NARESH AMRITLAL SHAH Vs. KANTILAL CHUNILAL SHAH

JUDGEMENT

(1.) A handful few amongst the whole Jain Community tend to create a meaningless controversy threatening to divide the Jains on an equally absurd point in respect of the manner in which their Guru or Sadhu is to be worshipped. Whether nine points of the body of Guru (Navang) should be worshipped or he should be worshipped only on one point (Ekang)? Fortunately there is no dispute or controversy in respect of the manner in which the Idol or Murti of any tirthankar is to be worshipped. Generally, a Murti of god is worshipped and not a living human being, howsoever great he or she might be. Such living great souls in the form of human body are always shown reverence or respect or Ibadat and the Jains call it to be a Guruvandana. The Jain Gurus i. e. Sadhus or Monks, always have their sojourn in what is known as Upashraya where the Jains go to take their Darshan and offer Vandana and take their holy blessings in the form of what is known as Mangalik and Dharmalabh. The Jain Gurus have their own ranks or classification according to their learning and achievements in Tapasya or Penance as prescribed in the Jain Shastras. They are Acharya, Upadhyaya and Sadhu. They are three amongst five Panch Parmeshti. The first is the Tirthankar being the Arihant and the second Siddha. Both are not available as explained in the jain literature. The latter three Panch Parmeshtis are available to be worshipped. Though I have never heard any of them desiring or expecting to be worshipped physically, by and large they are shown respect by the Jain people (Shrawaks) by bowing down with both the folded hands and putting their forehead on the earth before their Gurus three times or as the case may be. In return, on receiving Vandana from the Shravak, the Gurus shower their blessings on them after the Shravak performs what is known as Jnan Puja i. e. a holy book kept near the Guru. After renouncing the Sansar the worldly life and becoming ascetic, a Sadhu has to have self control (Sanyam) and tolerance. He cannot elevate and equate himself with the God or Tirthankars to be worshipped exactly like them. That would be a vanity of first degree which a Jain Sadhu must shed away, first of all. Such a sense of self-vanity to get worshipped like an idol is anathema to Jainism. The Jain Acharyas/sadhus have never arrogated themselves to the level of the worshipping idols enshrined in the Jain Temples. Jainism knows humility of and sufferings by Lord Mahavira; it does not know any air of arrogance on the part of its Acharyas or Sadhus. In the present case some of the Jains have started a controversy in respect the manner in which the Guru Poojan is to be performed. I have no doubt in my mind that such a controversy is not traceable in the ancient Jain Shastras or scriptures. As far as I know the ancient Jain Community did not have any such practice like the Navangi Guru Poojan or ekangi Guru Poojan. It appears to be of very very recent origin i. e. the latter half of this century. Having no philosophical or scriptural or Shastriya base, it is possible that some learned Commentator amongst the Jain gurus might have himself introduced such a concept of navangi Gurupoojan and as a result thereof a very few amongst Jains have started following Navangi manner of Guru poojan (for want of accurate and exact synonymous in english. I have preferred to use the original Jain terminology, as far as possible, to convey the correct and appropriate sense in the matter) There is no such reference or mention in the Commentary on the Jain philosophy by the greatest disciple of the last Tirthankar, Lord Mahavir. His holiness Hari Bhadra Suriji Maharaj that any living Jain acharyas downwards to Sadhus should be worshipped at nine points of their body i. e. Navangi Guru Poojan. And nothing was shown to me in that respect by Shri Aney, the learned counsel for the plaintiffs. Nor is there any reference to the Navang; Guru Poojan or Be Tithi practices anywhere in the Great Jain Encyclopedia written by the Great Jain acharya Devardhi Kshma Kshman, known as the Abhidhan rajendra Kosh.

(2.) THE plaintiffs in the original Suit are the Jains by faith. They are also the members of the Matunga Jain swetambar Murti poojan Tapa Gaccha Sangh and Charities , a public trust registered under the Bombay Public Trusts Act, 1950. The defendants are the Trustees of the said Trust. The trust is being administered and managed in accordance with the Scheme formulated and settled by this High Court in Suit no. 2217 of 1948 by its Order dated 29-9-1948. I may mention here that along with the controversy in respect of the Guru poojan there is another controversy trying to take root in the Jain Community is in respect of what is called as Tithi on the basis of Jain Calendars.

(3.) IN its General Body Meeting held on 1-7-1998, the trust passed the following two Resolutions viz. :