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

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A 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 B 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.

C 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

27Copy pinpoint27. Following is the relevant portion of the order was passed by 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.

SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 739 MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

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 B 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. C

List on 30th November 2017.” RESPONSE OF EXPERT COMMITTEE TO THE RESOLUTION DATED 26.10.2017 OF THE TEMPLE COMMITTEE: D

28Copy pinpoint28. 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. G Suggestions/ Objections on the resolution passed by the temple committee are as below: Resolution of temple Committee: Keeping in consideration the suggestions/ objections and recommendations of the Expert Committee constituted by the H

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A 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 B 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 C

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’.

D 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. E

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. F 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 G 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. H

SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 741 MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

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. F 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. G

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.

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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. B 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 C 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 D 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 E 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 F 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. G 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 H

SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 743 MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

14. It shall be ensured that no new significant construction is A 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 B 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” C ORDER DATED 30.11.2017:

29Copy pinpoint29. 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 D 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 G 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 H

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A 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.”

30Copy pinpoint30. 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.

31Copy pinpoint31. 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 F 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 G 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, H Bhopal.

SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 745 MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

32Copy pinpoint32. It has been noticed in the report of the experts of the ASI and A 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.

33Copy pinpoint33. It has been pointed out that the water analysis of the temple B 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 C 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 D 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 E identify the sculptures and they are required to be properly documented and identified.

34Copy pinpoint34. 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. F

35Copy pinpoint35. 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. G 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. H

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36Copy pinpoint36. 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. B

37Copy pinpoint37. 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 C 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) D 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 E 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.

38Copy pinpoint38. Preventive conservation methods shall be used by the F Committee. Efforts shall be made to preserve the originality and antiquity of the temple.

39Copy pinpoint39. 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 G 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 H

SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 747 MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Committee implement the recommendations as agreed to and resolved A 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.

40Copy pinpoint40. In compliance of the order dated 13.10.2017 the Committee B 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. C

41Copy pinpoint41. 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. D

42Copy pinpoint42. 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.

43Copy pinpoint43. 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 G 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. H

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44Copy pinpoint44. 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 B 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.

45Copy pinpoint45. 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.

46Copy pinpoint46. 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 G 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 H

SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 749 MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

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.

47Copy pinpoint47. 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.

48Copy pinpoint48. 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 E 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.

49Copy pinpoint49. Let a concrete plan be made by the Committee for further F 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. G

50Copy pinpoint50. 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 H

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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.

51Copy pinpoint51. 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.

52Copy pinpoint52. 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. D

53Copy pinpoint53. The appeal is accordingly disposed of.

54Copy pinpoint54. 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 E of the experts of the Expert Committee.

Nidhi Jain Appeal disposed of.