STATE OF RAJASTHAN Vs. RANI SATIJI MANDIR

JUDGEMENT

(1.) The order made by a division bench of the calcutta High court on 18th of August, 1988 in a writ petition, is challenged before this court in this application for Special Leave. By our order dated, 30th of August, 1988, we have transferred that writ petition to this court for disposal along with connected matters, and the record of the writ petition has already been received in this court and has been made available by the Registry to us today. Now that the original proceeding is before us and the application for special leave against an interlocutory order is ordinarily not entertained, we do not propose to entertain the special leave petition. We shall treat the leave application as one for modification of the order of the High court dated 18/08/1988.

(2.) We have heard learned counsel. Dr. Chitale, in support of the application for modification of the order and Mr. A. K. Sen and Dr. L. M. Singhvi in support of the stand taken by the other side.

(3.) The petitioners have maintained that the shree Rani Satiji Mandir at Jhunjhunu in the state of Rajasthan snot an institution to which the Commission of Sati (Prevention) Act, 3 of 1988 has application; offering puja within the temple does not constitute glorification of Sati as defined in the Act, and, therefore, the District magistrate whose order of 1/08/1988, is impugned in the writ proceedings was not entitled to exercise powers under the Act to prohibit religious rites within the temple. Dr. Chitale docs not accept this position and contends that the puja offered within the temple amounts to glorification of Sati and is an offence.