SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR

‘kodilya’ in his first Sutra. Mahadev authentic south-direction Linga formation is the only one at ‘Mahakaleshwar Jyotirling’ besides this the accreditation is that it doesn’t exist at any other place. Persons who adopt Pasupat yog should take bath thrice with Bhasam, should sleep on bed of Bhasma, even after taking food etc he should put Bhasam on his body, should possess Shiva Nirmaalya, such as House holders and people living in the other hermitage have their own special symbols likewise Bathing with Bhasam [Bhasam ashnan], Sleeping on Bhasam, Anuashnan Shiva Nirmaalya are symbol of person of Pasupatl’s, Pasupati should chant five Braharn mantra purified by ‘Sadvoiata’all these should be performed in congruence of south facing staue of Lord Mahadev.ln brief it has been narrated about Pasupat, Pasupat tradition originated from Lord Shiva has always been followed regularly in Bharat today they are known as ‘Naga Sadhu’, There is evident proof of Pasupat and Naga Sadhu’s are time to time mentioned in ancient books [Grants], and are been quoted in scripts of others religion [Jainism and others]. Origin of Mahakal: According to Shiva Mahapurana Kotirudra sanhita Update 16, a Brahmin lived with his four sons in Ujjain [Ujjani] city, that Brahman daily used to perform Agni horn & terrestrial Shiva Linga, at the same time an evil demon called Dushan lived on the mountain called Ratanmal. On day when Brahman was delighted in meditation of Lord Shiva then only Dushan monster arrived along with his army and tried to kill Brahman then only Lord Shiva manifest from the terrestrial Linga worshiped by the Brahman, said that I am Mahakal who destroys evil demon like you, move away from this Brahman, and by a single word ‘Hunkar’ reduced that evil demon along with his army into ashes, after the killing of Dushan these Brahmins prayed to Lord Shiva to stay their and Lord Shiv accepted it stable himself in form of Lingas and known as Mahakal. In the 17th chapter of this mythology, King Chandra Sen of Ujjain and one Gope child also worship the Mahakaleshwar Lingas. A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 649 Pasupat and Mahakal: In the Puranas and many other literature, the material related to Mahakal is obtained, according to available evidence, current Mahakal temple is the only authentic South facing Shiva Linga, ,in the past there was crematorium at this place, this is the only Shiv Lingas in the universe on which from unknown time ashes of funeral pyre brought from crematorium by pronouncing Sadyojata Five mantras is plated by Naga [Pasupatis] Sadhu. This tradition is not experimented anywhere else except Mahakal no other sect in the universe except Pasupat loves Bhasam and crematorium, he is worshiper of south facing Shiva and uses bhasam purified by Pach Braham[ Sadyojata] mantras. Current format of Pasupat which was preached by Lukulish in Ujjain these probes that Pasupat and Mahakal are mutually related and according to the said behavior in Mahakal before and during today’s time, Mahant of Nag a Sadhu’s at Mahakal is following the tradition of Pasupat. Swet Saga the first Pasupat acharya in Swetashwer upnished have mentioned at different places about Divine power of Shiva especially in chapter (4-20) He has praise a special appearance of Rudra’s southern face, In mahabharat chapter Anushasan parv Shiva told Uma that I have delivered the preaching on Pasupat from my Southern face, in Shiv Mahapuran, Ling Mahapuran, Panchbrahmhopnishad volumes south facing Shiva has been called Aghor, It is famous the crematorium is very dear to Shiva and Shaiv Aghories, in Ling Mahapuran worshiping South facing Shiva by Bhasam has been mentioned specifically, proof in these texts certify & it is evident that the present Jyotilinga of Mahakal south facing aghor shiva statue, that’s why Naga Sadhu’s (Followers of Pasupat branch) are offering Bhasam ashnan daily to him, since ancient times (according to the evidence of Kondilya it is 1500 years back) is being performed even today. The ritual of performing Bhasma ashnan to Mahakal can be carried out only and only by Naga sadhu’s nobody else can do nor should it can be attempted. If attempted it will destroy the tradition and will hurt the sentiments of Hindu religion. Today even the Hindu devotees visit Mahakal to visualize the Bhasma Ashnan of Maharaja Mahakal. A B C D E F G H 650 SUPREME COURT REPORTS [2018] 4 S.C.R. A B C D E F G H Antiquity of Mahakal and Pasupat: By 1735 when Ujjain has come under domination of Marathas at that time Ranoji Schinde who was appointed by Peshwas, and has given charge of Ujjain to Diwan Ramchandra this Diwan Ramchandra had rebuilt the present Mahakal Temple, approx 1235 Shamsuddin Alatmas had robbed and destroyed the Mahakal Mandir. Restoration of Mahakal Temple was executed by Raja Bhoj approx during 1010, state poet Ban Bhat of Harshvardan who ruled the state during 590-647 has also described about Mahakal & Pasupat in his poem Harshcharit & Kadambari. During the time of Vikramaditya great Poet Kalidas has specifically mentioned Mahakal Temple in his Poetry Raghuvansh and Meghdoot it is difficult to specify the time of Kalidas, but at least 1650 years is prevalent in the past not less than that. Apart these description of Mahakal are found in Puranas and Tantra shastra also, but time can be mentioned by Historians, we can’t. In book Heart of Jannisium written by Stevenson has also mentioned that Founder of Jain religion Mahaveer also visited Ujjain and has performed austerity, famous Mahakal Temple was established in Ujjaini. What is the truth we can’t say but from the available scripts it can be mentioned that approx 2000 years past existence of Mahakal Temple is evident because Historian has predicted the time of composition and preaching of Pasupat 150 B.C to 1st A.D and there is indirect form of discussion of Mahakal in Pasupat Sutra. Now briefly we should view the ancientity of Pasupat. From 1295 to 1385 a person named Acharya Madhav has mentioned briefly about Nakulish Pasupat Sight to Shavya Sect in his book called Sarvya Darshan. In eight century Shankracharya has specifically discussed about Pashupat Sect in his Vedant Sutra chapter 2, fart 2, formula 37 which is an authentic book. This Formula of Vedant has clearly mentioned of Pasupat Sect by mentioning word Pati so the Pasupat is ancient the Braham Sutra and the time of composition of Vedant sutra is between 4000 B.C to 450 B.C as described by historian in their own way, so it is difficult to predict the exact time, approx 2000 years back Pasupat Sect was fully established or it was’ in the beginning shape this can be said.” SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 651 Preservation of Mahakaleshwar Linga:

#4. This Court has primarily entertained the petition vide order dated 5.5.2017 as it transpired that the idol of Lord Shiva in the form of Lingam is in danger due to various causes and it has deteriorated as such notice was issued to ensure its preservation.

#5. The appellant has filed an additional affidavit in the matter of erosion of Lingam. It has been pointed out that due to the erosion of Omkareshwar Jyotirlingam, offerings have been banned. Omkareshwsar Jyotirlingam is situated nearby Ujjain. In this regard, newspaper report dated 15.11.2006 as to Mahakaleshwar Jyotirlingam has also been filed.

#6. Following is the report dated 15.11.2006 published in the newspaper UNI : “Mahakal Jyotirlinga eroding: Published: Wednesday, November 15, 2006, 11:40 [IST] Indore, Nov 15 (UNI) ‘Jyotirlingam’ of Lord Mahakal at temple town Ujjain is gradually getting eroded. More than 30 square cm scalp of the holy ‘lingam’ has come out with nearly 7-8 mm thickness from the eastern side along with 3-4 similar circular patches, having 2-2.5 cm diameter and 6.5 mm depth, just above the bigger patch. The entire holy ‘lingam’ is having geological scaling on the western side. Two vertical carving has raised concern that the ‘lingam’ will have enough chances of splitting into three pieces in future. Dr. Ram S Shrivastava, a known scientist closely observing the holy lingam since 1953, is convinced that if due care was not taken then “we will have to cut a sorry figure in future.” He said the Mahakal was the oldest ‘Jyotirlingams’ out of 12 ‘Jyotirlingams’ in the country and the only one facing south. The Mahakal temple was destroyed by Sultan Shamsuddin Iltutmish of Delhi in 1235 and it was later restored by the Scindias in the 19th century. There is a 5,000-year-old record available for worships. It is believed that the ‘Jyotirlingam’ was found inside the Koti Teerth Kunda in the Mahakal campus and the temple was first constructed by King Vikramaditya. Dr. Shrivastava said A B C D E F G H 652 SUPREME COURT REPORTS [2018] 4 S.C.R. one of the reasons for erosion could be pouring of chlorinated water -nearly 25,000 litres a day -besides about 80 ‘pundits’ from 16 Brahmin families massaging the lingam on rotation basis using Bhat Shringar, Bhang Shirngar etc. Milk’ and other offerings could be accounted in tonnes. Almost every visitor touched the holy shrine and often rubbed and pressed it during prayers.”

#7. Yet another report dated 7.7.2014 about banning of offerings of sugar, ghee, milk, curd etc. in the temple at Ujjain has been placed on record. That management wanted experts to check erosion of Jyotirlinga of Mahakaleshwar Temple at Ujjain. Following is the report dated 7.7.2014 : “Mahakal management wants experts to check erosion of jyotirlinga TNN | Jul 7, 2014 11.42 AM IST UJJAlN: Mahakaleshwar temple administration has written a letter to the commissioner of state archaeology department to send a team of experts to examine reported erosion in treasured stone jyotirlinga at the temple. District collector and temple committee head BM Sharma told newspersons on Saturday that steps needed to prevent the erosion would follow the report and suggestions of experts expected to visit the temple shortly. The issue of erosion of Shivling has been in news for over a decade, prompting the issuance of guidelines. But norms were not implemented. .It has been reported several times that use of impure puja materials like sugar, ghee, milk, curd, and others is causing erosion in two-and-half-feet high shivling. The administration even restricted the use of these materials to 1.25 liter per devotee a few years ago, but it was not controlled and monitored. Similarly, a suggestion to establish kiosk of Sanchi milk in temple corridor to ensure pure milk, ghee to pilgrims, is gathering dust. The shops outside the temple are selling sub-standard puja materials and devotees have no option but to buy them. A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 653 The shivling at Mahakal is much in height compared to jyotirlinga at Onkareshwar temple in Khandwa district and the administration there a few months ago the restricted use of panchamruit material to avoid the erosion. Use of sugar granules is already banned in other Mangalnath temple in Uijain and devotees have been asked to use powdered sugar.” Reasons for decay and conservation of heritage monument have also been placed on record.

#8. Later on, an application under Article 142 of the Constitution of India has also been filed by the appellants for the issuance of appropriate directions for the preservation of Lingam and prayer has also been made for the appointment of Expert Committee.

#9. Mahakaleshwar Jyotirlingam has so much importance for spiritual and other gains, there is a constitutional duty to protect it as envisaged in Article 25, Art. 26 read with Article 49, at the same time there is a fundamental duty under Article 51A of the Constitution to promote harmony and the spirit of common brotherhood as provided in Article 51A and to value and preserve the rich heritage of our composite culture. It is also the duty to strive towards excellence in all spheres of individual and collective activity as provided in Article 51A (a)-(j). Articles 51A (a), (e), (f) and (j) are extracted hereunder: “[51A. Fundamental Duties.- It shall be the duty of every citizen of India- (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; A B C D E F (f) to value and preserve the rich heritage of our composite culture; G (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.” H 654 SUPREME COURT REPORTS [2018] 4 S.C.R.

#10. In Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002) 7 SCC 368, this Court has considered the importance of moral values in religions and it was observed that the religion is the foundation for the value-based survival of human beings in a civilized society. The force and sanction behind civilized society depend on moral values. Religion should not be misunderstood. The secular democracy requires where even a very weak man hopes to prevail over a very strong man on the strength of rule of law by proper understanding of duties towards the society. In Aruna Roy (supra) this Court has observed thus: “30. Undisputedly, the aforesaid S.B. Chavan Committee’s report was placed before Parliament for discussion. None can also dispute that the past five decades have witnessed a constant erosion of the essential social, moral and spiritual values and increase in cynicism at all levels. We are heading for a materialistic society disregarding the entire value based social system. None can also dispute that in a secular society, moral values are of utmost importance. A society where there are no moral values, there would neither be social order nor secularism. Bereft of moral values secular society or democracy may not survive. As observed by the Committee, values are virtues in an individual and if these values deteriorate, it will hasten or accelerate the breakdown of the family, society, and the nation as a whole. In a society where there is constant evaporation of social and moral values for getting property, power or post, — is it not advisable to have a solid social foundation from the base level so that a grown- up person would fight against all kinds of fanaticism, ill-will, violence, dishonesty, corruption, and exploitation? The answer would obviously be — ‘yes.’

#31. Further, for controlling wild animal instinct in human beings and for having a civilized cultured society, it appears that religions have come into existence. Religion is the foundation for value based survival of human beings in a civilized society. The force and sanction behind civilized society depend upon moral values. The philosophy of coexistence and how to coexist is thought over by the saints all over the world which is revealed by various philosophers. How to coexist, not only with human beings but all living A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 655 beings on the earth, maybe animals, vegetation and the environment including air and water, is thought over and discussed by saints and leaders all over the world which is reflected in religions. If that is taught, it cannot be objected as it is neither violative of constitutional or legal rights nor it offends moral values. This has been dealt with elaborately by the S.B. Chavan Committee. The Committee as stated above had invited suggestions from noted educationists on various aspects of value-based education. As stated by the Committee it had benefited by the views of eminent experts/NGOs doing pioneering work in this area. Further, no one can dispute that truth (satya), righteous conduct (dharma), peace (shanti), love (prem) and non-violence (ahimsa) are the core universal values accepted by all religions. The Committee has also pointed out that religion is the most misused and misunderstood concept. However, the process of making the students acquainted with the basics of all religions, the values inherited therein and also a comparative study of the philosophy of all religions should begin; students have to be made aware that the basic concept behind every religion is common, only the practices differ. If these recommendations made by the Parliamentary Committee are accepted by NCERT and are sought to be implemented, it cannot be stated that its action is arbitrary or unjustified.

#32. Further, it appears to be a totally wrong presumption and contention that knowledge of different religions would bring disharmony in the society. On the contrary, knowledge of various religious philosophies is material for bringing communal harmony as ignorance breeds hatred because of wrong notions, assumptions, preaching and propaganda by misguided interested persons.”

#11. There is a pious purpose of all the religious activities, no religion breeds hatred. It is in order to bring harmony and to understand basic human values and for self-realization and to visualize the concept of equality pilgrimages by the various sections of people of various religions. Secularism is the basic structure of the Constitution that has to be given the meaning that is developing understanding and respect towards different religions. The essence of secularism is non-discrimination of people by A B C D E F G H 656 SUPREME COURT REPORTS [2018] 4 S.C.R. the State on the basis of religious differences. In the Commissioner, Hindu Religious Endowments, Madras vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [AIR 1954 SC 282], this Court has considered the concept of religion under Article 25. It has been observed that it secures to every person, subject to public order, health and morality, a freedom not only to entertain such religious belief, as may be approved of by his judgment and conscience but also to exhibit his belief in such outward acts as he thinks proper and to propagate or disseminate his ideas for the edification of others. This Court has observed that the question relating to the administration of properties belonging to a religious group or institution are not matters of religion. Religion is a matter of faith with individuals or communities. It is not necessarily theistic. In the said case it was observed that “there are well-known religions in India like Buddhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well-being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion. The guarantee under our Constitution not only protects the freedom of religious opinion but it protects also acts done in pursuance of a religion and this is made clear by the use of the expression practice of religion.”

#12. In Prafull Goradia v. Union of India [2011 2 SCC 568] this Court has observed that if Government is making small expenditures separately for separate religions, therefore granting support to Haj pilgrims was not violative of Article 14 or 15. This Court has observed thus: “8. In our opinion Article 27 would be violated if a substantial part of the entire income tax collected in India, or a substantial part of the entire central excise or the customs duties or sales tax, or a substantial part of any other tax collected in India, were to be utilized for promotion or maintenance of any particular religion or religious denomination. In other words, suppose 25 % of the entire income tax collected in India was utilized for promoting or maintaining any particular religion or religious denomination, that, in our opinion, would be violative of Article 27 of the Constitution. A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 657

#10. In our opinion, if only a relatively small part of any tax collected is utilized for providing some conveniences or facilities or concessions to any religious denomination, that would not be violative of Article 27 of the Constitution. It is only when a substantial part of the tax is utilized for any particular religion that Article 27 would be violated.

#14. Hence, in our opinion, there is no violation of Article 27 of the Constitution. There is also no violation of Articles 14 and 15 because facilities are also given, and expenditures incurred, by the Central and State Governments in India for other religions. Thus there is no discrimination.”

#13. This Court in Transport & Dock Workers Union v. Mumbai Port Trust (2011) 2 SCC 575 has considered the essential spending of the government money on religions when it can be violative of Article 27 and has laid down thus: “10. Insofar as the provision of Section 9A of the Industrial Disputes Act is concerned, it was submitted that since by the policy decision no change in relation to the personnel who were working was intended to be brought about, there was no question of giving any notice of change.

#11. The learned Counsel appearing for the appellants relied on the judgment of the Supreme Court in People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473 to contend that a writ petition by workers, when they claim any violation of fundamental right, is maintainable. The learned counsel also relied on the judgment of the Supreme Court in Moti Ram v. North East Frontier Railway AIR 1964 SC 600 to claim that the respondent-Port could not have framed a policy which violates the guarantee of Article 14 of the Constitution.

#12. The learned counsel appearing for the appellants further relied on the judgment of the Supreme Court the Olga Tellis v. Bombay Municipal Corporation AIR 1986 SC 180 to contend that even if an undertaking is given, that undertaking does not stop the person who has given the undertaking from asserting his fundamental right. A B C D E F G H 658 SUPREME COURT REPORTS [2018] 4 S.C.R. ord er redu ce deter ior atio n. Th e qua ntit y of of fer ing as Ann exure I con tain milk, curd, g hee, ho ney, sugar, leaves , peta ls, and flowers , accumula te in pits pr omot e th e gro wth of b acteria at ro om in pH temperatur e variatio n i s als o a cause of deter ior atio n. Presence of major an d min or oxide a nd trace elements of ro ck en ha nce the electrical conductivity of the w ater to a high l evel wh ich can caus e deposition of salt in po res/ pits and chipp ing of material by ch emi cal weath ering. Poo r dr ainage s ani tatio n an d wa ter spillage were also templ e in t he sp ott ed premises. w ater The throug ho ut (jal/ Gang aja l) th e da y fo r Abhishekas o f the Jyoti rling a by t he devotees sh ould b e restr icted to a min imum. Use of milk and other mil k products ghee a nd h oney sh ould b e mi nimized to a sma ll quantity a nd made symbolic in natu re t o s atisf y th e r eligio us req uir ement. 10 11 12 13

#14. Fu rther , this materia l s hal l be of ISI standard and a random check of these p uja ma terials s ha ll b e ins ured b y th e Committee. a nd After Jal abhish ek by th e Li ng am wh ich conclud ed b y 5 p .m. every da y. Th e Li ng am shall b e pr oper ly cleaned minimize the wat er co nten t and ther ea fter only dr y po oja shall be permitted every day. The Ma nd ir Sami ti submits th at the proces s of expans ion of dr ain ag e system is under th e pro cess an d sh all b e co mpleted at t he earlies t. The Ma ndir Samiti s hal l in sta ll an R.O. Pla nt ma inta in th e p H va lue of th e w ater at around 7. Th e devotees sha ll be al lowed to use only 500 ml of w ater i n a co pp er ves sel onl y. Us e of g hee, milk, curd , honey etc. shall be restricted to not more than 1 .2 5 litres per devotee. Fu rth er , th es e ma terials sh all be o f IS I standa rd a nd a r ando m po oja ch eck ma terials sh all b e ins ured and used. Fu rther , this materia l shal l b e of ISI standard and a r andom check of these p uja ma terials s ha ll b e ins ured b y a nd cleaned 5 p .m. every da y. After Jal abhish ek by th e Li ng am wh ich conclud ed b y Th e roper ly minimize the wat er co nten t a nd ther ea fter only dr y po oja s hall be permitted every day. The Ma nd ir Sami ti submits f expans ion o f dr ain ag e system is under th e pro cess an d sh all b e The Ma ndir Samiti shal l in sta ll an R.O. Pla nt ma inta in th e p H va lue of th e w ater at around 7. Th e d evotees sha ll be al lowed to u se only 500 ml of w ater i n a Us e of g hee, milk, curd , h oney etc. shall be restricted to not more than 1 .2 5 litres p er devotee. Fu rth er , th es e ma terials sh all be o f IS I r ando m ma terials sh all b e ins ured s tanda rd a nd a SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 729 10 11 12 13 hinders Rubbing of Jaggary/Sugar powder and other powdery on t he Jyotir linga may be restricted/minimized. Use of lost of fl owers/Bel Patra etc. may also be made symbolic as the use of such huge materi als Jyoti rlinga wet all t he time natural breathing of t he stone w hich is essenti al for the good stat e of the Jyotirlinga. buckets , of metal Use offerings posts, and other utensils should be replaced wi th wooden/Good Plasti c materials i n order to avoid mechanical abras ions. If possi ble, entry of devotees in the Grabhgriha may be limited a management plan. Devotees may be permi tted for short duration at a time to avoid the crowd in grabhgraha. This is important as there is long s ingle entry door w hich is also used as an exit door. making

#14. Every effort should be made to keep t he Garbhgri ha dry and clean passage and surroundings including Rubbing of Sugar powder s hall be banned. Dryers and fans w ill be used to avoid moistur e. Belpatra and fl owers are used on the upper part of shivling and do not at all hinder natural stone. breathing There are no mechanical abrasions si nce metallic utensils used for jalabhishek do not t ouch or abrase the jyotirlinga. How ever, Offering by devotees cannot be avoided as it relates to the r eligious devotees. a management plan is already implemented w herein limited devotees are permitted at a ti me. To maintain the ambient temperature of the lingam r oom (Grabhgarh) at 17-20 degree Cel sius, more air conditioners installed. Further, all eff orts s hall be made t o keep the Grabhagarh s urr oundings dry and clean. A B C D E F G H 730 SUPREME COURT REPORTS [2018] 4 S.C.R. A

#19. B C D E F G H through All the damaged area of marble floorings and sealing joints etc. should be t o avoid water repaired percolation damaged area. If possible provision may be made for air circulation in the Garbhyagriha Arrangements for disposal of waste may be improved and should be made more effective. how ever, Scientific/Chemical treatment of any stone object wi th periodical inspection and preventive conservation may, preserve the object for quit e long time but in case of Jyotirlinga it may not be appropriate to consider such treatment as the treatment of Jyotirlinga may be acceptable to the common people because of t heir the faith and religious beliefs. Only preventive conservation methods may be helpful to keep the Jyotirlinga in the best of its conservation state. Sincere efforts should be the main original ity of temple and other structures of historical importance in preser ve

#20. Accepted Accepted It is submitted Accepted. that Shri Mahakaleshwar temple is ranked in top 10 most clean Iconic places by India Government of Swwach Bharat Abhiyan. Accepted Offering by devotees cannot be avoided as it relates to the religious devotees. a However, management plan is already SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 731

#20. Accepted. It is submitted that Shri Mahakaleshwar temple is ranked in top 10 most clean Iconic places by India Government of Offering by devotees cannot o the a already However, devotees. religious premises. Modern materials should be avoided for general maintenance. b: The antiquarian remains of the premise including main temple of Mahakal can be classified mainly into four groups; a: sculptures in loose and fixed nature assigned to 7th -8th century AD, sculptures of 11th 12th century AD, c: Main temple and other subsidiary shrines of 18th century and d: Other remains viz. wooden box, copper seating drum, benches and some metal work etc of 19th - 20th century. Numbers of stone sculptures placed temple premises at different placed like embed in the walls, on the floors, and in the abandoned rooms needs to the properly maintained, documented, identified and displayed in a proper place could be preserved future generation and could be in researchers and use of students architecture. made wherein only limited devotees are permitted at a time. Crowd management and lives of devotees will be of utmost priority temple committee. Accepted. A B C D E F G H 732 SUPREME COURT REPORTS [2018] 4 S.C.R. The Mandir Samiti submits that the constructions work being carried out for best and convenient passage for devotees. Necessary precautionary works will be done as lakhs of devotees throng temple during Nagpanchmi.

#23. A

#21. B C D E F G H iron stairs temple, Some unwanted restoration works have been done on the 1st and 2nd floors of the Mahakal temple by laying of modern tiles on the floor. This sort of flooring does not match in any way with the ambience architecture of the temple. On the north and south sides scaffoldings placed attached to the main temple. We were scaffoldings are provided for installing climbing of the visitors to the temple on the top floor to worship Chandranageshwar. On this floor, a sculpture of Chandranageshwar with his consort is placed inside a niche covered with a glass wi ndow and devotees or visitors would be allowed to reach there. During our visit, we were earlier temporary arrangement was made there by way of installation of iron the occasion of stairs nagapanchami when lacs of visitors used to visit here. Providing of this sort of installation is not only the eyesore in the ancient temple premise but it would lead a new tradition in future and put an adverse effect on the old t emples when such a informed SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 733 The Mandir Samiti submits that the constructions work being carried out for best and convenient passage for precautionary works will be done as lakhs of devotees e during devotees. Necessary huge crowd of devotees will reach Abhishek the top floor. Therefore, it should be avoided for the safety of the public and to maintain the ambiance of the temples.

#22. While campus consisting of old temples have been reflecting with white, cream and red colors as outer walls and shikhara of almost all the temples are painted with these colors and flooring with tiles and red stones. Besides that, some new constructions have carried out. This sort of constructions development in an ancient heritage place should be avoided proper conservation should be carried out with the help of conservators and expert of ancient architecture.

#23. The significance temple Mahakal Ujjain is not only for the people of Ujjain and Madhya Pradesh, rather for the people of the whole therefore too, country keeping this thing in mind, it is inevitably required to A B C D E F G H Accepted Mandir Samiti is carrying out works to restore the heritage temple. Accepted Mahakaleshwar Shree management temple committee has plans create a heritage cell for maintenance the old restoration of temple structures inside the premise.

#24. 734 SUPREME COURT REPORTS [2018] 4 S.C.R. A B C D E F G H Some develop this most religious and heritage site with proper care and maintenance so that its cultural and tangible fabric disturbed. Presently are numbers of the temples inside the temple premise probably of the same period as the Mahakal temple but these temples are conserved in crappy manner by adding eyesore paintings on some weird addition structures. constructions are done and some other constructions are presently going on there. Therefore, it is suggested that no new construction may be allowed within the temple restoration and development temples and the old the premise structures of restored with the assistance Archaeological Conservators. Apart the various activities as Temple above, referred committee can create a heritage maintenance and restoration temples and structures inside premise. the old rectified premise SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 735 Accepted Subject necessary repairs and maintenances for the preservation of the heritage building to be carried out from time to time by temple committee.

#24. It is stated earlier that Ujjain is a very ancient city and there are numbers of old structures, temples, ponds, houses, platforms temple etc around premise still in extant, these old structures are the valuable heritage and temple integral part of to be premise restored identified and accordingly. possible government, 500 m all around the temple premise can be preserved with old structures and removed modern construction. Wherever open space is found, that landscaped and can be developed religious ambiance could maintained preserved. If

#25. On 13.10.2017, following order was passed by this Court: “Heard learned counsel for the parties. This Court had constituted a Committee on 25.08.2017 consisting of Shri Madan Singh Chauhan, Regional Director (Archaeologist), ASI, Central Region, Bhopal; (ii) Dr. V. K. Saxena, Director (Science), (Archaeological Chemist), ASI, Science Branch, Dehradun; (iii) Shri Hemraj Suryavanshi, Dy. Director, General, State Unit, Madhya Pradesh, GSI, Bopal; and (iv) Shri L.L. Vishwakarma, Director, Su: MP, GSI, Bhopal. They have submitted their reports which are exhaustive. Respondent A B C D E F G H 736 SUPREME COURT REPORTS [2018] 4 S.C.R. No.1 Temple Committee has filed its response to various proposals made by the Expert Committee. They have filed point-wise response contained in Annexure R1. The Temple Committee has suggested certain remedial measures. In the circumstances, it is appropriate to request the Temple Committee to consider the various recommendations. It was also stated that let the Committee take a decision for implementation of the recommendations which are to be accepted as it is a primary responsibility for the Committee to manage the affairs. Let a considered firm decision The opening regarding implementation. We appreciate the gesture of the counsel for the parties as it is not adversarial litigation but in order to improve the overall situation and to protect and preserve the Lingam of Mahakaleshwar. It was also stated that the Committee has decided to regulate the timings etc. and various suggestions were made during the course of hearing. Let Committee take a decision considering the overall interest and rise to the occasion by doing the needful. Let the Committee consider the report of the experts and its stand taken in the annexure R/1 filed by them and pass appropriate resolutions as prayed by counsel for respondent No.1. Be listed on 27.10.2017.” RESOLUTION DATED 26.10.2017 PASSED BY TEMPLE COMMITTEE:

#26. Pursuant to the order dated 13.10.2017, resolution has been passed by the Committee on 26.10.2017 filed as Annexure R-1 and the same is extracted hereunder : “Keeping in consideration the suggestions/objections and recommendations of the Expert Committee constituted by the Hon’ble Supreme Court and also in compliance of the order dated 13.10.2017 passed by the Hon’ble Supreme Court, the Temple Management Committee hereby passes the following Resolution covering point 1 to 24 of the suggestions/objections and recommendations of the Expert Committee constituted by the Hon’ble Supreme Court to protect and preserve the Mahakal Shivlinga :- A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 737

#1. That the devotees shall be permitted a fixed amount of water measuring 500 ml in an appropriate small pot per devotee for Jalabhishek.

#2. That the water for Jalabhishek shall be taken from the R.O. machine installed during Simhastha, 2016, for which a connection shall be provided near the Garbh Grih to maintain the pH value at ‘7’.

#3. That at present during Bhashma Aarti, half of the lingam is being covered with cloth but as per the directions, in fifteen days, the whole of the Shivalingam shall be fully covered with a dry cotton cloth during Bhasma Aarti.

#4. That for Abhishek only up to maximum 1.25-liter mil/ panchamruit per devotee shall be permitted.

#5. That after Jalabhishek by the lingam which is concluded by 5 P.M. every day. The Lingam shall be properly cleaned and dried to minimize the water content and thereafter only dry pooja shall be permitted every day.

#6. At present captive sewerage, treatment technique is being used for treatment and the same shall be continued till the sewerage treatment plant is installed for which steps are being taken which will require minimum one year time.

#7. That rubbing of sugar powder on Shivlinga has been fully banned and instead the use of Khandsari is being promoted.

#8. That dryers and fans will be used to avoid moisture. Bel Patra and flowers shall be used on the upper part of shivling to avoid any obstruction in natural breathing of stone.

#9. That the crowd management shall be strictly followed as done on big festivals namely Simhashtha, 2016, Mahashivratri, Nagpanchmi and month of Shravan where maximum crowd appears on those holidays and weekends. During such time the committee is using barricades for dong Darshna from outside the main Garbhgrih and limited devotee are also permitted in the garbhgrih at a time. Similar arrangement shall be ensured on normal days also. A B C D E F G H 738 SUPREME COURT REPORTS [2018] 4 S.C.R. A B C D E F Various IT proposals have been received to use technology for effective crowd managing strategies, e.g. IT based queue management.

#10. That all possible efforts shall be taken to maintain an ambient temperature of the lingam room (Grabhgarh) at 17-20 degree Celsius. The Garbhgrih shall be kept dry, neat and tidy. Further, an AUTOMATIC CLIMATE CONTROL SYSTEM using sensors shall be fitted in Garbhgrih to give information about temperature and humidity which shall help in effective regulation and monitoring of environmental factors.

#11. That damaged area of marble flooring and sealing of joints etc. shall be repaired within a period of six months.

#12. That all efforts should be made for creating of heritage cell and for restoration/repairs and maintenance of all items of historical importance. Steps are being taken for the structure and role of the heritage cell.

#13. To preserve antiques in premises of temple nameplates are being affixed in front of various small temples mentioning the names of the temples and their era etc.

#14. It shall be ensured that no new significant construction is carried out in temple premises but so far as the convenience and smooth passage in the premises is concerned construction will be done with a due permission of the competent authorities.

#15. It The application that in order to implement the above resolution a minimum period from one month to one Year may be sought from the Hon’ble Supreme Court.” ORDER DATED 27.10.2017

#27. Following is the relevant portion of the order was passed by G this Court on 27.10.2017 : “During the course of hearing on behalf of respondent No.1- Shri Mahakaleshwar Mandir Committee, a copy of the Resolution that has been unanimously passed on 26‘“ October 2017 has been placed on record. It is stated that Resolution No.1 to 8 are being implemented. H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 739 Mr. Ashok Chitale learned senior counsel for the petitioner has raised objections to some of the Resolutions that have been passed and seeks time to file reply/suggestions which would be in the interest of all. Let the suggestions be filed by the petitioner and other respondents, if any, within a period of fifteen days from today. Reply thereto may also be filed by the Temple Committee within next seven days. Geological Survey of India and Archeological Survey of India may also submit their proposals within a period of fifteen days from today on the basis of the resolution that has been passed by respondent No.1 on 26.10.2017 and objections/suggestions to the aforesaid resolution. List on 30th November 2017.” RESPONSE OF EXPERT COMMITTEE TO THE RESOLUTION DATED 26.10.2017 OF THE TEMPLE COMMITTEE:

#28. With respect to the resolution passed by the Temple Committee dated 26.10.2017, the Expert Committee appointed by this Court of ASI and Geological Survey of India has submitted the following suggestions: “The Expert Committee has gone through the resolution passed by the temple committee and submitting following suggestion: We have described in our original report that many offerings including Jal used during the rituals of abhisheka are the main cause of deterioration to the Jyotirlingam. We have suggested all offerings of the material to be symbolic in nature with pure quality and treated water of potable quality with pH value range from 6.8 to 7.2 to minimize the adverse effect. Apart from this, the periodical monitoring and proper management of these crucial parameters are required to manage this problem. Suggestions/ Objections on the resolution passed by the temple committee are as below: Resolution of temple Committee: A B C D E F G Keeping in consideration the suggestions/ objections and recommendations of the Expert Committee constituted by the H 740 SUPREME COURT REPORTS [2018] 4 S.C.R. A B C D E F G H Hon’ble Supreme Court and also in compliance of the order dated 13.10.2017 passed by the Hon’ble Supreme Court, the Temple Management Committee hereby passes the following Resolution covering point 1 to 24 of the suggestions/ objections and recommendations of the Expert Committee constituted by the Hon’ble Supreme Court to protect and preserve the Mahakal Shivlinga:- 1. That the devotees shall be permitted a fixed amount of water measuring 500 ml in an appropriate small pot per devotee for Jalabhishek. Expert Committee’s comment: Agrees

#2. That the water for Jalabhishek shall a from the R.O. machine installed during Simhastha, 2016 for which a connection shall be provided near the Garbh Griha to maintain the pH value at ‘7’. Expert Committee’s comment: Agrees Suggestions: The pH value of jalabhishek water may vary as per variation in the source of supply of water which has to be controlled by treatment ranging from 6.8 to 7.2 pH, but a periodical monitoring may be done for maintaining the above-mentioned range.

#3. That at present during Bhashma Aarti, half of the lingam is being covered with clothThe similar but as per the directions, in fifteen days, the whole of the Shivalingam shall be fully covered with a dry cotton cloth during Bhasma Aarti. Expert Committee’s suggestion: Due to bhasma aarti ash particle retained in the pits over the lingam will react with water and increase its pH value, resulting aggravate the corrosion process of the lingam, therefore, the lingam should be fully covered with thick cotton cloth/ transparent polyfilm during bhasma aarti. The Lingam should be thoroughly cleaned after Bhasma aarti and ensure that all residual ash particle should be removed from the lingam, then only jalabhishek with clean and potable water with pH value range from 6.8 7.2 may be allowed. SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 741

#4. That for Abhishek only up to maximum 1.25-litre milk/ A panchamruit per devotee shall be permitted. Expert Committee’s suggestion: That for Abhishek only up to maximum 1.25-litre milk/ panchamruit per devotee are appropriate, but during the rush time and special occasions such amount may increase enormously, therefore, it is suggested that the quantity may be reduced to symbolic in nature.

#5. That after Jalabhishek of the lingam with is concluded by 5 P.M. every day. The Lingam shall be properly cleaned and dried to minimize the water content and thereafter only dry pooja shall be permitted every day. Expert committee’s comment: Agrees.

#6. At present captive sewerage, treatment technique is being used for treatment and the same shall be continued till the sewerage treatment plant is installed for which steps are being taken with will require minimum one year time. Expert committee’s suggestion: Kotiteerath water may be treated periodically and ensure that rainwater of the temple premises, as well as drain off water from the temple premises, should not be drained into the pond and contaminate the kotiteerath pond.

#7. That rubbing of sugar powder on Shivlinga has been fully banned and instead the use of Khandsari is being promoted. Expert Committee suggestion: rubbing of any offering material may be banned to stop further abrasion of the lingam. A devotee may be allowed to offer their offering symbolically but shall not be allowed to rub any material over the lingam.

#8. That dryers and fans will be used to avoid moisture. Belpatra and flowers shall be used on the upper part of Shivling to avoid any obstruction in natural breathing of stone. B C D E F G H 742 SUPREME COURT REPORTS [2018] 4 S.C.R. A Expert Committee’s comment: Agrees

#9. That the crowd management shall be strictly followed as done on big festivals namely Simhashtha, 2016, Mahashivratri, Nagpanchmi and month of Shravan where maximum crowd appears on those holidays and weekends. During such time the Committee is using barricades for dong Darshna from outside the main Garbhgrih and limited devotee are also permitted in the Garbhgrih at a time. Similar arrangement shall be ensured on normal days also. Various IT proposals have been received to use technology for effective crowd managing strategies, e.g. IT based queue management. Expert committee’s comment: Agrees

#10. That all possible efforts shall be taken to maintain an ambient temperature of the lingam room (Grabhgrah) at 17-20 degree Celsius. The Garbhgrih shall be kept dry, neat and tidy. Further, an AUTOMATIC CLIMATE CONTROL SYSTEM using sensors shall be fitted in Garbhgrih to give information about temperature and humidity which shall help in effective regulation and monitoring of environmental factors. Expert committee’s comment: Agrees

#11. That damaged area of marble flooring and sealing of joints etc. shall be repaired within a period of six months. Expert committee’s comment: Agrees

#12. That all efforts should be made for the creation of heritage cell and for restoration/ repairs and maintenance of all items of historical importance. Steps are being taken for the structure and role of the heritage cell. Expert committee’s comment: Agrees

#13. To preserve antiques in premises of temple nameplates are being affixed in front of various small temples mentioning the names of the temples and their era etc. Expert committee’s comment: Agrees B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 743

#14. It shall be ensured that no new significant construction is carried out in temple premises but so far as the convenience and smooth passage in the premises is concerned construction will be done with a due permission of the competent authorities. Expert committee’s comment: Agrees

#15. It is further resolved that in order to implement the above resolution a minimum period from one month to one Year may be sought from the Hon’ble Supreme Court. Expert committee’s comment: Agrees” ORDER DATED 30.11.2017:

#29. Following order was passed by this Court on 30.11.2017 : “We are concerned, and so express our anguish, as to the way in which the orders which have been passed so far in the matter are being misrepresented in media and otherwise. We have not passed any interim direction with regard to the manner in which the religious ceremonies have to be performed in the Temple at Mahakaleshwar, Ujjain. This Court has not passed any order whatsoever that, during the Bhasma Aarti, what rituals can, or what rituals cannot be, performed, and neither it is the job of this Court to interfere in such rituals. This Court has not passed any order in this regard. We are concerned in the petition about the protection of the lingam and how it can be done. For this purpose, this Court has appointed a Committee of Experts of G.S.I. as well as the A.S.I., and they have submitted their reports. They are yet to be finally considered by this Court. A notice issued by the Managing Committee on Board has been placed before us today, indicating that this Court has directed that how much water has to be offered on the lingam by the devotees or about the quantity of Panchamrit etc. This Court had issued no such direction. In fact, it appears that the Committee itself has taken various decisions and they are being implemented. The Notice Board which has been put by the Managing Committee of the Temple should be removed forthwith i.e. by today itself, and it is open to the Committee A B C D E F G H 744 SUPREME COURT REPORTS [2018] 4 S.C.R. A B C D E F G H to put it on the Notice Board as per its resolutions if any. In case any wrong or misleading reporting is made by the media, in any form, at the instance of any person about the order passed by this Court, the person so responsible for such wrong reporting, misrepresentation about the order shall be liable to be dealt with in accordance with law. It is regrettable that there has been wrong reporting at somebody’s instance. We caution the parties before us that they should not indulge in any such wrong reporting, in any manner whatsoever, and if it is found that any wrong reporting is made, the same shall be viewed seriously, and the person responsible for it shall be dealt with in accordance with law. List the matter for further hearing on 4th December 2017.”

#30. As it was noticed that misrepresentation was being made with respect to the order passed by this Court and unrest was tried to be created on the ground that this Court is interfering with the religious rituals to be performed in the temple during Pooja. Thus we have clarified that we have not interfered with the same. Aforesaid direction holds good for this order also and to be scrupulously observed by all concerned. The only objective of entertaining the writ petition on the aforesaid question was just to ensure that all the rituals which may be necessary be performed however to ensure that the Lingam does not deteriorate any further.

#31. It is apparent from the report that there is a decay of the Lingam and certain damage has been noted by the Expert Committee. Negative factors have also been pointed out in extensive details. Activities regarding the daily cleaning of temple premises, gaushala, Vedic samsthan, mandir, rasoi of the temple etc. have been pointed out. The study has been done by Spectroradiometer, portable XRF studies, water analysis, ash analysis, the extent of weathering etc. Various suggestions and recommendations had been made including the remedial measures Mr. Madan Singh Chauhan, Regional Director, ASI, Central Region, Bhopal report is contained in the first chapter. The second chapter contains the report submitted by Dr. V. K. Saxena, Director (Science), ASI, Science Branch, Dehradun. The third chapter deals with the Geo-scientific study of the Shivalinga made by Mr. Hemraj Suryavanshi, Deputy Director General and Mr. L. Vishvakarma, Director, Geological Survey of India, Bhopal. SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 745

#32. It has been noticed in the report of the experts of the ASI and GSI that deterioration of Lingam has taken place during the last 40 to 50 years as depicted in photos 1 to 4 and 5 to 8 annexures with the report. It is further observed that the deterioration is continuous in nature and can be managed with remedial measures.

#33. It has been pointed out that the water analysis of the temple premises used in the Jalabhishekam is highly alkaline in nature and pH value ranges from 8.4 to 8.7. Various other causes have been delineated in the report of the experts. In all 24 causes have been given. Milk particularly contaminated one, sugar, leaves, petals and flowers, poor drainage sanitation and water spillage, use of the water should be minimum. Rubbing of jaggery/sugar powder should be restricted or minimized. Use of a lot of flowers and leaves also keeps the Jyotirlingam wet all the time and hinders natural breathing of the stone of Jyotirlingam. Use of metal buckets, pots, utensils also causes abrasions to the Lingam. If possible entry of devotees in Garbh Griha should be limited. Garbh Griha should be kept dry and clean. There should be proper air circulation in Garbh Griha. Arrangements for disposal of waste may be improved and should be made more effective. Since scientific/chemical treatment may not be acceptable, preventive conservation methods may be helpful to keep the Jyotirlingam in the best of its conservation state. Considering the historical importance of the premises, use of modern materials in the premises should be avoided so as to maintain the antiquity. There is a need to identify the sculptures and they are required to be properly documented and identified.

#34. Some unwarranted restoration work has also been noticed by the Committee in para 21. That should be looked after and remedial measures should be taken as suggested in the report.

#35. In para 22 certain new constructions have been pointed out. Let the conservation be carried out with the help of conservator and experts of ancient architecture. Other suggestions have been made in the report. Paras 1 to 24 of these are required to be looked into and suitable remedial measures should be taken by the Temple Committee. Remedial measures suggested in the report with respect to water quality, maintaining the pH value from 6.8 to 7.2, cleaning of Jyotirlingam, also requires to be observed in the best possible manner by the Committee and ambient temperature be maintained from 17 to 20 degree Celsius. Use of ghee, milk, curd, honey etc. be minimized. A B C D E F G H 746 SUPREME COURT REPORTS [2018] 4 S.C.R.

#36. There should be proper disposal of temple garbage and it should be ensured that it does not contaminate the Kotiteerath Pond. Better use of flowers would be that they are recycled for the production of scent/itra. For that project may be prepared by the administration with the help of concerned bodies or on the basis of PPP. Cleaning methods should be modernized.

#37. It is apparent from the response of the Committee filed pursuant to the order dated 25.8.2017 of this Court that the Committee has agreed (1) to save the Lingam by minimizing the flowers and offerings material. (2) It has also been resolved that the Temple Committee shall install an RO plant to maintain pH value of water at 7 and devotees should be allowed to use minimum water. (3) Temple Committee has also resolved that during Bhasma Aarti also they will take appropriate steps which may be permissible. (4) As permissible, use of ghee, milk, curd, and honey shall be restricted per devotee. These materials shall be of ISI standards. (5) Lingam shall be properly cleaned and dried after Puja. (6) Expansion of drainage system was under process and be completed at the earliest. (7) Rubbing of sugar powder on the Lingam shall be banned. (8) It would be ensured that there is no harm caused to the Jyotirlingam. (9) There is a management plan to permit limited devotees at one time in Garbh Griha so that there is no stampede. (10) They are ready to maintain the temperature of garbhgriha from 17 to 20 degree Celsius. There should be more air conditioners. (11) Damaged area of marble flooring and sealing of joints shall be repaired. (12) Provision has to made for proper circulation of air in garbh griha. (13) Arrangements for disposal of wastes have to be improved.

#38. Preventive conservation methods shall be used by the Committee. Efforts shall be made to preserve the originality and antiquity of the temple.

#39. They have to also ensure that they will undertake necessary steps for saving structure and life of devotees during Nagpanchmi. Let a plan in this regard be prepared within two months. It is also directed that let them make an effort for the preservation of historical monument the new development work if any, should only be made to match with ancient nature of the temple so that its heritage look is maintained. As to the recommendations as mentioned in para 22 of the report of the Experts Committee, same have been accepted by the Committee. Let the A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 747 Committee implement the recommendations as agreed to and resolved by it. Considering the national and international importance, Temple Committee has rightly resolved to create a Heritage Cell for maintenance and restoration of the old temples and structures inside the premises. Let such cell be created at the earliest.

#40. In compliance of the order dated 13.10.2017 the Committee has passed various resolutions accepting various recommendation of the Expert Committee quoted above. The Expert Committee of ASI and GSI has filed response to the various resolutions passed by the Committee. The Expert Committee has also agreed with most of the resolutions. However, it has made certain suggestions which are to be considered by the Committee and implemented in best possible manner.

#41. Expert Committee suggestion in respect of Kotiteerath Pond water to be treated periodically and to ensure that the rainwater of temple premises, as well as drainage water from the temple premises, should not be drained into the pond and contaminate the Kotiteerath Pond. Has to be implemented in true spirit.

#42. Committee of expert has also suggested that rubbing of any offering by devotees may be stopped. Devotees may be allowed to offer their offerings symbolically but not to be allowed to rub any material over the Lingam. Let the Committee consider the aforesaid aspects and to ensure that as far as possible no rubbing is done by the devotees on the Lingam or by any material. The committee has also pointed out that no new significant construction to be carried out in the temple premises except so far as convenience and smooth passage in the premises is concerned, let the resolutions be carried out and fully implemented as resolved by the Committee on time bound basis for different stages within one year.

#43. With respect to the method of “lingarchan”, i.e. the method of linga pooja, the 27th chapter of “Ling Mahapuranm” has been placed on record. That contains a detailed method of lingarchan running into 54 strotam. Apart from that “Shiv Mahapuranam”, Vayveey Sanhita containing details of Shastrokt Shiv Poojan method in twentyforth chapter has been placed on record. Pooja of different lingam may be somewhat different. It is for the experts in the field of religion to decide about the rituals and ceremonies to be performed. It is not for this Court to make suggestions in this regard. A B C D E F G H 748 SUPREME COURT REPORTS [2018] 4 S.C.R.

#44. It is not within the jurisdiction of this Court to dictate or to prescribe or restrain the religious practices and Pujas to be performed in temple. They are required to be performed, as rightly pointed out, in accordance with the ancient rituals and practices but, at the same time, it has to be ensured that no damage is caused to the lingam. The temple which is known as Mritunjaya Mahadev and is most ancient Jyotirlingam in one of the ancient cities of India, Ujjain. ‘Simhast’ is also organised 6 years and 12 years which has international importance visited by several millions of people. The Government spends thousands of crores of rupees for development of infrastructure in Ujjain for each such occasion and lot of development has taken place. Owing to all these development work, Ujjain has come up. But at the same time very cause of all developments, the Lingam of Lord Shiva requires to be preserved, protected by way of preventive conservation methods.

#45. In order to ensure purity of pooja materials and to prevent further erosion of Lingam it would be appropriate and fitness of things that a plan is prepared regarding the entire offering materials on the lingam to be manufactured and provided by temple itself as is done in several famous temples in the Southern part of India and other places. By pouring the adulterated Milk, Ghee, Kumkum, Gulal, Abir containing chemicals due to adulteration is improper and cannot be permitted to be part of the ritual. Lingam cannot be permitted to be destroyed by chemical reactions of impure materials or by pouring of the dirty water such acts of offerings cannot be allowed and as are done innocently by the people unaware of ill effect on lingam. Had devotees been aware of all these, adverse effect of their Puja on the Lingam of their God itself of which they are performing Puja for the spiritual or other gains they would not have even dreamt of doing it. Let the Temple Committee and other stakeholders rise to the occasion and take positive steps in this direction in reasonable time.

#46. It was also pointed out that use of Bhang (cannabis) has been started in recent past. It has been started approximately for the last 50 years and that is one of the causes of erosion as per the petitioner. Earlier it used to be offered symbolically. It is for the Temple Committee to decide on these rituals and which material to be used by it and in which quantity for purpose of Puja by Temple and for how much time, in what manner Bhang should be applied and in what rituals. Let Committee consider it with help of scriptures and experts. How its use can be best A B C D E F G H SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.] 749 modulated by the Committee itself, considering past practices, as the ultimate duty of Committee is to make preservation of the Lingam itself for its existence and for that it has to consider and adopt what is the best mode of performing the rituals, what are the materials which should be used and in what quantity but it has to be ensured that the materials are not impure and are without such chemicals which may cause erosion of the lingam itself otherwise the very purpose of Puja would be defeated.

#47. Puja is to be performed in such a manner which should be befitting to the deity and not to cause erosion itself of lingam for which so much infrastructure exists. Lingam is known as ‘Mrityunjaya Mahadev’, who prevents from destruction, it cannot be permitted to be destructed. Lingam cannot be permitted to be exploited in a manner it is destroyed. If one believes in the concept of real pooja, such Pooja is to be performed by pure materials as purest of thoughts. No spiritual or other gain can come if Puja is performed in a manner which damages the deity itself as that would amount to displeasing the saviour. That would be against the basic tenets of performance of Pooja and of making offerings.

#48. Let the Temple Committee also invite and consider various views for further improvement of the temple. Let the Temple Committee make an endeavour along with other stakeholders to prepare/manufacture the offering material in purest of the form and by such time it becomes a reality to make an arrangement in such a manner that only pure and unadulterated materials are offered in pooja on Lingam. No impure and adulterated material is offered in Puja and the resolutions made by the Temple Committee are scrupulously observed by all concerned.

#49. Let a concrete plan be made by the Committee for further improvement including its Gaushalas. Let existing Gaushala and kitchen be improved and modernize and for that purpose, in case, additional land is required, plan be prepared and implemented with the help of all concerned so that temple becomes self-sufficient to provide all pooja material based on milk product etc.

#50. On merits, we find that the decision by the Single Bench has rightly been set aside by the Division Bench for the various reasons mentioned in the order and in particular in view of the fact that in the impugned order the Division Bench has relied on decision in Ramchandra Mangilal & Ors. v. State of M.P. ILR (1991) MP 444 = (1987) MPLJ A B C D E F G H 750 SUPREME COURT REPORTS [2018] 4 S.C.R. A 668 which had been affirmed by this Court as SLP against it was dismissed. Hence no case for interference on merits is made out.

#51. We appreciate the gesture to all concerned in acting with positivity for the preservation of Lingam. We direct the ASI and GSI teams as has been constituted that has visited and had submitted the report to make a visit in January 2019 and submit a report in this regard with respect to the position of the lingam and improvements made as per suggestions made in the report.

#52. Before parting with the judgment, we would like to reiterate that there should not be any misreporting of the Court’s order, as specified in our order dated 30.11.2017. Any violation on this count shall be viewed seriously and sternly with appropriate consequences, wherever necessary. It is hereby made clear that we have not interfered with religious ceremonies to be performed in the Temple. Registry is directed to preserve the original combined report of the Expert Committee as part of the record as it is a valuable document.

#53. The appeal is accordingly disposed of.

#54. We appreciate the assistance rendered by Mr. Tushar Mehta, the Additional Solicitor General of India, and all other counsel who appeared in this case for various parties and also appreciate the gesture of the experts of the Expert Committee. Nidhi Jain Appeal disposed of. B C D E F G H