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REPORTABLE

SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.649 OF 2018

MRINALINI PADHI       ..PETITIONER

VERSUS

UNION OF INDIA & OTHERS      ..RESPONDENTS

WITH MA No.2053 and 2131/2019 in

WRIT PETITION (CIVIL) NO.1094 OF 2019

O R D E R

ARUN MISHRA, J.

1. The petition has been filed under Article 32 of the Constitution of

India to  direct an  investigation/enquiry  into the disappearance of the

keys to the  Ratna Bhandar  of the  Shri Jagannath Temple, Puri.   It has

also been prayed that an inventory of the valuables stored at the Ratna

Bhandar  of  Shri Jagannath Temple, Puri  be taken and to direct

appointment of an expert committee to submit a report to this Court for

preservation and management of property and valuables of  Shri

Jagannath Temple.   Prayer has also been made to provide express

darshan  to all the devotees visiting  Shri Jagannath Temple, Puri.

Reliance  has  been  placed  on the  decision  of this  Court in  Sarika  v.

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Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain, M.P. & ors.,

2018 (6) SCALE 651 (Civil Appeal No.4676 of 2018).

2. While entertaining the petition, this Court has passed an order on

8.6.2018, directing District Judge, Puri a submit a report.  Later on, vide

order dated 5.7.2018, in addition to order dated 8.6.2018, some more

directions were issued and were summed up as follows:

“19. We may sum­up our directions in today’s orders, in addition to the orders dated 8.6.2018, as follows: i) Report of the District Judge dated 26.6.2018 is accepted in principle and action to be taken by the temple administration.  

ii)  District Judge, Puri may send further report, if any  by 31.8.2018, preferably by e­mail.

iii) The State Government may submit report of the Committee constituted by it on or before 31.8.2018.

iv) The Central Government may constitute its Committee, as already directed, within two weeks from today and place its interim report on record of this Court on or before 31.8.2018.  

v) Copy of the Report of the District Judge may be placed on the websites of the temple management, Ministry of Culture and website of the Supreme Court for two weeks.

vi) The directions in the order dated 8.6.2018 may be complied with by all concerned and non­compliance thereof may be reported to this Court for appropriate action if necessary.

vii) The temple management may consider, subject to regulatory measures, with regard to dress code, giving of an appropriate  declaration or  compliance  with  other  directions, permitting every visitor irrespective of his faith, to offer respects and to make offerings to the deity.

viii) We have noted that Hinduism does not eliminate any other belief and is eternal faith and wisdom and inspiration of centuries, as noted in earlier judgments of this Court.

ix) Difficulties faced by the visitors, deficiencies in management, maintenance of hygiene, appropriate utilization

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of offerings and protections of assets with regard to shrines, irrespective of religion is a matter for consideration not only for the State Government, Central Government but also for Courts.  Every District  Judge throughout India may examine such matters himself or through any court under his jurisdiction and send a report to the concerned High Court so that such report can be treated as PIL on the judicial side and such direction may be issued as may be considered necessary having regard to individual fact situation.

x) Learned amicus is at liberty to engage with all stakeholders and to give suggestions for bringing about improvements and also to give a report to this Court. However, this will not stand in the way of the Committee of the State Government, Committee of the Central Government or any District  Judge considering matters in terms of above directions.”

3. This Court vide order dated 9.1.2019, has appointed Shri Ranjit

Kumar, learned Senior Counsel as  Amicus Curiae  and Ms. Priya

Hingorani,  learned Senior Counsel was requested to assist him in the

matter.  Learned Amicus Curiae has submitted interim reports pursuant

to the orders which have been passed by this Court from time to time.

During the  pendency  of the  writ  petition, the  State  Government  has

decided to make certain land acquisitions so as to provide various

facilities to the pilgrims such as building of watch tower, an evacuation

plan,  widening  of roads, etc.  A  Cabinet  of the  State  Government  of

Orissa has taken a  decision,  which has  been gazetted  on 27.8.2019.

Thereafter, as the instructions  had been issued by the State

Government, there was some unrest for the time being which has been

settled.   We had requested the  Amicus Curiae  to make a site visit and

submit a report.  They have submitted their report.

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4. We have heard the learned Counsel for the parties and have

considered various reports.  We are happy to place it on record that the

learned Counsel  appearing at the Bar  expressed satisfaction  that the

action  is  being taken by the State Government as per  the Resolution

dated 27.8.2019.

IN RE: REPORT OF DISTRICT JUDGE, PURI

5. The District Judge, Puri has submitted the report along with

various documents pursuant to order dated 8.6.2018.   Following

Annexures have been filed:

“ANNEXURES A­I Sketch Map of Shri Jagannath Temple, Puri. A­II Sketch Map of different locations in Shri Jagannath

Temple, Puri. A­III Sketch Map of Shri Jagannath Temple with indication of

five rows of queue of Darshan of the Jews in Shri Jagannath Temple.

B. Proposed and Existing C.C.T.V. Cameras. C.  List of cases against Sevaks. D. Statement of Sanctioned Post, present strength and

vacancy position in Shri Jagannath Temple, Puri as on March 2018.

E. Fund Management of Shri Jagannath Temple, Puri. F.  Audit Report of the Accountant General,  Odisha of  the

accounts of Shri Jagannath Temple, Puri for period April 2009 to September, 2015.

G. Relevant Extracts of the Record­of­Rights prepared under the Puri Shri Jagannath Temple (Administration) Act, 1952 Part­I and Part­II.

H. List of Sevaks and Palia Awards. J. Number of Hundi installed in Shri Jagannath Temple

premises, Puri. K. Relevant extracts of report of Shri Jagannath Temple

Administration Improvement Committee. L. Relevant extracts of report of the Commission of Inquiry

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by Justice B.K. Patra, Former Judge, Orissa High Court. M. Recommendations of the Hon’ble Shri Justice P.K.

Mohanty, Commission of Inquiry. N. Recommendations in the interim report dated 20­04­

2017 of the Commission of Inquiry into the affairs of the Shri Jagannath Temple, Puri.

P. The Puri Shri Jagannath Temple (Administration) Act, 1952.

Q. Shri Jagannath Temple Act, 1954.”

6. The audit report of the Accountant General, Odisha has also been  

filed as Annexure­F on following various aspects:

1. Fund Management;

2. Estate Management;

3. Project Management;

4. Financial Management;

5. Utilisation of Grants­in­Aid;

6. Unrealistic Budget;

7. Submission of Inflated Utilization Certificate (UC) in excess of

actual expenditure;

8. Contract Management;

9. Human Resource Management;

10. Miscellaneous observations as to jewellery and ornament,

non­maintenance of Asset register, non­maintenance of

subsidiary Registers, non­preparation of Report on

administration of the affairs of  Shri Jagannath  Temple etc.;

and

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11. Limitation to Audit

7. Annexure­K is the report of  the Committee headed by Shri B.D.

Sharma,  Ex­Governor for the  State  of  Orissa for improvement  of the

temple in  which  certain recommendations  have  been  made including

accommodation and other facilities to the pilgrims.  It was recommended

that accommodation for 60,000 pilgrims should be provided by the

Temple Administration.   To start with, accommodation for 10,000

pilgrims should be provided as early as possible.   With respect to the

management of the existing properties and augmentation of income of

the Temple, certain recommendations were made in Chapter III.

Recommendations have also been made with respect to  Sevapuja, Nitis,

appointment of  Sevaks  and their  conditions of  service and subsidiary

shrines.   In Part III, recommendations were made as to accommodation

and other facilities to the pilgrims and devotees.   It was recommended

that accommodation for 60,000 pilgrims should be provided by the

Temple  Administration and to start  with, accommodation for 10,000

pilgrims, should be provided as early as possible.  With respect to import

of the record of rights and daily  nitis, recommendations were made in

Chapters XXIII and XXIV respectively.   Main cause for delay in

performance of  Nitis  and the remedy  therefor  had been dealt  with in

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Chapter XXV.   Certain irregularities in the preparation of  Kotha Bhog

were dealt with in Chapter XXVI.  In Chapter XXVII, it was recommended

that Temple should take possession of Rosaghar Ovens.  Certain nature

of disputes, which hold back  Nitis  were mentioned in Chapter XXVIII.

Economic condition of servitors  and their numbers to be reduced were

mentioned in Chapter XXIX.   The aspect with respect to reforms in the

system of puja and performance of nitis, was dealt with in Chapter XXXI

of the report.   With respect to the constitution of Managing Committee,

certain recommendations were made in Chapter XXXII.  Appointment of

Administrator was dealt with in Chapter XXXIII.  Sarbasadharan Darsan

and the queue system were dealt  with  in Chapter XXXV.   Paramanik

Darsan  and special  sevas  were dealt with in Chapter XXXVII.

Suggestions for augmenting the income of the Temple was dealt with in

Chapter XXXVIII.   In the report, reference was also made to transport,

dairy farm, lease of other rights and properties, land and buildings of

Lord Jagannath situated outside the district of Puri and outside the State

of Orissa.   Certain other suggestions were made in Chapter XXXIX

regarding training of Sevaks, sanitation, publicity, etc.  In Chapter XL, a

summary of recommendations was made, which is as under:

“CHAPTER XL

SUMMARY OF RECOMMENDATIONS

257. The practice  of the Charcha staff  going  to  call the

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Sevaks on their Pali day should be stopped. It should be sufficient if the  intimation to  the concerned Palia  Sevaks  is given on the day preceding (Chapter XXIV).

258. Suars should be prevented from offering any Baradi or Bikri Bhog at the time of the four main Dhups.  To ensure this, the Merda Roso should be commissioned and utilised for preparation of Kotha Bhog. A collapsible gate should be fixed at a convenient place in the Bhog Bata and that should remain closed throughout, and be opened just before the prescribed time for Bhog Mandap Puja. (Chapter XXV).

259. As many extra Bhog Mandaps as are absolutely necessary should be arranged on payment of extra fee for the purpose (Chapter XXV).

260. A temple  Official should  physically distribute  Khei amongst Palia Sevaks.   The system of the Pasarathias taking the Khei of the various Palia Sevaks directly from inside the Bhittar Pokharia should be stopped. (Chapter XXVI).

261. By arrangement with the various Palia Sevaks,  the Temple Administration should purchase the Khei of the Sevaks and pay them the price thereof in cash (Chapter XXVI).

262. The Temple Administration should resume possession of the Chulis  and  lease them out  every year  by public auction to such Sadhibandha Suars as would be willing to take them on annual lease. (XXVII).

263. After proper discussion with the representative of the Suar Nijog and taking into consideration the current prices of foodstuff and other relevant factors, the Temple Administration should fix the maximum selling prices of Abhada and other commodities exposed for  sale in the  Ananda  Bazar.  There should be periodical revision of such rates. (Chapter XXVII)

264. A responsible Officer of the Administration not below the rank of Assistant Administrator should be present inside the Gambhira at the time of Sahan Mela to exercise effective control over Pindika collections and prevent exploitation of the pilgrims either by the Sevaks or by Jatri Pandas or by Dhulia Gumastas (Chapter XXVIII).

265. Disputes that arise between the Administration and Sevak or  Sevaks  or  between  the Sevaks  inter  se  should  be disposed of quickly by the Administration.   The Managing Committee should immediately constitute an Appeal Sub­ Committee and that Sub­Committee should ensure that appeals filed before the Managing Committee against the

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orders of the Administrator are quickly disposed of. (Chapter XXVIII).

266. A Sevak who fails to turn up to do his duty on any particular day without sufficient reasons should be liable for removal.  The number of Sadhibandha Sevaks in each category should be reduced by removing those who do not actually do Seva. (Chapter XXVIII).

267. If the above recommendations are implemented, it is likely to result in the elimination  of a  number  of recorded Savaks  in each category  leaving  in the field only those who actually do the Seva.  Consequently, the turn of worship of the remaining Sevaks would be more frequent and the remuneration that they would get per month would be more than what it is at present.   If in spite of this, it is found that the Nitis are not performed punctually and regularly, the hereditary rights of the Sevaks should be abolished by Legislation and thereafter the required number of Sevaks should  be  appointed  afresh  on the  basis  of  monthly salary (Chapter XXIX).

268. A reserve body of Sevaks should be maintained on salary basis consisting of three Srotriya brahmins well­versed in Puja Padhhati who can act both as Puja Pandas and Pasupalaks; two Supakars to prepare Kotha Bhog; a pratihari or a Brahmin who can be entrusted with the security type of work; a Mekap or a Khuntia type of Sevak or in the alternative a Brahmin; a Bodo Sevak or in the alternative a Brahmin; and two non­Brahmin Sevaks.   The expenditure incurred on the reserve Sevaks would not be a waste, because so long as their services are not required in time of emergency, they can be utilized for other purpose as indicated in the report. (Chapter XXX)

269. There is no necessity either to curtail the Nitis or to interfere with the system of Puja prevalent at present. (Chapter XXXI)

270. At present neither the Administrator nor the Assistant Administrators and in fact no other official excepting a few sevaks are entitled to go into the Roso.  There appears to be no reason why the Administrator and the Assistant Administrators, provided they are Brahmins, should not have the privilege to go into the Roso to check malpractices if any prevalent there.  This should be enforced  if  necessary after consultation with the Sankaracharya of Gobardhan Pitha and Mukti Mandap Pandit Sabha. (Chapter XXXI).

271.  Similarly there appears to be no religious prohibition

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against having three permanent chariots for the Ratha Jatra. There are great many advantages in having such permanent Chariots. This should  be  done  after  necessary consultation with Jagatguru Sankaracharya and the members of the Mukti Mandap Pandit Sabha after taking due note of public opinion in the matter. (Chapter XXXI).

272. The Managing Committee should consist of 10 members, namely –  

1.  The Raja of Puri, who should be the Chairman. 2.  The Collector of Puri, who should be the Vice­Chairman. 3.  Administrator. 4.  Commissioner of Endowment. 5.  Jagatguru Sankaracharya of Gobardhan Pitha or if he is not available any other Sanyasi of Sampradaya. 6. Patajosi Mahapatra or in his absence the person functioning as such. 7.  Three persons of learning devoted. 8.  to the cult of Lord Jagannath. 9.  nominated by the State Government. 10.   A nominee of the Advisory Body consisting of persons who donate Rs.5 lakhs or more for the Foundation Fund of the Temple.

The tenure of appointment of non­official Members should be three years.   Power should be given to the Managing Committee to co­opt for any particular meeting, any Sevak or Sevaks whose presence is considered necessary or desirable by the Committee. (Chapter XXXII).

273. The present provision regarding selection of Administrator requires no modification.   What however is important is proper selection of the Officer.  Not only should he be administratively strong but he should also have a religious bent of mind, and one who can involve himself completely in the administration of the Temple affairs.  The minimum period of deputation of an Officer to work as Administrator should be five years. (Chapter XXXIII).

274. Similar procedure should be adopted in the appointment of Assistant  Administrators.   There should  be three Assistant Administrators one – to remain in charge of revenue administration, the office and establishment; the second to remain exclusively  in charge of  the Nitis  and the third in charge of the developmental works and discipline inside  the Temple.  The period of  appointment  of  Assistant Administrators should also be five years (Chapter XXXIII).

275. As the Administrator is proposed to be drawn from

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the Orissa Administrative Service, Class (1) controlled by the Political & Services Department and the Assistant Administrators are proposed to be drawn from the Orissa Administrative Service controlled by the Revenue Department, a convention should grow that in matters of posting and withdrawal of these Officers, the concerned Department would do so in consultation with the Law Department, which is in administrative charge of the affairs of the Sree Jagannath Temple. (Chapter XXXIII).

276. Disciplinary power vested in the Administrator under the Act are quite adequate.   But in spite of there being innumerable occasions to warrant the exercise of such powers, no Administrator so far has done so because of the fear that such action may precipitate a strike in which case the public as also the Government, without trying to enter into details, would immediately hold the Administrator responsible for precipitating such crisis.   The general attitude of all Administrators is to somehow or other manage affairs peacefully during their limited tenure of office.   To enable the Administrator to become effective in the Administration of the Temple affairs, he should not only be given a free hand for such management but he should also be assured by Government that so long as he acts on correct lines, his action would be supported irrespective of any unpleasant consequences, that may ensue. (Chapter XXXIV)  

277. Section 21­A of the Puri Sree Jagannath Temple Act should be amended to provide for suspension of a Sevak pending initiation  and  disposal of  proceedings  against  him. (Chapter XXXIV)  

278. Order passed by the Administrator under clauses (h) and (i) of Sub­Section 2 of Section 21 should be brought within the purview of Sub­Section 1 of section 24. (Chapter XXXIV).

279. The queue system should be introduced to regulate the entry  of  pilgrims inside the  Temple for  Darshan of the deities.   Sahan  Mela  which at present means the pilgrims going into the Bhittar Pokharia to have Darshan of the deities, should continue.   But the time allowed for such Sahan Mela should be restricted to one hour in the morning and half an hour during night.  At all other times, excluding however such occasions when entry of the pilgrims to Natyamandir (the area between Chandan argali and Jaya Bijoya Dwar) is prohibited, pilgrims  should  be  allowed to go in  queue  up to  Chandan argali to have Darsan of the deities free of charge.  If at times other than Sahan Mela a pilgrim wants to enter into the Bhittar Pokharia for Darsan of the deities he should avail himself of the  provision for  Paramanik  Darsan  which is  at

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present in vogue.   The existing fee for Paramanik Darsan should be slightly increased. (Chapter XXXV)

280. The practice of placing three Jharis  in front of the three deities for Pindika collection should  be discontinued. Instead of that a strong sealed box with a slit on the top of it should be placed just below the Ratna Sighasan, at the time pilgrims are allowed  into  the Bhittar  Pokharia either  at the time of Sahan Mela or at the time of Paramanik Darsan.  Such of the  Jatris  who  are inclined to  make  any  offering to the deities may put their offerings in such boxes.   A similar box should also be placed near the Chandan argali to enable the Jatris who have Darsan of the deities from that point to place their offerings.  Excepting the Palia Pasupalaks who sit on the Ratna Singhasan at the time of Sahan Mela, there should be no other Palia Sevak on duty inside the Bhittar Pokharia at the time of Sahan Mela.  It shall be the duty of the Palia Pasupalak on duty who sit on the Ratna Singhasan to distribute Tulasi to the pilgrims.  They shall  not,  on pain  of  disciplinary action, solicit for any offering from the pilgrims.  Similarly, at the time of Darsan by the pilgrims from near the Chandanargali a Sevak should be posted there only to distribute Tulasi to the pilgrims and he should be prohibited from soliciting any offerings from pilgrims. (Chapter XXXV)

281.  The adoption of the queue system would not prevent the pilgrims from gathering in the Jaganmohan and to have Darsan  of the  deities from  that  place  as they  are  doing  at present.  It is not necessary to regulate them on ordinary days. But regulation even of such pilgrims would become necessary on festive occasions when there is expected to be rush of pilgrims.  (Chapter XXXV)

282. The existing system of collection of Attika money by Jatri Pandas may be allowed to continue only on the specific condition that out of the Attika amount they should pay 25% to the funds of the Temple. Simultaneously Legislation should be undertaken to give power to the Temple Administration to exercise sufficient control over the Jatri business.   No person shall  be  allowed  to  continue  doing  business  of  Jatri  Panda without obtaining a licence from  the  Administrator  and  no such licence should be given to anyone who does not actually perform Seva in the Temple.   Conditions should be embodied in the licence indicating the  amount that  a  Jatri  Panda  is entitled to take from a pilgrim for services rendered, and the accounts he is to maintain, etc.  No Jatri Panda can engage as his Gumasta a person who himself has not obtained a licence from the Administrator.   If Jatri Pandas do not agree to contribute 25% of the Attika money to the Temple fund, collection of Attika by Jatri Pandas should be banned by

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Legislature, and due publicity should be given that if the Jatris wish to  make  any  offerings to the  Deities for  any  purpose whatsoever, the offerings should be put only in the Hundis placed in the Temple and that no offerings made elsewhere will be utilized for the purposes of the Deities. (Chapter XXXVI)

283. There should  be complete  ban  on the  activities  of Dhulia Gumastas.  The Temple should set up an organization of pilgrim guides and in enlisting such guides preference should be given to Dhulia Gumastas who, having regard to their character and antecedents, are found fit for the job. Preference should also be given to the Sevaks who by reason of any reforms brought about by Legislation or otherwise would be displaced from their Seva.   Each pilgrim guide should obtain a license from the Administrator. (Chapter XXXVI).

284. Provisions contained in Clauses 18B, 18C, 18D and clauses 18F to 18H in the Sree Jagannath Temple (Amendment) Bill, 1976 are commended for acceptance. (Chapter XXXVI).

285. Even if the  present  system of  Attika is  allowed  to continue under conditions and restrictions mentioned above, still  a  Hundi should be placed  in a prominent place  in the Jagamohan inside a screened enclosure where Jatris may put their offerings.  Similarly, in some of the important subsidiary shrines inside the Temple sealed boxes may be placed where pilgrims may put their offerings.  (Chapter XXXVI).

286. Existing facilities for Paramanik Darsan should continue, but the fees may be raised slightly.   Besides Paramanik Darsan, provision should be made for Ekanta Seva by pilgrims. (Chapter XXXVII).

287. The Temple Administration should undertake construction of a Dharmasala of its own.  If possible, at a place as near the Temple as possible.   If there is any difficulty to secure such a vacant site it should put up a Dharamsala in Talabania near the Railway Station.  It should initiate the ‘own your cottage’ scheme and put up cottages either in Talabania or in Ballapanda.   Simultaneously it should enter into negotiations with the owners of Dharamsala to secure management of the Dharamsalas situated in the Town of Puri. If that is  not feasible the  Temple  Administration  should  at least enter into some arrangements with the owners of Dharamsala to ensure that the pilgrims conducted to the Dharamsalas  in the Temple buses are accommodated there. (Chapter XXXVIII).

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288. The  Temple should  keep  some of its  buses  at the Railway Station and bus stand to conduct the pilgrims from there to the Dharamsalas.  (Chapter XXXVIII)

289. A  Foundation  Fund of  an  amount  of  Rs.10  crores should be constituted.  The Governor may be requested, if he has no objection, to issue an appeal on behalf of the people of Orissa inviting donations to the fund.   The Fund should be administered by a Board of Trustees consisting of those donors who pay Rs.5 lakhs or more to the Foundation Fund. The fund when collected should be invested in long term deposits.  Only the interest accruing from such deposits should be spent for the purpose of the Temple. The Board of Trustees should meet once a year at Puri to review the financial position of the Temple and inter alia to consider proposals to augment the income thereof.   The Board of Trustees should elect a person to be the Member of the Managing Committee. (Chapter XXXVIII).

290. The Temple should publish an almanac of its own.  It is only this almanac which should receive the approval of the Raja of Puri and of the Mukti Mandap.  Such Almanac is likely to be very popular and the sale thereof may yield a sizeable profit to the Temple. (Chapter XXXVIII)

291. The Temple should obtain monopoly for the manufacture and sale of photo pictures of the Deities in several  Besas.  This  is likely to yield a substantial  recurring income to the Temple. (Chapter XXXVIII).

292. The Mahalaxmi Bhandar should be run departmentally instead of being leased out as is being done at present.  If worked departmentally it is likely to yield annually a  net profit of  Rs.2 lakhs  as against  Rs.70,000  which the Management is at present getting by leasing it out. (Chapter XXXVIII).

293. The Management should introduce a scheme whereby pilgrims may at their cost conduct some of the festivals of the deities for which expenditure is at present being incurred from the Temple Funds.   Apart  from satisfying the devotional urge of the pilgrims, this system is likely to yield a good deal of income to the Temple. (Chapter XXXVIII).

294. By means of due publicity the pilgrims may be encouraged to offer special Bhogs to the Deity.  As a portion of such Bhog would be distributed amongst certain categories of Palia Sevaks,  their  earnings would increase thereby. Sale of the Temple’s share of such Bhog would also yield an income to the Temple. (Chapter XXXVIII).

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295. As the Transport Service of the Temple is yielding a net profit of about Rs.2 lakhs per year at present, its scope should be widened as far as it is practicable. (Chapter XXXVIIII).

296. A dairy farm should be started. If properly run there is every likelihood of philanthropic people donating cows to the dairy farm. (Chapter XXXVIII)

297. Niladribihar should be worked departmentally,  and Dolabedi Kunja should be revived. (Chapter XXXVIII)

298. Besides taking possession of and leasing out Chulis in the Temple Roso, the Administration should also take possession of  all the Saraghars inside the Temple  premises and utilise them properly.   If possible some of the Sargharas situated in the Bahar Bedha can be leased out. (Chapter XXXVIII).

299. As far as it is practicable, lands of Lord Jagannath and Jagir lands held by Sevaks under Lord Jagannath should be kept out of the purview of land Legislations.  This principle should also apply to all Debottar lands.  If it is not possible to exempt the Estates of Lord Jagannath from the purview of the Estates Abolition Act, the annuity that is going to be  fixed, should be on as liberal a scale as possible, making a further provision for periodic upward revision of the annuity amount with the rise in prices. (Chapter XXXVIII).

300. Sincere  and urgent  efforts  should be  made  by  the Temple Administration to obtain a full list of all properties of Lord Jagannath situated inside and outside the State. Excepting properties situated in the district of Puri, which the Temple can directly manage, efforts should be made to dispose of the properties situated outside Puri and the sale proceeds should be invested in long term deposits.  The effort to obtain information regarding properties situated outside the State of Orissa should be made at the level of Government. (Chapter XXXVIII).

301. Transfer of Seva rights should be prohibited by Legislation. (Chapter XXXIX)

302. An institution to train Puja Pandas and such other Sevaks for whom training is necessary should be established inside the Temple. (Chapter XXXIX).

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303. A concerted drive to keep the Temple premises absolutely clean should be undertaken by the Temple Administration. (Chapter XXXIX).

304. It  must be ensured that food­stuff  sold  in Ananda Bazar are kept  in  fly­proof  receptacles.  Food­stuff  must be sold at places earmarked for the purpose.   Ananda Bazar should be cleaned twice a day. (Chapter XXXIX).

305. Asking for alms within the Temple precincts should be strictly prohibited.  (Chapter XXXIX).

306. A religious atmosphere should be created inside the Temple premises by periodically holding religious discourses and by arranging for Vedaparayana and reading of Puranas, inside the Temple precincts. (Chapter XXXIX).

307. Practically  no  publicity  arrangements  exists in the Temple at present.   The Publicity arrangements should be considerably improved for the convenience of the pilgrims. (Chapter XXXIX).

308. Soliciting Dakhina in any form by any person, be he a Sevak or otherwise, inside the Temple premises should be prohibited. (Chapter XXXIX).

309. Mahaprasad Seva Sadan which had been started some time back and which has fallen into disuse now should be revived. (Chapter XXXIX).

310. A Code of Conduct for observance by all Sevaks inside the Temple should be framed and their observance should be strictly enforced. (Chapter XXXIX).”

The CCTV Cameras having night vision was also recommended.

IN RE: REPORT OF LEARNED AMICUS CURIAE

8. Shri Ranjit Kumar, learned Amicus Curiae has made inspection of

the premises on 22­23.2.2019.  He has made reference to the Puri Shri

Jagannath Temple (Administration) Act, 1952 (for short, ‘the 1952 Act’)

and Shri Jagannath Temple Act, 1954 (for short, ‘the 1954 Act’).  He has

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drawn our attention to the definition of Sevaks as defined under Section

4(d­1) of the 1954 Act, thus:

“4(d­1) “Sevak” means any person who is recorded as such in the Record of Rights or is recognized by a competent authority as a Sevak or his substitute or has acquired the rights of a Sevak by means of any recognized mode of transfer and includes a person appointed to perform any niti or Seva under clause (i) of sub­section (2) of Section 21.”

9. Learned Amicus Curiae has pointed out in his report that 1954 Act

has  been  made to reorganize the scheme  of the  management of the

affairs of the Temple and to provide better administration and

governance having regard to the ancient customs and unique and

traditional  nitis  and ritual contained in the Record of Rights prepared

under the 1952 Act.  The Managing Committee  has been constituted

under the Act, inter alia, to ensure proper performance of Seva, Puja and

periodicals Niti of temple, arrange for proper collections of offerings, audit

of accounts and installation of Hundi.

10. Learned  Amicus  Curiae  has  pointed out following aspects in  his

report of inspection:

(a) There is scope of improvement on various aspects with

respect to visits of devotees inside the Temple complex.

Suggestion has been made to have  darshan  in a systematic

line, which facility is available in Tirupati, Golden Temple and

Mata  Vaishno  Devi  or such  other similar  places.  Learned

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Amicus Curiae was informed that the entire complex is about

10 acres and a very  large number of  smaller temples were

there, approximately 97.

(b) With respect of hygiene more specifically in Rosaghar, where

all the cooking for the Mahaprasad is done, it was found that

there  was a lot  of  activities  being done on small  chabutra

open to the  air  and without  proper  manner  of  disposal  of

waste.  Wood fired chullas are used in the main kitchen.  Out

of 240 chullas, 8 are specifically used for preparation of

Kotha Bhog of the Lord Jagannath and the rest are under the

possession of other licensees who pay nominal rent to Temple

administration and are cooking the  Mahaprasad.   The

hygiene in the main kitchen is not known.   There is no

disposal mechanism for waste nor an effluent treatment

plant.

(c) With respect to hygiene requirement to Anand Bazar where

the sale of  Mahaprasad  takes place, the steps require large

scale improvement in terms  of  hygiene,  but  Archaeological

Survey of India (ASI) seems to be having some issue, if

improvement is made.  

(d) Donation boxes should be placed at strategic point both

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within, outside and at all other smaller Temples within the

complex.

11. Learned  Amicus Curiae  was informed that 119 types of

Seva/Nitis/Rituals are performed by the Sevaks who are hereditary and

the  daily requirement is  about  85  to  90  Sevas  from 45 categories  of

Sevaks  and the requirement increases in festivals and occasions.   The

Managing Committee meeting was held to consider the 12

recommendations made by the District Judge.   Learned  Amicus Curiae

has reported regarding 12 suggestions thus:

“(i)Abolition of Hereditary Sevaks / Appointment of Sevaks:  Firstly, in terms of the 1952 Act the hereditary right granted to the Sevaks is recognized and is statutory in nature. Therefore the same cannot be abolished because each of the Sevaks  who belonged to different  Nijog  have been recognized with reference to their right to  perform  Rituals/Nitis  of the Deity,  since it is a practice which has been going on for time immemorial.  The same cannot be taken away and those rites stand recognized.  However, there are presently about 2300 Sevaks  belonging to different  Nijogs  and what was suggested was that the number was required to be reduced so that each of  the  Sevaks  gets some turn  for  Seva and thereafter some Puraskar  for the maintenance and upkeep of the family and their livelihood.   The others be given a golden handshake which was being worked out between the administration and the  Nijogs  without  losing any of the hereditary practice and requirement qua with Deity while having a reserve list also so that in the absence of any Sevak, the Nitis and Rituals are not in any way affected.

(ii) Prohibition to collection of money by  Sevaks:   The Administrator along with some others in the Managing Committee suggested, as is also are the requirement under the Act, that additional  Hundis/Donation Boxes  are  placed  and from out of the money received a certain percentage be disbursed to the  Sevaks.  Over and above, those devotees/visitors who have a specific Yatri Puja may do so at a

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price to be deposited through the office where receipts would be granted and a percentage of the same would be paid to the Sevak for performing that Puja.  In this manner the Darshan of the Pilgrim will not be effected and at the same time the Sevaks  would also be getting certain percentage of the collection.  It was my understanding that the percentage being given on some things or the percentage that is being thought of may be on the lower side.

(iii) The Temple Management to take control of Rosaghar and Chullas:   I have already dealt with this above and I was informed by the Managing Committee that they will make sure that hygiene is brought to the standards and all efforts are being made in that direction.

(iv) Provision of separate toilets for male/female, Sevaks:  I  was informed that just  now there  was only two places in the West and the South but 10 more urinals and two toilet complexes were being set up with private maintenance so that hygiene and cleanliness is maintained and cloak rooms will be made in four months time and that a motorcycle stand would also be made for the Sevaks.

(v) Queue in Darshan:  I have already outlined this above and have suggested already to the Managing Committee that how it could be done and will also explain in the Court is well.

(vi) Surveillance of collection from  Hundis and Donation boxes:  This has also been dealt with above.

(vii) Audit of Temple fund by Accountant General:   I was informed that Audit was already being done by the Internal Audit Committee of the Temple Administration, by the Chartered Accountant and that the grants which were made by the State Government were being audited by the CAG. Further the Chartered Accountant, member of the Managing Committee, informed me that the accounts are going to be put online  on the  website:  www.jagannath.nic.in  and  that  more and more activities will now be put therein.  He also informed me that the interest earning of the Temple on the corpus fund of  the Temple was approximately  Rs.30 to  Rs.35 crores per year while the expenses are Rs.60 to Rs.70 crores per year. Thereafter the shortfall is  met  by the  State  grants  and  the capital investment requirements are met by the Government. He was also of the suggestion that digital marketing could be done for the Temple for the purpose of donations to be received.   I was also informed that the Temple and endowments have a total of 60418.353 acres of land and the

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Record of  Rights have been prepared only  with reference to 34200.976 acres and the rest was under preparation.

It must be understood that there are two kind of Records of Rights vis­à­vis the Temple, one is the Record of Rights as is normally understood with reference to property and the revenue entries and the  second  is  Record of Rights (RITES) which is with reference to the Rites, Rituals and Nitis  to be performed by  Sevaks  who have hereditary rights and recognized under the 1952 Act.

(viii) Identity Cards for the Sevaks and Staff:  It  has been  agreed  upon  that Identity  Cards for  Sevaks  would  be made with  a  colour code  for  Sevaks,  for  employees and for labour so that unwanted element do not come in.  This would be implemented in three months time.

(ix) Guides to be Registered:   It  was  informed that  a Yatri  Panda Sangh  was being made who would act as guide and who will have to be registered with the Administration and this would also be done in three months time and they would be verified by the office of the S.P., Puri so that any criminal element is not recruited.

(x) Reduction of Administrative Staff:   I was informed that rationalization of the administrative staff was being done and 127 persons had already  been retrenched.   The main requirement of the administrative staff was with reference to cleaning and sweeping, the internal temple police, the management of the lands belonging to the temple as also the management of the Quarries and Mines of the temple.   This rationalization would be completed soon.

(xi) Single Authority for Security of the Temple:  I was informed that the internal police performing the job of security inside the temple was without any police power but now an additional S.P. Rank officer has been assigned to the temple administration with full powers under the control of the Home Deptt.

(xii) Proposed Amendments in the 1954 Act:  The emphasis on the amendments was with reference to the meaning of the Records of Rights because of the confusion that is created to the hereditary rights of the  Sevaks  for the performance of the Nitis and Pujas.”

12.  Learned Amicus Curiae has pointed out that no accommodation is

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made available for any pilgrim by the Temple Administration.   The

Administrator informed that Yatri Niwas and Bhakt Niwas were proposed

and one was under construction and another, which was available,

required lot of repair.

13. References  have  been made  to the  demand of  Sevaks  regarding

Temple management to provide school, education, Government jobs, etc.,

for the families of Sevaks.   There is no proper accommodation for them

and for the education of their children.   They hardly get one turn in a

month for performing Seva/Puja, for which they get  Puraskar, which is

not sufficient for their livelihood.

14. Learned  Amicus Curiae  has also pointed out that proper

coordination is required.   Certain suggestions have been made for

revenue generation of the Temple.  

15. The opinion of the Chairman of the Managing Committee  Shri

Gajapati Maharaj has also been noted by learned Amicus Curiae that the

situation was very difficult as the heart and soul was not dedicated to the

Lord.  The three grey areas have been pointed, namely, (1) Management

with three authorities – the Government, the Managing Committee and

the  Administrator; (2) Qualified  Sevaks  are  not available despite the

requirement of having traditional  Nitis  and  Sevas  and Rituals to be

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performed.  Seva should be made attractive; and (3) religious monitoring

was not proper.

16. Learned  Amicus Curiae  has also pointed out that proper

coordination is required  between the  Administration  and the  Sevaks.

The criminal elements were required to be identified and removed and

discipline was required to be brought in both for the Sevaks and for the

pilgrims with regard to the movement inside and outside the complex.

The system of sub­letting is required to be done away with.  There was a

requirement of four tier of security within the Temple in such a manner

that  only  one type  of  police is  available  so that the  pilgrims are  not

harassed.

17. Learned  Amicus Curiae  has also pointed out with respect  to  the

meeting he had with the stakeholders.  Sevaks were of the point of view

that their rites cannot be taken away, which were hereditary in nature.

Certain restrictions have been imposed on offering during Rath Yatra and

on the entry of pilgrims inside the  Garbh Griha  (Sanctum Sanctorum).

There is no  health  welfare scheme  nor  hospitals are provided.   The

accounts are not being managed properly.  The quarries and mines were

allotted in the names of minor.   Reference has also been made to the

report of 1805 of Charles Grome.  It has also been pointed out that there

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was no internal mechanism for complaint to be lodged by women.  It has

been pointed out that 8­9 suggestions of District Judge are being

implemented.   There  was scope for improvement  and the  hygiene is

required to be improved without affecting the hereditary rights of Sevaks,

which in turn improve the conditions of Sevaks and hassle free Darshan.

18. This Court has directed the learned Amicus Curiae and Shri Tushar

Mehta, learned Solicitor General of India, to make inspection and submit

a report as to suggestions after the Cabinet decision, which has been

gazetted on 27.8.2019.  Learned Amicus Curiae has submitted his report

on 27.9.2019,  wherein it  has  been observed that  redevelopment  plan

around the Temple is  mainly  to  decongest  the area  for  the benefit  of

pilgrims and to make the city of Puri a world heritage city.   Some

demolition on the entrance of the Temple has already taken place.  The

Chairman of the Managing Committee informed that nobody was

opposing the reforms for the betterment of the place so that it becomes

world heritage city.   However, the rehabilitation package should be

liberal and proper and should provide fair deal.   

19. It has also been pointed out that during annual Rath Yatra, lakhs

of people visit the Temple town, the congregation is such that it is

difficult to manage the crowd.  It becomes difficult to manage the crowd

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especially to protect the elderly or the children or if somebody becomes

sick.  It was informed that Nagarjuna Besha to be held in 2020­21 and

the  plan  has  been  prepared to rotate the  crowd  along the  dedicated

corridors around the Temple and control the same in a peaceful manner.

The rehabilitation package has been prepared  for the people  who are

going to be uprooted from their homes, business places, etc.   The

acquisition is being done on the basis of negotiation.   Learned  Amicus

Curiae  also met  Srimad Jagadguru Shankaracharya  and  Swami

Nishchalanand Saraswati, who expressed concern of the daily  Rajbhog

and Puja, which are called “NEETIS” to be performed inside the Temple

for Deity on daily basis and if the Deities were not worshipped according

to the Neetis, then it amounted to desecration of the Idol.  He has handed

over a written note to learned Amicus Curiae.   The note given would be

helpful for deciding the main writ  petition about the  Neetis  and daily

ritual to be followed in the worship of Deities.  

20.  It has also been pointed by learned Amicus Curiae that there is a

necessity  to have a better  infrastructure outside the Temple than the

existing one, that is sought to be achieved by the proposed plan.

21. Ms. Priya Hingorani, learned Senior Counsel has also submitted a

separate report.   She visited the Temple on 11.10.2019. She has also

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pointed out certain demolition has taken place.  Those structures were in

dilapidated state and unsafe for human habitation.   However, Temples

inside the Mathas, their Gaadis, Samadhis and other artefacts have been

preserved.  Certain establishments have been relocated and thus, are yet

to be resettled.

IN RE: SUGGESTIONS MADE BY SRIMAD JAGADGURU SHANKARACHARYA

22. Suggestions made by Srimad Jagadguru Shankaracharya have also

been placed on record, wherein the  importance of the place has been

pointed out thus:

“By faithfully darshan of Neelchakra, Shikha Dhwaj, Devalaya, Garuda Stambha,  Shri  Patit  Pavan,  bowing down in  front of Shri Jagannath  placed on  ratha  from the  ratha  premises and outer circumambulation of temple a person will get same fruit as one who is directly involved in service and worship.

The use of Mantrik, Tantrik and Yantrik process for expressing all encompassing  Sacchidananda Swaroop Sarveshwar  in the form of traditionally made  Archa Vigraha  is same as the process of expression of electricity present in water, earth and sky through machines.

Like  we need  to respect this fact that “Electricity  shouldn’t disappear and it’s existence should be beneficial not fatal”. In the same manner the fact that “Five  deities  namely  Surya­ Vishnu­Shiv­Shakti­Ganapati  and their  avatars  as defined by Sanatana Shastra  (scripture) which are consecrated and embedded  in the  Archa Vigraha  their refulgence should not diminish and their  presence should be beneficial  not fatal”. Reverence to this fact within the limits of propriety is the ultimate responsibility of cultural,  social,  administrative and constitutional institutes.

The brilliant people who understand  Devata Tatva  (god element) through the effect of their extraordinary infallible power consider the splendid effect­cause­composed universal

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all­deity either at Aditya (sun) according to ‘एककै व वव महवनवत्मव ददेवतव स ससरर इत्रवचक्षतदे’  or as  Agni  (Fire) according to ‘अगगन:  सववर ददेवतव:’ (Aitareya Brahmana 2.3).  He  is also known as  Indra  having extraordinary grandeur, Mitra who assures safety from fear of death, Varun who purifies all sins. Agni which is omnipresent, Garuda the divine bird, Yama who in form of fire governs and Vayu who flows freely everywhere in space.

Therefore  worship  and consecration  of  Surya,  Vishnu,  Shiv, Shakti,  Ganpati  and their  vedas  based  avatar  (incarnations) who perform five task namely creation­preservation­ destruction­punishment­reward in the form of  Archa Vigraha is possible. Therefore it is the sacred obligation of learned eminent person that they allow this Sanatana tradition which is in harmonious compliance with philosophy, science and behaviour to be implemented in the Sanatana method.”

With respect to servitors appointed in  Sanatana  Temple, they are

permitted to carry out their living.   Concern has been expressed about

their financial  condition.  To  make  temple free from exploitation  and

healthy environment, mutual understanding has to be developed under

the aim to free the sacred institution from economic exploitation.   Care

should be taken that does not result in more economic exploitation by

Government in comparison to before.   There should not be neglect and

disrespect of any element involved in the proper operation of this sacred

institution, but neither more or less participation of everyone is required.

A High­Level Committee should be formed for which suggestions have

been given to have a harmonious dialogue that can remove all

discrepancies in Shri Mandir.  Following suggestions have been made:

“1. Implementation of the endeavour to promote and systemize Shri Mandir as an institution of education, defence, culture, prosperity, service, dharma & moksha.

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2. Implementation of proper system for selection, training and enrolling servitors according to family tradition.

3. Absence of  dharmic  and spiritual leadership should be rectified as per tradition.

4. The books namely  Rigveda,  Skanda Purana,  Brahma Purana,  Vamdev Samhita,  Neeladrimahoday,  Pancharatra­ Ishwar  Samhita  and  Vimarsha  which  mention  consecration, worship and different festivals related to Shri Jagannath; based upon these a book named ‘Shrimandir­Seva—Samarcha­ Prakalpa­Paddhati’­ ‘Shri Jagannath Samhita’ should be created by wise pundits under the guidance of  Shrimad Jagadguru Shankaracharya,  Shri Govardhan Math,  Puri Peeth so that blind traditions are negated appropriately and a healthy tradition that is in accordance to  Shastra  (scriptures) is fixed and implemented.

5. ‘Mukti Mandapa’ should be restored to its original form and the natural right of establishment, upkeep and management accorded to  Shrimad Jagadguru Shankaracharya,  Shri Govardhan Math, Puri Peeth by tradition should be restored.

6.  King Gajapati  Ji  should be recognised as  Yajamana  in  a position of King Indradyumna.

7. The rights and liabilities of  Shankaracharya,  Gajapati, ‘Mukti Mandapa’, servitors and administration should be decided such that they are  neither  more or less; then the determination and execution of service roles of Kumbhakar etc. according to old settled traditions.

8. Determination of tradition of servitors in accordance to Shastra  (scriptures). The endeavour to make them well educated, cultured, trained, deserving and self­sufficient should be identified and undertaken. A residential school must be  established and run accordingly for  children of  servitors and brahmin family  belonging to  solahshasan.  They  should receive knowledge and skills training according to their family tradition.

In systemizing Shri Mandir it is expected that due consideration must paid to proper following of traditions, establishing eligibility of servitors according to daily schedule, appointment of servitors within the limits of service required, their training and determination of source of livelihood for extra servitors.

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In independent Bharat through directionless government this sacred institution  has  been removed faraway from spiritual guidance and turned just into a hub of money and fame. The implementation of  divide and rule policy  is  heights of  short sightedness. Therefore rectification of this discrepancy is highly desired.

With the aim to keep the divine powers of Shri Jagannath Ji in Archa Vigraha  intact so that worshippers and  devotees get benefiter by it not harmed, we need to follow injunctions and prohibitions  prescribed in  Sanatan  Shastra  (scriptures) just like we follow injunctions and prohibitions regarding electricity. By declaring Shri Mandir as equivalent to samadhi and museum of Gandhi Ji, its sacredness and safety is bound to get extinct.

9. There should be adeptness in securing the sacredness and beauty of temple, protection of decency and ornaments of devotees and management of temple. The service projects run by temple should be determined and implemented.

It is essential to make this sacred institution a center of devotion and of participation of hindus all over world who are devotees of Shri Jagannath and belong to Sanatan, Vedic, Arya tradition.

The first consecration of Shri Jagannath Ji was done by Shri Brahma Ji on Vaisakh Shukl Ashtami and second consecration was done by  Shri Shankaracharya  on  Vaisakh Shukl Dashmi so annual festival should be held on that day.

10.  During the reign of idol destroyers for 144 years Shri Jagannath Ji was not visible; according to  Bhasmajabala Upanishad  on  Vaishakha Shukl Dashmi  483 BC,  Shri Bhagwatpad Adi Shankaracharya  re­consecrated  Mukti Mandap. This fact should be illustrated in history of Shri Mandir as a token of gratitude.

11.   Through the method specified by  Shri  Bhagwatpad Adi Shankaracharya and his disciple Emperor Sudhanwa the way of managing  Shri Govardhan Math, Puri Peeth  should be cleared; then  Shri Jagannath Mahaprabhu  should be re­ established as the worship deity of this peeth and Puri situated in Purushottam region should be popularized as a dharmic and spiritual capital and the Acharya of peeth should be mentioned as it’s overlord.

Reckon this fact that without Devguru Brihaspati Ji, Indra and other  devatas  had to suffer a lot. In modern perspective the infallible cause behind the preeminence of christians

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worldwide is the concurrence between both   parts   of christianty namely alternative  governance system and Pope. By keeping this fact  in mind a path must be cleared for  in principle concurrence between traditional  Vyaspeeth  and government.

12.  Most of servitors are financially vulnerable  due to less quantity of service in Shri Mandir, a way for their economic welfare must be found out and some adequate arrangements for their medical and other expenses must be made.

13.  Government  of  Odisha  should  appoint  a  chief  manager adept  in complying and making others comply with  dharmic and spiritual  activities in  Shri  Mandir;  but  he shouldn’t  be administrator of dharmic and spiritual area.

14.  The competent person to be appointed as Chief  of  Shri Mandir  Management Committee  must first  undergo  dharmic and spiritual training for a month then he should be appointed to this post so that he is able to keep this sacred institution away from the grips of directionless business class.

15. The determination and execution of standards of sacredness, beauty, grandeur and orderliness in Shri Mandir must be done as soon as possible.

16. The details of property and budget of Shri Mandir must be decided and presented in proper manner.

17. Travellers must receive warm and pleasant behaviour.

18. The service and worship of Devi­Devata consecrated in Shri Mandir must be done according to  Shastra  (scriptures) at appropriate timing.

19. The selection of members of management committee must be done in dharmic and spiritual way with the participation of Shankaracharya, Gajapati,  ‘Mukti Mandapa’,  Mukti Mandapa Pandit Sabha’, Servitors and Government administration.

20. The selection of office bearers of ‘Mukti Mandapa’  and ‘Mukti Mandapa Pandit Sabha’ must be done under the divine aegis  and  guidance  of  Shrimad  Jagadguru  Shankaracharya, Shri Govardhan Math, Puri Peeth who is the chief of institution.

21. The publication of annual  Panchang  from  Shri Mandir must be done in an authentic and optimal method.

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22. The endeavour to organize monasteries, temples of ‘Sanatana dharma’ in Odisha as dharmic and spiritual fortress and divine temples must be determined and implemented.

23. The office bearers of management committees of Shri Jagannath temples built  all  over nation and world must be contacted in good faith and every year a convention must be organized for them in ‘Acharya Peeth’, Puri.

24.  An  authorised  scholar should recite ‘Shrimad  Bhagwat’ and stories of greatness of  Purushottam  region from  Skanda Purana in Shri Mandir regularly in morning and evening.

25. Proper arrangements for the security of  Purushottam area and Shri Mandir situated there must be done.

26. The required reformation between  Garbhagriha  (sanctum sanctorum) of Shri mandir and the attached Mandapa must be determined and implemented based upon Shastra (scripture).

27. The inordinate secrecy and misconduct in service and worship of  Shri Mandir  is due to addition of different dimensions by many eminent persons from time to time; while elaboration leads to increase in tribulation but brevity leads to assuagement ­  गवस्तवरवर क्लदेशससंर यक्तवर ससंक्षदेपवस्त य स यखववहव:| (Mahabharata Shanti Parva, 297.20, 37)

Therefore, it is necessary to determine and implement practices which are unopposed and in accordance to Sanatana tradition and which will not lead this sacred institute to become directionless.

28. While any person and organization related to this institution should be taken care of appropriately, nobody must exploit this dharmic and Spiritual institution.

31.…..Therefore it’s an established principle that  Shri Govardhan  Math  and the sacred institution  of it’s  Aradhya Devi Shri Jagannath Ji  must be managed as per the code of conduct given by Shri Bhagwatpad Adi Shankaracharya.”

IN RE: RESPONSE OF STATE OF ORISSA, RESPONDENT NO.2

23. The State of Orissa, respondent no.2 has filed an affidavit on

29.6.2018, wherein it has been stated that State of Orissa as per the

order dated 8.6.2018 passed by this Court, has constituted a Committee

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to study the management schemes of other important Shrines such as

Vaishno Devi,  Somnath Temple, Golden Temple, Amritsar,  Tirupati

Temple  and  Dharmsthala  (Karnataka) Temple.   The Committee was

directed to submit an interim report.   Notification has been issued on

12.6.2018.   

24. An additional affidavit has been filed on behalf of State of Orissa on

30.9.2019, in which it has been pointed that a Commission headed by

Shri Justice B.P. Das, retired Judge of the High Court of Orissa, was

constituted, which has recommended for widening of road outside the

Temple for crowd management, movement of emergency vehicles such as

fire tenders, ambulances, etc. and the Works Department has submitted

a proposal to the Collector for acquisition of land within 75 meters from

Meghanad Pacheri of Shree Jagannath Temple under the provisions of the

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (‘the Act of 2013’).   A

Resolution has been passed by the Cabinet, which has been gazetted on

27.8.2019.  It is stated that steps are being taken in accordance with the

provisions  contained in the  Act of  2013, to acquire  and rehabilitate.

Three highly unsafe structures have been removed, details of which have

been given.  It is further stated that 26 commercial establishments have

been relocated temporarily till final rehabilitation takes place.   The

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Deities and the  Gaadis  of affected  Maths  have  been  preserved.  The

Redevelopment Plan will focus on heritage architecture, complementary

affiliation  between  Shri Jagannath Temple  and the  Maths  concerned.

Adequate parking shall be provided for the use of  Maths  in the

redevelopment plan.   Shopping  units  will be constructed as per the

Rehabilitation and Resettlement Scheme and provided at common

market  complexes.  The Rehabilitation and Resettlement Package has

been  filed  as  Annexure­C along  with  Heritage  City  Project  of  Puri  as

Annexure­D.   Due process of law is being followed and the District

Administration has no intention to remove the temples and gaadies, etc.

25. Additional Status Report has been filed on 21.10.2019 by the State

of Orissa.   The State Government has taken a policy decision in

consultation with the  Mahant  and the Administrators of the  Matha.

Following five steps have been taken by the State Government:

“7.That the above referred steps would ensure that –  (i)  The long felt need of clearing the nearby area of  Shree Jagannath Temple is achieved so as to avoid any stampede, incident of fire, taking care of emergency situation by providing ingress/egress to fire brigade and ambulance and taking the security concerns of the temple and the safety of the devotees into consideration.

(ii) While doing so, the deities, sanctum santorum, gaadi, samadhi of the Matha, relics of the Matha will not be disturbed and remain at their current place with better beautification in line with Kalinga style architecture.

(iii) The properties of the Matha which are used for shops/ commercial activities/ lodges etc will be acquired and cleared and the compensation would be paid at the rate

34

mutually  agreed in  consonance  with the  Rehabilitation  and Resettlement  Policy.  Every  shopping unit  will  be  eligible for allotment of a shop unit in the market complexes to be developed.  

(iv) In view of redevelopment of Matha with accommodation of Mahanta, and other relevant structure as applicable, an alternate site would be made available at the nearest available vicinity of the place where it existed earlier. Structure cost as per law would be paid to the Mahanta of the respective Mathas with construction assistance as prescribed in the Rehabilitation & Resettlement Policy.

(v) Till the time such alternate site is made available, the State Government would pay compensation/ rent on a monthly basis at a rate as per the Rehabilitation & Resettlement policy and based upon the request of the Mahants which is calculated based upon their actual requirement.”

The Minutes of Consultation Meeting with various  Mahants  of

Maths have also been placed on record as Annexures A to H.

IN RE: SUBMISSION OF INTERVENOR

26. One of the intervenors –  Daitapati Nijog  has pointed that the

Daitapatis  have a  hereditary right to  perform secret  sevapuja  of  Lord

Jagannath and same is mentioned in Record of Rights under the Act of

1954.  Any reduction in number of Daitapatis would lead to difficulties in

performing the nitis/rituals.

IN RE: RESPONSE OF TEMPLE MANAGING COMMITTEE

27. The  Temple  Managing Committee  has filed its first response  on

24.4.2019, as to the suggestions made by learned Amicus Curiae.  It has

35

been pointed  that the Temple  Administration  is  neither  averse to the

implementation of the recommendations/suggestions of learned Amicus

Curiae on the issue after holding discussions with all the stakeholders on

23.2.2019.

28. It is further submitted that Temple Administration is open to carry

out improvements in the Temple as may be directed by this Court in the

larger interest of the public, however, improvement should be carried out

without  hurting the religious  sentiments  of the  people  of  Orissa, the

devotees, religious traditions, the rights of  Sevaks  and the  Jagannath

Sanskruti.  Since, it does not wish to have chaotic surroundings around

the Shrine or to hurt the religious faith of its devotees, which are spread

all over the world.  The queue system has been introduced by installing

steel railings with covers for all the devotees.  Queue is controlled by the

police personnel of the Temple Police.  Police Officials are monitoring the

CCTV footage round the clock.   Railings at the  Singhadwar  i.e.,  main

entry,  have been installed from 1st  week of October,  2019, which was

strongly opposed by some groups claiming to be  Jagannath Sena  and

called for  Puri Bandh on 3.10.2019.   During which the members of the

group vandalized  and ransacked  the Temple  Administration,  which  is

causing huge loss to the property of the Temple Administration.   Thus,

Temple Administration was forced to abandon the execution at the main

36

entrance to the Shrine.

29. It is further pointed out that large scale improvement for managing

the crowd inside the Shrine is not possible considering the fact that the

Shrine being protected religious monument is under the control of

Archaeological Survey of India (ASI) and without its express permission,

no further construction or renovation is possible.

30. As to the abolition of hereditary rights of  Sevaks, the Temple

Administration is in respectful agreement, however,  it is submitted by

the Temple Administration that Record of Rights has been conferred on

such Sevaks/Sebayats recognizing their rights under the 1952 Act.  The

abolition of the system would require amendment of the Act.  It has also

been pointed out that in the event of such amendment to the existing

provisions abolishing the age­old rights of the  Sevaks, the same would

have serious ramifications on the daily  rituals/nitis/pujas  of  Shri Lord

Jagannath as all Pujaries cannot perform seva/puja of the Deities, which

requires  special  skills  and expertise  and the  present  Sevaks  are  well

versed with the traditional style of  seva/puja  of the Deities.   The

abolition of the system may evoke widespread protest.   The Temple

Administration is contemplating to reduce the number of  Sevaks, who

are large in number and have been enjoying such rights as against the

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actual number of  Sevaks  for performing the daily ritual and additional

Sevaks  are required on festive occasions only.  There are about 2500

Sevaks at present and number can be cut down to sizeable level as per

actual requirements.  Shri B.D. Sharma, Ex­Governor of State of Orissa

as also suggested improvement in his report in this regard.  He has also

suggested employment of sevayats for nitis shall be rationalized and kept

within the limits of actual requirement.   The Temple Administration is

not in favour of total abolition of ROR of  Sevaks.   Sevaks  may create

serious problems by stopping daily rituals  in the event of  such steps

being taken for reduction of their numbers.  Thus, matter has been left

at that and they will abide by the directions and the orders which may be

issued by this Court.

31. An incident dated 28.12.2018 which took place in the Shrine has

also been highlighted by the Temple Administration in which one Bhitar­

Chhu Sevak, who was entrusted with the daily duty of opening the door

to the Sanctum­Santorum at 4.30 a.m. for daily puja/nitis, did not open

the door on the ground of his personal issues with Police Administration

of Puri Town, leading to delay in performance of seva and puja, the door

was opened at 4.30 p.m. in the evening with the intervention of Chief

Administrator.   The Chief Administrator may be directed to take

disciplinary action in accordance with law against those Sevaks, who are

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found indulged in anti­temple activities including stopping of

nitis/pujas/seva and misbehavior/misconduct against the employees of

the Temple Administration and also the devotees.  In case of misconduct

with devotees and pilgrims, to debar such Sevaks permanently from their

ROR and benefits/facilities enjoyed by them under the law.   The

Committee has also agreed with the collection of donations by Sevaks as

suggested by learned Amicus Curiae in Para 9 of his report.  The Temple

Administration has passed a resolution on 18.8.2018 and has formed a

Sub­Committee.  It has drafted a regulation in this regard and the same

was awaiting approval of the Managing Committee in accordance with

the procedure provided under Section 31 of the Shri Jagannath Temple

Act, 1955.

32. It is  pointed out that  suggestions have been made by  the Chief

Administrator to the Managing Committee to develop the Mathas located

in the periphery of the Shrine for providing low cost accommodation to

the poor and needy devotees/pilgrims.

33. The Temple  Administration has taken  initiative for launching E­

Services of the Shrine.  The website would cover all relevant information

with regard to Shrine like details of  seva/puja, accommodations for the

devotees, the price­chart for sale of Prasad/Bhog.  The website was likely

39

to be launched on 7.5.2019, on the auspicious day of Akshya Tritiya.

34. With respect to hassle  free  darshan  to the devotees,  the Temple

Administration has initiated steps for providing facility of  Parikarma

around the Shrine with covered roof, safe drinking water facility at

suitable points, sitting arrangements for old, aged and differently­abled

persons.

35. For providing safe drinking water to devotees and pilgrims, water

purifiers have been installed at several places including Anand Bazar for

pilgrims/Servitors.

36. With respect to improvement in the hygiene conditions around

Rosaghar, the matter has been taken up with ASI to take steps including

providing cover for pandal where all initial preparations for cooking takes

place.

37. With respect to waste disposal, treatment plant is in place at

southern gate.  Other wastes are being collected by the employees of the

Puri Municipality on day to day basis.   The Temple is exploring further

possibility in view of the report of learned  Amicus  Curiae  for installing

effective waste management system.

38. With respect to the welfare measures, the Temple Administration

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has pointed out that they are giving following benefits:

“14.  That so far as the grievances of the sevaks as highlighted in the Report of the Ld. Amicus are concerned, the following welfare measures have already been provided by the Temple Administration for their benefits;

a. Monthly pension for old, senior sevaks, differently abled and widows of the sevaks;

b. Medi­claim policy to all the sevaks. c. Scholarship to the children of the sevaks to promote

education. d. Dispensary providing free medical facilities to the se­

vaks and their family members. e. First­Aid centre inside the Shrine for all. f. Financial helps to sevaks in case of marriage, thread

ceremony and to meet the funeral expenses. g. Accidental Death Insurance coverage to all sevaks and

devotees in case of death inside the shrine;”

39. It is further submitted that the Temple Administration is

concerning about setting up of school for the children of servitors where

priority is to be given to equip the children with the Jagannath Sanskruti

and the rites and rituals attached to seva/puja.

40. Another affidavit has been filed on behalf of Temple Managing

Committee, wherein it is stated that Managing Committee has passed a

resolution on 27.9.2018, which is to the following effect:

‘(i) Abolition of Hereditary Sevaks/ appointment of Sevaks.

The Managing Committee considered the recommendations submitted by the Sub­Committee constituted under the Chairmanship of the Chairman of the Managing Committee to examine this issue; and after thorough discussions unanimously approved the recommendations of the said Sub­ Committee after some amendments.  A copy of the proceedings of the said Sub­Committee dated 18.09.2018 incorporating the said amendments  is  annexed hereto  as  Annexure:  R3/  ­­­­

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and may be treated as part of this affidavit.   I wish to respectfully add here that the daily and periodical rituals of the Deities are performed according to religious practices, customs and traditions well established since more than 800 years as per the dictates of scared scriptures. The sevaks are performing their respective sevas hereditarily since time immemorial. As the seva is hereditary, the Temple Administration has liberally permitted the descendants of the hereditary right­holders­sevaks to perform seva as a result of which the number of sevaks has increased considerably over the centuries. It is necessary now to streamline and rationalise the hereditary rights system by re­defined it and implementing it correctly. With regard to Puri Shri Jagannath Temple, the hereditary right of a Sevak is not an absolute right to appointment. Rather it is a preferential right to be considered for appointment subject to availability of post, eligibility and fitness. On this basis, it is proposed to select and appoint the number of sevaks actually required from each category of hereditary right holder sevaks for the smooth performance of the daily rituals, periodical nitis and festivals. The number of sevaks actually required and the procedure for selection will be determined  after thorough  discussion  and  deliberation  with Sevak Nijogs and the State Government. Hereditary right holder sevaks not selected/appointed through this process will be  generously  compensated.  The State  Government  will  be requested to constitute a committee under the Chairmanship of a senior Judicial Officer for determination of compensation to be paid to each sevak who has not been selected/appointed. However, those  who  will  not  be  selected  will  not lose their status as sevak and they or their successors may be considered for selection/appointment in case of vacancy arising in future in their category of seva. If a selected sevak, fails to report in time or neglects in performing his duty, he is liable to be dismissed from seva through appropriate disciplinary proceeding under Sec. 21­A of the said Act and a new sevak engaged to perform the seva from among the same category of sevaks in accordance with the R.0.R..   Except handful of sevaks most of the sevaks are performing their seva with sincerity and dedication.  Many sevaks are not financially sound which is apparent from the socio­economic survey conducted by the Temple Administration. Handsome remuneration will  be  paid  to those who will  be  selected  for performing seva puja of the Deities so that they will not face any difficulty in maintaining themselves and their family in a reasonable decent manner.

That, learned Amicus Curiae in his report has suggested to reduce the number of sevaks as per requirement so that each of the sevaks gets some turn for seva and thereafter some Purshakar for the maintenance and upkeep of the family and their livelihood. The others be given a golden

42

handshake to be worked out between Administration and Nijog. The learned Amicus Curiae has also suggested for having a reserve list of sevaks so that in absence of any sevak, the rituals and nities are not in any way affected.

That, it may be considered to exclude those Sevaks who are involved in criminal activity and in forcible possession of Temple land while selecting required number of sevaks. Besides that the retirement age of the sevaks may be fixed.  

(ii)  Prohibition to collect money from Annadan Atika by Sevak.   Ban on placing Thali  and pitchers by Sevaks to receive offering :

As regards the prohibition to collect money from Annadan Atika by Sevaks, the Managing Committee has resolved to close Annadan Atika offices run by various sevak nijogs inside the Temple premises. It has been decided that the Temple Administration shall take over the possession of these offices  and collect  Annandan Atika money directly from the devotees. The Annadan Atika system will however be regulated by appropriate Regulation framed by the Managing Committee under the said Act to ensure fair and proper operation of this practice to the complete satisfaction of the devotee/pilgrims. This regulation will also appropriately regulate the smooth functioning of traditional Jatri Panda seva carried by the Sevaks and ensure that no devotee­pilgrim is put to any harassment or inconvenience  whatsoever. The  Yatri Pandas serving the pilgrims as guide in the Temple premises will be granted  license,  under specific terms and conditions by the Temple Administration to work as guides.

That, the Temple  Managing Committee in  its  meeting held on 18.08.18 has constituted a sub­committee under the Chairmanship of Chief Administrator to draft a regulation for the purpose of collection of Atika Money by Temple Administration and for its proper utilization with a view to save the  pilgrims from  exploitation.  A  draft regulation  has  been prepared and it is in active consideration.

As regards Ban on placing Thali and pitchers by Sevaks to receive offerings, it has been contemplated, to replace the Thali  and pitchers  with  well  designed donation boxes  to  be kept in suitable places accessible to the devotees for placing of offerings.

(III) Temple Management to take control of Rosaghar and Chuli (Hearth):

In this connection,  it  is submitted that there are 240 chulis (traditional hearths for cooking bhoga) within the Rosa­ ghara (Temple kitchen). 8 chulis are dedicated for preparation

43

of ‘Kotha­bhoga' (which is distributed among the Sevaks as per ROR); the cost of which is borne by the Temple Administration. The balance 232 chulis are used by the Supakars (traditional Temple cooks) for preparing “Baradi­bhoga” (bhoga for sale to devotees)  and the respective Supakars bear the expenses  in this regard.  The Managing  Committee  has decided that the said  232  chulis  will be let­out to the  Supakars on  annual license basis on specific terms and conditions. An appropriate Regulation under the said Act is being framed for comprehensively regulating all activities in the Rosa­ghara as well as in the Ananda­bazar (where Mahaprasad is sold to the devotees) to ensure  hygienic  and  proper  preparation  of the bhoga and its sale to devotees at reasonable rates in a systematic, organised and hygienic manner.

That, Mahaprasad is being sold in Ananda­bazar of the Temple.  Dry Mahaprasad and mementos of  Lord Jagannath are being sold in shop rooms constructed within the Ananda­ bazar. For sale of Anna Mahaprasad by Supakars sheds have been set up within Ananda­bazar. Steps has been taken to fix the rate of Mahaprasad in consultation with the Suar Mahasuar Nijog and the rate  chart  will  be displayed within Ananda Bazar. A control room will be opened within Ananda Bazar to address the grievances of the purchasers of Mahaprasad. A separate place will be identified and selected for storing and dispatching of “Baradi Bhog" (Bhoga prepared on orders of devotee).

The learned Amicus Curiae, has suggested to make the courtyard near Roshaghar where vegetables are chopped and spices are grinded for preparation of Bhog more hygienic. In this regard Temple Administration has decided to reconstruct the dilapidated structures standing on said courtyard and to repair the floor of the courtyard by replacing stones in consultation of the A.S.I.

(IV) Provision of separate toilets for male and female members of the public and for Sevaks:

That, a Toilet has been constructed outside West Gate of the Temple for use by the Sevaks and another toilet  has been constructed outside south gate of the Temple for use by the pilgrims.  A committee  was constituted consisting of the Collector, Puri, S.P., Puri and  Administrator (Development), Shree Jagannath Temple, Puri to identify other suitable places at the outer periphery of “Meghanada” Pracheri for construction of separate toilets for male and female pilgrims. After identification of the land, steps have been taken to construct toilet blocks for male, female and differently abled person at one of the location near West Gate of the Temple.

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(V) Queue system for hassle­free darshan :

As regards the queue system for hassle free Darshan, it is submitted that queue system has been introduce experimentally from 1st  Oct,  2018.  Arrangement  have  been made for entry of devotees through Lion’s Gate exit through other three gates. The  devotees are  being allowed to  main temple batch by batch through ‘Sata Pahacha’ (on the northern side) and exit through ‘Beheran Dwar’. Since it is a very old temple and limited space and has several rituals which requires to be performed without any obstacles, no permanent  barricades from Sata  Pahacha  to  Beheran  Dwar can be set up to allow the devotees to go through in a queue. However, steps will be taken to deploy additional Temple Police and District Police Staff to manage the Crowd.

It is pertinent to mention here that for hassle free Darshan of Deity by differently abled persons, special arrangements are being made.  The differently abled persons will enter the Temple through North Gate, and will have Darshan of  Deity from  ‘Bahara katha’ (Inside Nata  Mandap near Jay Bijay Dwar). For this purpose a ramp is under construction.

(VI) Surveillance of collection from Hundis and receptacles:

As regards the surveillance of collection from Hundis and receptacles, it is submitted that the collection from Hundi and donation boxes are being counted by designated Temple Officers & Staff in the presence of representative of Sevaks in the  Branch Office  of the  Temple located  within the  Temple precincts.  For  effective  surveillance of the counting process, five closed­circuit cameras have been installed at the counting place monitored by senior Temple officials and the counting process is also displayed through a large L.E.D. monitor installed outside the said Branch Office.

(VII) Audit of Temple Funds by Accountant General :

As regards the Audit of Temple Funds by Accountant General, it is submitted that as per section 27(1) the said Act read with Shri Jagannath Temple Audit Rules, 1968, the audit of Shri Jagannath Temple Accounts is being conducted by Local Fund Auditors as appointed by the Government of Odisha from time to time. The Managing Committee moreover appoints a reputed Chartered Accountant for internal audit and special audit of

45

income and expenditure of the Temple funds. All expenditure of Government grants (which are required to be placed before the State Legislature) are audited by the Account General Auditors appointed by the State Government. It has been proposed to introduce online account system from the current financial year.

(VIII) & (IX) Identity Cards for Sevaks and Staff & Guides to be registered in Temple Office:

As regards  issue of identity  cards  for  Sevaks and staff  and registration of Guides, it is submitted that multi­coloured identity cards with smart chips will be issued by the Temple Administration to  all  officers  and employees  of the  Temple. Besides, all Sevaks, agents of hereditary Yatri­pandas, employees of Sevak­nijogs including those engaged in the Rosa­ghara and Ananda­bazar (such as, porters and kitchen assistants, namely,  tunia,  jogania etc.)  will  also be provided identity cards. With the introduction the new identify cards all identity cards issued earlier will be cancelled.

(X) Reduction of over­staff :

In this regard, it is submitted that a professional agency will be hired to design the staff structure of various categories of Temple staff. It may be stated here that the staff strength of Temple Administration at present is 547 which is substantially less than the staff strength in other important shrines of India. On the other hand, the number of devotees visiting Puri Temple on any normal day is much more than other shrines of India. On festive occasions, there is a manifold increase in the number of visitors to the Temple.

(XI) Single authority for security management in Temple premises:

As regards appointment of a single authority for security management in the Temple premises, it is submitted that the State Government was requested to appoint an officer of the rank of  Additional  Superintendent of  Police who will  be  the Administrator (Security) of the Temple and will also hold charge of Singhadwara Police Station located near the main entrance gate of the Temple. Accordingly the State Govt. has appointed Addl. S.P. Puri as incharge Administrator (Security) Shree Jagannath Temple, Puri.

The  copy  of  Notification  dtd.5.02.19 is  annexed  hereto  and marked as ANNEXURE:R3/­­­­­ of the Paper Book)

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(XII) Proposed amendments to Shri Jagannath Temple Act, 1955:

As regards suggestions for amendments to Shri Jagannath Temple Act,  1955, A draft  amendment  is under preparation which will be placed before the Temple Managing Committee and State Govt. for necessary orders.”

41. The District Judge along with his report has also filed the relevant

extracts of the report of the Commission of Inquiry headed by Shri B.D.

Sharma,  Ex­Governor,  Orissa  as  Annexure­K and  that  of  Mr.  Justice

B.K.  Patra, former  Judge,  High Court  of  Orissa  as  Annexure­L.  The

recommendations in the interim report dated 20.4.2017 of the

Commission of Inquiry into the affairs of Shri Jagannath Temple has also

filed  as  Annexure­N.  We  have carefully  perused the various reports

submitted including the one by Shri Ranjit Kumar,  Amicus Curiae  and

Ms. Priya Hingorani, learned Senior Counsel as well as the Audit Report

of Accountant General, Orissa; suggestions given by  Srimad Jagadguru

Shankaracharya and Swami Nishchalanand Saraswati; and the response

filed by the Temple Managing Committee.

42. It is apparent that various aspects have to be gone into and

considered by the Temple Managing Committee and wherever the

Government role comes in, the Government has to do the needful after

taking all the stakeholders into confidence. Let following aspects be

considered:

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(i) We are very concerned and worried as to the incident dated

28.12.2018, pointed out by the Temple Managing Committee in which

one Bhitar­Chhu Sevak, who was entrusted with the duty of opening the

door of Sanctum­Santorum at 4.30 a.m. for daily puja/nitis, did not open

the door on the ground of his personal issues with the Police

Administration of Puri Town and the door was opened at 4.30 p.m.  This

is unpardonable.  No one has right to obstruct the nitis and rituals of the

Deity to be performed and there are approximately 60,000 people visiting

the Temple every day.  There is absolutely no right with anyone to delay

the  opening of the  Temple for  even a  minute.  There  was total  mal­

administration and chaos writ large from the aforesaid incident. There is

no disciplinary control available.   In the circumstances, we have to

authorize the Chief Administrator of the Temple, for the time being, to

take appropriate steps against such servitors/incumbents,  who create

obstruction in  seva/puja/niti  and are involved in misbehavior and

misconduct against the employees of the Temple Administration or with

devotees and he may pass appropriate orders considering the nature of

indiscipline.

(ii) Srimad Jagadguru Shankaracharya  has expressed grave  concern

about the  nitis/rituals which are required to be performed daily,

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otherwise it would amount to desecration of the Deities.  What rituals are

to be performed is not for the Court to decide, but when Temple exists

due to the Deities, the Deities cannot be permitted to be disregarded by

non­performance of the  nitis, puja  and ritual in the traditional form as

observed by Srimad Jagadguru Shankaracharya of Govardhan Math, Puri

in his suggestions, nitis are to be performed as per the traditional rituals

laid  down in  Brahma Purana,  Vamdev Samhita,  Pancharatra ­ Ishwar

Samhita  and  Vimarsha, which mention consecration, worship and

different festivals related to  Shri Jagannath Temple.  Let the  Temple

Management Committee invite  Srimad Jagadguru Shankaracharya  and

other stakeholders including the erstwhile ruler Gajapathi and ensure

that  nitis, puja  and ritual are performed as prescribed.   They are

performed regularly punctually every day without any remiss and

obstruction.   At the same time, we request the Temple Managing

Committee to ensure that as suggested by  Srimad Jagadguru

Shankaracharya  and also as per Record of  Rights,  nitis  and  puja  are

performed each and every day.  The Temple Managing Committee is the

best master to ensure the same.  Let the Temple Management Committee

ensure and supervise that nitis and rituals are performed regularly.

(iii) There is a need for setting up of schools for the children of

servitors.   We direct the Temple Managing Committee to allot suitable

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place for the school for children of servitors for their proper education as

may be considered necessary.  The school  should also cater to  other

members of the public, and not exclusively for children of such servitors.

The cost of Rs.5 crores imposed on Kalinga Institute of Medical Sciences

(KIMS) in C.A. No. 4914 of 2016, lying in deposit in this Court along with

interest, to be utilized for the purpose of setting up the school and its

infrastructure.  The Chief  Architect  of the State  to  ensure  that  proper

plan is produced with the help of the Temple Managing Committee and

progress of steps taken in this regard be informed to this Court.

(iv) There are vast immovable properties within and outside the State

belonging to the Shri Jagannath Temple.  It is stated by learned Amicus

Curiae in his report that 60,418 acres of land belong to the Temple and

Record of Rights have been prepared for 34200.976 acres so far.  Let the

remaining Record  of  Rights  be prepared,  as far  as  possible,  within  6

months and the same be placed before this Court.  With respect to other

immovable properties within and outside the State, let inventory be

prepared and details be submitted and how they are being utilized also

how much income is generated from them.

(v) It is stated by learned  Amicus Curiae  in the report that there are

several quarries and mines of the Temple, which are in operation without

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payment.   A list of quarries and mines be prepared as to how they are

being managed, who is operating them, on what basis and what is the

income of the Temple from them and the outstanding dues.   Let the list

of quarries and mines be produced and the income

generated/outstanding dues with names with other details.

(vi) There is no proper accommodation at present for pilgrims provided

by the Temple Managing Committee.  Report of Shri B.D. Sharma, former

Governor of Orissa, indicated that there was need of providing

accommodation to 60,000 pilgrims.  With respect to the accommodation

not only the Temple Administration, but the Government can also do the

needful as that is for providing shelter to humanity, which is necessary.

When there is a vast congregation of people, it becomes the

Government’s duty to ensure welfare, law and order, hygiene and provide

proper  amenities and sanitation facilities.   The  State  Government is,

therefore, directed to work out and prepare a plan in this regard.   The

Temple Administration is directed to coordinate with the Government in

this regard for providing shelter place and facilities to the pilgrims.

(vii) It appears that there is necessity for qualified servitors in

traditional nitis and rituals.  It is for the Temple Management Committee

to ensure that proper training is imparted to the servitors as they are in

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very large number and to ensure that only qualified servitors in

traditional nitis and ritual, perform seva, puja and nitis.   

(viii) Concern  has  been expressed in various reports  with respect to

economic welfare of the servitors.  It is for the Temple Administration and

for the Government as it provides grants to temple to ensure that

servitors are looked after properly.  At the same time, it is also necessary

to  ensure that  pilgrims are not harassed  for obtaining donations and

donations are properly accounted.  It can only be ensured when servitors

are properly looked  after including remuneration  and  health  welfare.

Likewise, to stop harassment strict control and discipline with suitable

and swift mechanism to punish the erring, should be put in place.

(ix) Concern has also been expressed in the report with respect to the

sub­letting of seva/puja.  Contracting the seva/puja is improper and the

Temple Management Committee is directed to take steps in this regard

and ensure that  seva/puja  is performed  by a person to  whom  it is

assigned by it.   

(x) Concern  has  been expressed in various reports  with respect to

hygiene in the  Rosaghar.   We direct the Temple Administration to

maintain hygiene in  Rosaghar  at all costs.   The hygiene of  Rosaghar  is

indispensable as  Bhog  for Deity is also prepared.   The place has to be

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clean and hygienic. All effective steps to ensure this shall be taken

including using proper means for cooking etc.

(xi) It was also pointed out by the learned Amicus Curiae  that certain

preliminary  preparations take  place in the open  area.   This state of

affairs is not proper.   In case preparation of food take place in an open

area, obviously it is bound to be contaminated.  The preparation of food

should be done in permanently covered area in an absolutely hygienic

condition.  The ASI  shall forthwith  clear the  plan  for  construction of

sheds/permanent structures which is absolutely necessary.

(xii) Reports have pointed out that  prasad,  which  is  sold  in  Ananda

Bazar, is also not sold in hygienic manner.  Let such places be improved

and made hygienic, prasadam should be kept in fly proof receptacles and

it should be sold at proper rates, to be fixed by the Temple Management.

The purity of the  prasadam  also shall be ensured by the Temple

Managing Committee.

(xiii) In the report, necessity has been indicated for I­Cards for servitors

and staff,  which is in the interest of the Temple Administration.   The

servitors and staff should be provided with I­Cards so that unscrupulous

persons are not able to present themselves as servitors or staff members

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and the people are not misled on the basis of wrong identity.

(xiv) In the report of Shri B.D. Sharma, Ex­Governor, Orissa, necessity

of a dairy  farm has also been pointed out.   It  would be  ideal for the

Temple to have the dairy farm.  Let the Temple Management Committee

consider the same in coordination with other stakeholders with respect

to opening dairy farm.

(xv) It appears from the Managing Committee response that lot needs to

be done with respect to having proper darshan by people at large.  As a

matter of fact, there should not be any commotion and chaos as large

number of pilgrims are visiting the Temple every day.  It is a pious duty

to provide proper darshan in systematic manner and to take care of the

aged, the infirm and children.   It is for the  experts to  suggest  what

system can be devised without disturbances to the rituals to be

performed in Temple and passage required for it and thereafter Temple

Management  Committee  and  Administration  have to  consider it.  We

direct the Temple Administration and the Chief Administrator including

the State Government to prepare a roadmap with the help of experts for

having  proper  darshan  by the  devotees/pilgrims  and to implement it

effectively and to ensure that there is no commotion so that everybody is

able to have darshan peacefully without any obstruction by anybody.

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(xvi) There are  certain  incidents  which have been pointed out  in the

report relating to the misbehavior with the women, snatching of

ornaments, etc.  There should not be any room for any such incident in

the  Sanctum­Santorum and  other  Temples situated  around.   If such

incidents are taking place, it has to be dealt with all seriousness with

firm hand and there should not be any room for such incidents.

Unlawful elements are responsible for doing such acts have to be

removed out of the premises at all costs.   We direct the Temple

Administration and also the Temple Police to ensure that let there be a

dedicated section of personnel to tighten security inside the temple and

only to ensure that no such incident takes place in the Temples and no

misbehavior is meted out to women.  Those found involved in such acts

cannot be said to be believer  in the  God  also.  When such an act  is

performed in the Temple, it is very disrespectful to  Shri Jagannath  and

the Sanskruti.  There is no place for such unlawful activities in Temples.

The temple authorities and the police are directed to take strict action to

avoid such incidents.

(xvii) With respect to valuables of the Temple, let the Temple

Management place before this Court, what kind of inventory it has

prepared? How it proposes to secure the valuables of the Temple and

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ornaments offered by the devotees?

(xviii) Learned Amicus Curiae has also pointed out that there is need for

an effluent treatment plant and waste management system which is one

of the requirements for keeping the area clean and hygienic for devotees.

The State Government can also spend money in this regard, as it is a

secular activity.   Let proper effluent treatment plant and waste

management system be set up with the help of experts by the Temple

Administration and the State Government as may be considered

appropriate.

(xix) Learned  Amicus Curiae  has also pointed out that there is a

necessity for separate toilets for male and female.  We direct that let the

toilets be provided with modern amenities and should be kept absolutely

clean.  The  number of toilets shall be  adequate  having regard to the

average footfall in the temple, which is large in number.

(xx) There is a necessity pointed out about the cloak rooms.  Let steps

be taken by the Temple Administration in this regard.

(xxi) As pointed out in the report, there is necessity for motorcycle

stand.  Let steps be taken to provide motorcycle stand within a period of

4 months, not only for servitors, but also for those who are visiting the

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Temple on their own vehicle and it is for the local Administration to work

out the proper place for such purpose.

(xxii) As there are various reports which have been submitted from time

to time containing various suggestions.  What steps have been taken

with respect to the suggestions pointed out in these reports, shall also be

considered by the Temple Management at the first instance and whatever

is  done by  the other  stakeholders like  State  Government  and others,

should also be considered by respective stakeholders.  In case they have

taken any action, be also report to this Court.

(xxiii)  Considering the overall situation and the facts, we direct the State

Government to depute full time Chief Administrator, not by way of

additional charge forthwith.

One of the positive developments is that of introduction of E­Portal.

Constant  endeavor  has to  be  made to improve  upon  the information

made available.   It appears from the reports that there are various

temples of importance and different systems of having darshan.  It is for

the Temple Committee to place such information on website.   We place

on record our appreciation that all the stakeholders are happy with the

development which is taking place at the instance of State Government

and they are cooperating with each other in restoration of glory of  Lord

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Shri Jagannath Temple.   We direct ASI also to cooperate and to permit

the activities of improvement which are not prima facie objectionable and

are necessary for public hygiene, sanitation and public health and

upgradation of the facilities and at the same time it has to ensure that

the form of the new structure is maintained in the same manner as the

ancient one.

Let the Temple Management Committee consider various other

positive aspects for improvement and invite all the stakeholders

including the State Government, whose cooperation is necessary in

permissible matters, to take care of finance in the various development

activities.  The Temple Management Committee has to take steps as it is

the sole repository of faith.  The progress report and the decisions taken

shall be submitted in this Court within eight weeks, in the form of an

action taken report.

List the matter on 8th January, 2020.

………………………………J. (Arun Mishra)

………………………………J.    (M.R. Shah)

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………………………………J. New Delhi;    (S. Ravindra Bhat) November 4, 2019