Regulation framed by the Managing Committee under the said
B
Act to ensure fair and proper operation of this practice to the
complete satisfaction of the devotee/pilgrims. This regulation will
also appropriately regulate the smooth functioning of traditional
Jatri Panda seva carried by the Sevaks and ensure that no
devotee-pilgrim is put to any harassment or inconvenience
whatsoever. The Yatri Pandas serving the pilgrims as guide in C
the Temple premises will be granted license, under specific terms
and conditions by the Temple Administration to work as guides.
That, the Temple Managing Committee in its meeting held on
18.08.18 has constituted a sub-committee under the Chairmanship
of Chief Administrator to draft a regulation for the purpose of D
collection of Atika Money by Temple Administration and for its
proper utilization with a view to save the pilgrims from exploitation.
A draft regulation has been prepared and it is in active
consideration.
As regards Ban on placing Thali and pitchers by Sevaks to E
receive offerings, it has been contemplated, to replace the Thali
and pitchers with well designed donation boxes to be kept in
suitable places accessible to the devotees for placing of offerings.
(III) Temple Management to take control of Rosaghar and
Chuli (Hearth): F
In this connection, it is submitted that there are 240 chulis
(traditional hearths for cooking bhoga) within the Rosa-ghara
(Temple kitchen). 8 chulis are dedicated for preparation of
‘Kotha-bhoga’ (which is distributed among the Sevaks as per
ROR); the cost of which is borne by the Temple Administration. G
The balance 232 chulis are used by the Supakars (traditional
Temple cooks) for preparing “Baradi-bhoga” (bhoga for sale to
devotees) and the respective Supakars bear the expenses in this
regard. The Managing Committee has decided that the said 232
chulis will be let-out to the Supakars on annual license basis on
specific terms and conditions. An appropriate Regulation under H
850 SUPREME COURT REPORTS [2019] 16 S.C.R.
A the said Act is being framed for comprehensively regulating all
activities in the Rosa-ghara as well as in the Ananda-bazar
(where Mahaprasad is sold to the devotees) to ensure hygienic
and proper preparation of the bhoga and its sale to devotees at
reasonable rates in a systematic, organised and hygienic manner.
B That, Mahaprasad is being sold in Ananda-bazar of the Temple.
Dry Mahaprasad and mementos of Lord Jagannath are being sold
in shop rooms constructed within the Ananda-bazar. For sale of
Anna Mahaprasad by Supakars sheds have been set up within
Ananda-bazar. Steps has been taken to fix the rate of Mahaprasad
in consultation with the Suar Mahasuar Nijog and the rate chart
C will be displayed within Ananda Bazar. A control room will be
opened within Ananda Bazar to address the grievances of the
purchasers of Mahaprasad. A separate place will be identified
and selected for storing and dispatching of “Baradi Bhog” (Bhoga
prepared on orders of devotee).
D The learned Amicus Curiae, has suggested to make the courtyard
near Roshaghar where vegetables are chopped and spices are
grinded for preparation of Bhog more hygienic. In this regard
Temple Administration has decided to reconstruct the dilapidated
structures standing on said courtyard and to repair the floor of
E the courtyard by replacing stones in consultation of the A.S.I.
(IV) Provision of separate toilets for male and female
members of the public and for Sevaks:
That, a Toilet has been constructed outside West Gate of the
Temple for use by the Sevaks and another toilet has been
F constructed outside south gate of the Temple for use by the
pilgrims. A committee was constituted consisting of the Collector,
Puri, S.P., Puri and Administrator (Development), Shree
Jagannath Temple, Puri to identify other suitable places at the
outer periphery of “Meghanada” Pracheri for construction of
G separate toilets for male and female pilgrims. After identification
of the land, steps have been taken to construct toilet blocks for
male, female and differently abled person at one of the location
near West Gate of the Temple.
(V) Queue system for hassle-free darshan :
H As regards the queue system for hassle free Darshan, it is
MRINALINI PADHI v. UNION OF INDIA & OTHERS 851
[ARUN MISHRA, J.]
submitted that queue system has been introduce experimentally A
from 1st Oct, 2018. Arrangement have been made for entry of
devotees through Lion’s Gate exit through other three gates. The
devotees are being allowed to main temple batch by batch through
‘Sata Pahacha’ (on the northern side) and exit through ‘Beheran
Dwar’. Since it is a very old temple and limited space and has
B
several rituals which requires to be performed without any
obstacles, no permanent barricades from Sata Pahacha to
Beheran Dwar can be set up to allow the devotees to go through
in a queue. However, steps will be taken to deploy additional
Temple Police and District Police Staff to manage the Crowd.
C
It is pertinent to mention here that for hassle free Darshan of
Deity by differently abled persons, special arrangements are being
made. The differently abled persons will enter the Temple
through North Gate, and will have Darshan of Deity from ‘Bahara
katha’ (Inside Nata Mandap near Jay Bijay Dwar). For this
purpose a ramp is under construction. D
(VI) Surveillance of collection from Hundis and
receptacles:
As regards the surveillance of collection from Hundis and
receptacles, it is submitted that the collection from Hundi and
E
donation boxes are being counted by designated Temple Officers
& Staff in the presence of representative of Sevaks in the Branch
Office of the Temple located within the Temple precincts. For
effective surveillance of the counting process, five closed-circuit
cameras have been installed at the counting place monitored by
senior Temple officials and the counting process is also displayed F
through a large L.E.D. monitor installed outside the said Branch
Office.
(VII) Audit of Temple Funds by Accountant General :
As regards the Audit of Temple Funds by Accountant General,
G
it is submitted that as per section 27(1) the said Act read with
Shri Jagannath Temple Audit Rules, 1968, the audit of Shri
Jagannath Temple Accounts is being conducted by Local Fund
Auditors as appointed by the Government of Odisha from time
to time. The Managing Committee moreover appoints a reputed
Chartered Accountant for internal audit and special audit of H
852 SUPREME COURT REPORTS [2019] 16 S.C.R.
A income and expenditure of the Temple funds. All expenditure of
Government grants (which are required to be placed before the
State Legislature) are audited by the Account General Auditors
appointed by the State Government. It has been proposed to
introduce online account system from the current financial year.
B (VIII) & (IX) Identity Cards for Sevaks and Staff & Guides
to be registered in Temple Office:
As regards issue of identity cards for Sevaks and staff and
registration of Guides, it is submitted that multi-coloured identity
cards with smart chips will be issued by the Temple
C Administration to all officers and employees of the Temple.
Besides, all Sevaks, agents of hereditary Yatri-pandas, employees
of Sevak-nijogs including those engaged in the Rosa-ghara and
Ananda-bazar (such as, porters and kitchen assistants, namely,
tunia, jogania etc.) will also be provided identity cards. With the
introduction the new identify cards all identity cards issued earlier
D will be cancelled.
(X) Reduction of over-staff :
In this regard, it is submitted that a professional agency will be
hired to design the staff structure of various categories of Temple
E staff. It may be stated here that the staff strength of Temple
Administration at present is 547 which is substantially less than
the staff strength in other important shrines of India. On the other
hand, the number of devotees visiting Puri Temple on any normal
day is much more than other shrines of India. On festive
occasions, there is a manifold increase in the number of visitors
F to the Temple.
(XI) Single authority for security management in Temple
premises:
As regards appointment of a single authority for security
management in the Temple premises, it is submitted that the State
G
Government was requested to appoint an officer of the rank of
Additional Superintendent of Police who will be the Administrator
(Security) of the Temple and will also hold charge of Singhadwara
Police Station located near the main entrance gate of the Temple.
Accordingly the State Govt. has appointed Addl. S.P. Puri as
H incharge Administrator (Security) Shree Jagannath Temple, Puri.
MRINALINI PADHI v. UNION OF INDIA & OTHERS 853
[ARUN MISHRA, J.]
The copy of Notification dtd.5.02.19 is annexed hereto and A
marked as ANNEXURE:R3/——- of the Paper Book)
(XII) Proposed amendments to Shri Jagannath Temple Act,
1955:
As regards suggestions for amendments to Shri Jagannath
B
Temple Act, 1955, A draft amendment is under preparation which
will be placed before the Temple Managing Committee and State
Govt. for necessary orders.”
41. The District Judge along with his report has also filed the
relevant extracts of the report of the Commission of Inquiry headed
C
by Shri B.D. Sharma, Ex-Governor, Orissa as Annexure-K and that of
Mr. Justice B.K. Patra, former Judge, High Court of Orissa as
Annexure-L. The recommendations in the interim report dated 20.4.2017
of the Commission of Inquiry into the affairs of Shri Jagannath Temple
has also filed as Annexure-N. We have carefully perused the various
reports submitted including the one by Shri Ranjit Kumar, Amicus D
Curiae and Ms. Priya Hingorani, learned Senior Counsel as well as
the Audit Report of Accountant General, Orissa; suggestions given by
Srimad Jagadguru Shankaracharya and Swami Nishchalanand
Saraswati; and the response filed by the Temple Managing Committee.
42. It is apparent that various aspects have to be gone into and E
considered by the Temple Managing Committee and wherever the
Government role comes in, the Government has to do the needful after
taking all the stakeholders into confidence. Let following aspects be
considered:
(i) We are very concerned and worried as to the incident F
dated 28.12.2018, pointed out by the Temple Managing
Committee in which one Bhitar-Chhu Sevak, who was
entrusted with the duty of opening the door of Sanctum-
Santorum at 4.30 a.m. for daily puja/nitis, did not open
the door on the ground of his personal issues with the
Police Administration of Puri Town and the door was G
opened at 4.30 p.m. This is unpardonable. No one has
right to obstruct the nitis and rituals of the Deity to be
performed and there are approximately 60,000 people
visiting the Temple every day. There is absolutely no
right with anyone to delay the opening of the Temple H
854 SUPREME COURT REPORTS [2019] 16 S.C.R.
A for even a minute. There was total mal-administration
and chaos writ large from the aforesaid incident. There
is no disciplinary control available. In the circumstances,
we have to authorize the Chief Administrator of the
Temple, for the time being, to take appropriate steps
against such servitors/incumbents, who create
B
obstruction in seva/puja/niti and are involved in
misbehavior and misconduct against the employees of
the Temple Administration or with devotees and he may
pass appropriate orders considering the nature of
indiscipline.
C (ii) Srimad Jagadguru Shankaracharya has expressed
grave concern about the nitis/rituals which are required
to be performed daily, otherwise it would amount to
desecration of the Deities. What rituals are to be
performed is not for the Court to decide, but when
D Temple exists due to the Deities, the Deities cannot be
permitted to be disregarded by non-performance of the
nitis, puja and ritual in the traditional form as observed
by Srimad Jagadguru Shankaracharya of Govardhan
Math, Puri in his suggestions, nitis are to be performed
as per the traditional rituals laid down in Brahma
E Purana, Vamdev Samhita, Pancharatra - Ishwar
Samhita and Vimarsha, which mention consecration,
worship and different festivals related to Shri
Jagannath Temple. Let the Temple Management
Committee invite Srimad Jagadguru Shankaracharya
F and other stakeholders including the erstwhile ruler
Gajapathi and ensure that nitis, puja and ritual are
performed as prescribed. They are performed regularly
punctually every day without any remiss and obstruction.
At the same time, we request the Temple Managing
Committee to ensure that as suggested by Srimad
G Jagadguru Shankaracharya and also as per Record
of Rights, nitis and puja are performed each and every
day. The Temple Managing Committee is the best
master to ensure the same. Let the Temple Management
Committee ensure and supervise that nitis and rituals
H are performed regularly.
MRINALINI PADHI v. UNION OF INDIA & OTHERS 855
[ARUN MISHRA, J.]
(iii) There is a need for setting up of schools for the children A
of servitors. We direct the Temple Managing Committee
to allot suitable place for the school for children of
servitors for their proper education as may be considered
necessary. The school should also cater to other
members of the public, and not exclusively for children
B
of such servitors. The cost of Rs.5 crores imposed on
Kalinga Institute of Medical Sciences (KIMS) in C.A.
No. 4914 of 2016, lying in deposit in this Court along
with interest, to be utilized for the purpose of setting up
the school and its infrastructure. The Chief Architect
of the State to ensure that proper plan is produced with C
the help of the Temple Managing Committee and
progress of steps taken in this regard be informed to
this Court.
(iv) There are vast immovable properties within and outside
the State belonging to the Shri Jagannath Temple. It D
is stated by learned Amicus Curiae in his report that
60,418 acres of land belong to the Temple and Record
of Rights have been prepared for 34200.976 acres so
far. Let the remaining Record of Rights be prepared,
as far as possible, within 6 months and the same be
placed before this Court. With respect to other E
immovable properties within and outside the State, let
inventory be prepared and details be submitted and how
they are being utilized also how much income is
generated from them.
(v) It is stated by learned Amicus Curiae in the report that F
there are several quarries and mines of the Temple,
which are in operation without payment. A list of
quarries and mines be prepared as to how they are being
managed, who is operating them, on what basis and what
is the income of the Temple from them and the G
outstanding dues. Let the list of quarries and mines be
produced and the income generated/outstanding dues
with names with other details.
(vi) There is no proper accommodation at present for
pilgrims provided by the Temple Managing Committee. H
856 SUPREME COURT REPORTS [2019] 16 S.C.R.
A Report of Shri B.D. Sharma, former Governor of Orissa,
indicated that there was need of providing
accommodation to 60,000 pilgrims. With respect to the
accommodation not only the Temple Administration, but
the Government can also do the needful as that is for
providing shelter to humanity, which is necessary. When
B
there is a vast congregation of people, it becomes the
Government’s duty to ensure welfare, law and order,
hygiene and provide proper amenities and sanitation
facilities. The State Government is, therefore, directed
to work out and prepare a plan in this regard. The
C Temple Administration is directed to coordinate with the
Government in this regard for providing shelter place and
facilities to the pilgrims.
(vii) It appears that there is necessity for qualified servitors
in traditional nitis and rituals. It is for the Temple
D Management Committee to ensure that proper training
is imparted to the servitors as they are in very large
number and to ensure that only qualified servitors in
traditional nitis and ritual, perform seva, puja and nitis.
(viii) Concern has been expressed in various reports with
E respect to economic welfare of the servitors. It is for
the Temple Administration and for the Government as
it provides grants to temple to ensure that servitors are
looked after properly. At the same time, it is also
necessary to ensure that pilgrims are not harassed for
obtaining donations and donations are properly
F
accounted. It can only be ensured when servitors are
properly looked after including remuneration and health
welfare. Likewise, to stop harassment strict control and
discipline with suitable and swift mechanism to punish
the erring, should be put in place.
G
(ix) Concern has also been expressed in the report with
respect to the sub-letting of seva/puja. Contracting the
seva/puja is improper and the Temple Management
Committee is directed to take steps in this regard and
ensure that seva/puja is performed by a person to whom
H it is assigned by it.
MRINALINI PADHI v. UNION OF INDIA & OTHERS 857
[ARUN MISHRA, J.]
(x) Concern has been expressed in various reports with A
respect to hygiene in the Rosaghar. We direct the
Temple Administration to maintain hygiene in Rosaghar
at all costs. The hygiene of Rosaghar is indispensable
as Bhog for Deity is also prepared. The place has to
be clean and hygienic. All effective steps to ensure this
B
shall be taken including using proper means for cooking
etc.
(xi) It was also pointed out by the learned Amicus Curiae
that certain preliminary preparations take place in the
open area. This state of affairs is not proper. In case
C
preparation of food take place in an open area, obviously
it is bound to be contaminated. The preparation of food
should be done in permanently covered area in an
absolutely hygienic condition. The ASI shall forthwith
clear the plan for construction of sheds/permanent
structures which is absolutely necessary. D
(xii) Reports have pointed out that prasad, which is sold in
Ananda Bazar, is also not sold in hygienic manner. Let
such places be improved and made hygienic, prasadam
should be kept in fly proof receptacles and it should be
sold at proper rates, to be fixed by the Temple E
Management. The purity of the prasadam also shall be
ensured by the Temple Managing Committee.
(xiii) In the report, necessity has been indicated for I-Cards
for servitors and staff, which is in the interest of the
Temple Administration. The servitors and staff should F
be provided with I-Cards so that unscrupulous persons
are not able to present themselves as servitors or staff
members and the people are not misled on the basis of
wrong identity.
(xiv) In the report of Shri B.D. Sharma, Ex-Governor, Orissa, G
necessity of a dairy farm has also been pointed out. It
would be ideal for the Temple to have the dairy farm.
Let the Temple Management Committee consider the
same in coordination with other stakeholders with
respect to opening dairy farm. H
858 SUPREME COURT REPORTS [2019] 16 S.C.R.
A (xv) It appears from the Managing Committee response that
lot needs to be done with respect to having proper
darshan by people at large. As a matter of fact, there
should not be any commotion and chaos as large number
of pilgrims are visiting the Temple every day. It is a pious
duty to provide proper darshan in systematic manner
B and to take care of the aged, the infirm and children. It
is for the experts to suggest what system can be devised
without disturbances to the rituals to be performed in
Temple and passage required for it and thereafter
Temple Management Committee and Administration
C have to consider it. We direct the Temple Administration
and the Chief Administrator including the State
Government to prepare a roadmap with the help of
experts for having proper darshan by the devotees/
pilgrims and to implement it effectively and to ensure
that there is no commotion so that everybody is able to
D have darshan peacefully without any obstruction by
anybody.
(xvi) There are certain incidents which have been pointed out
in the report relating to the misbehavior with the women,
snatching of ornaments, etc. There should not be any
E room for any such incident in the Sanctum-Santorum and
other Temples situated around. If such incidents are
taking place, it has to be dealt with all seriousness with
firm hand and there should not be any room for such
incidents. Unlawful elements are responsible for doing
such acts have to be removed out of the premises at all
F costs. We direct the Temple Administration and also the
Temple Police to ensure that let there be a dedicated
section of personnel to tighten security inside the temple
and only to ensure that no such incident takes place in
the Temples and no misbehavior is meted out to women.
G Those found involved in such acts cannot be said to be
believer in the God also. When such an act is performed
in the Temple, it is very disrespectful to Shri Jagannath
and the Sanskruti. There is no place for such unlawful
activities in Temples. The temple authorities and the
police are directed to take strict action to avoid such
H incidents.
MRINALINI PADHI v. UNION OF INDIA & OTHERS 859
[ARUN MISHRA, J.]
(xvii) With respect to valuables of the Temple, let the Temple A
Management place before this Court, what kind of
inventory it has prepared? How it proposes to secure
the valuables of the Temple and ornaments offered by
the devotees?
(xviii) Learned Amicus Curiae has also pointed out that there B
is need for an effluent treatment plant and waste
management system which is one of the requirements
for keeping the area clean and hygienic for devotees.
The State Government can also spend money in this
regard, as it is a secular activity. Let proper effluent
C
treatment plant and waste management system be set
up with the help of experts by the Temple
Administration and the State Government as may be
considered appropriate.
(xix) Learned Amicus Curiae has also pointed out that there
D
is a necessity for separate toilets for male and female.
We direct that let the toilets be provided with modern
amenities and should be kept absolutely clean. The
number of toilets shall be adequate having regard to the
average footfall in the temple, which is large in number.
E
(xx) There is a necessity pointed out about the cloak rooms.
Let steps be taken by the Temple Administration in this
regard.
(xxi) As pointed out in the report, there is necessity for
motorcycle stand. Let steps be taken to provide
F
motorcycle stand within a period of 4 months, not only
for servitors, but also for those who are visiting the
Temple on their own vehicle and it is for the local
Administration to work out the proper place for such
purpose.
(xxii) As there are various reports which have been submitted G
from time to time containing various suggestions. What
steps have been taken with respect to the suggestions
pointed out in these reports, shall also be considered by
the Temple Management at the first instance and
whatever is done by the other stakeholders like State H
860 SUPREME COURT REPORTS [2019] 16 S.C.R.
A Government and others, should also be considered by
respective stakeholders. In case they have taken any
action, be also report to this Court.
(xxiii) Considering the overall situation and the facts, we direct
the State Government to depute full time Chief
B Administrator, not by way of additional charge forthwith.
One of the positive developments is that of introduction of E-
Portal. Constant endeavor has to be made to improve upon the
information made available. It appears from the reports that there are
various temples of importance and different systems of having darshan.
C It is for the Temple Committee to place such information on website.
We place on record our appreciation that all the stakeholders are happy
with the development which is taking place at the instance of State
Government and they are cooperating with each other in restoration of
glory of Lord Shri Jagannath Temple. We direct ASI also to cooperate
and to permit the activities of improvement which are not prima facie
D objectionable and are necessary for public hygiene, sanitation and public
health and upgradation of the facilities and at the same time it has to
ensure that the form of the new structure is maintained in the same
manner as the ancient one.
Let the Temple Management Committee consider various other
E positive aspects for improvement and invite all the stakeholders including
the State Government, whose cooperation is necessary in permissible
matters, to take care of finance in the various development activities.
The Temple Management Committee has to take steps as it is the sole
repository of faith. The progress report and the decisions taken shall
F be submitted in this Court within eight weeks, in the form of an action
taken report.
List the matter on 8th January, 2020.
Kalpana K. Tripathy Directions issued.
G
H
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