Shri Jagannath Temple = Writ to direct an investigation/enquiry into the disappearance of the keys to the Ratna Bhandar of the Shri Jagannath Temple, Puri and for 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 and also to provide express darshan to all the devotees visiting 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.
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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
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 SubCommittee 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
17
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
18
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
19
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
20
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
21
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
22
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
23
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
24
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
25
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
26
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 SuryaVishnuShivShaktiGanapati 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
27
alldeity either at Aditya (sun) according to ‘एककै व वव महवनवत्मव ददेवतव स
सरर स 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 creationpreservationdestructionpunishmentreward 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.
28
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, PancharatraIshwar Samhita and Vimarsha which mention consecration,
worship and different festivals related to Shri Jagannath;
based upon these a book named ‘ShrimandirSeva—SamarchaPrakalpaPaddhati’ ‘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.
29
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 reestablished 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
30
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.
31
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 क्लदेशससंरक्तवर य ससंक्षदेपवस्तयसखववहव य :| (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
32
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
33
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
37
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 BhitarChhu 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
38
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 EServices 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
40
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 sevaks 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 SubCommittee 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/
41
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 Rosaghara (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 Anandabazar. 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.
44
(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)
46
(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:
47
(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 maladministration 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,
48
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
49
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
50
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
51
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
52
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
53
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.
54
(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
55
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
56
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
57
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)
………………………………J.
New Delhi; (S. Ravindra Bhat)
November 4, 2019
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.
1
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
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.
2
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
3
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.
4
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
5
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
6
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
7
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
8
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 SubCommittee and that SubCommittee should ensure that
appeals filed before the Managing Committee against the
9
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
10
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
11
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
12
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
13
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).
14
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).
15
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).
16
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
17
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
18
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
19
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
20
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
21
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
22
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
23
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
24
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
25
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
26
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 SuryaVishnuShivShaktiGanapati 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
27
alldeity either at Aditya (sun) according to ‘एककै व वव महवनवत्मव ददेवतव स
सरर स 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 creationpreservationdestructionpunishmentreward 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.
28
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, PancharatraIshwar Samhita and Vimarsha which mention consecration,
worship and different festivals related to Shri Jagannath;
based upon these a book named ‘ShrimandirSeva—SamarchaPrakalpaPaddhati’ ‘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.
29
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 reestablished 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
30
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.
31
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 क्लदेशससंरक्तवर य ससंक्षदेपवस्तयसखववहव य :| (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
32
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
33
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
37
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 BhitarChhu 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
38
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 EServices 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
40
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 sevaks 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 SubCommittee 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/
41
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 Rosaghara (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 Anandabazar. 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.
44
(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)
46
(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:
47
(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 maladministration 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,
48
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
49
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)
………………………………J.
New Delhi; (S. Ravindra Bhat)
November 4, 2019
