SUBRAT DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, styling as devotees of Lord Jagannath Mahaprabhu, have filed this Public Interest Litigation, raising the issueas to who are authorized to climb atop the Raths (Chariots) and touch the deities during Car Festival.

(2.) Shorn of unnecessary details, the case of the petitioners is that they are Hindus by religion and devotees of Lord Jagannath Mahaprabhu. A few unfortunate incidents occurred during the Car Festivals of the previous years relating to desirability of devotees to climb aboard the chariots and touch the deities. The matter was referred by the Temple Managing Committee to HH Shankaracharya, Puri for his opinion. On 6.11.2013, HH Shankaracharya submitted his opinion to the Temple Administration that nobody other than the sevaks, who perform rituals or seva puja of the deities over the chariots during Ratha Yatra, the HH Shankaracharya and the Gajapati Maharaja are authorized to climb on to the chariots and the devotees should have darshan from the Badadanda without climbing on the chariots. The Temple Committee accepted the opinion of HH Shankaracharya and wrote to the Government on 11.11.2013 for implementation of the recommendation of HH Shankaracharya. Thereafter, the State Government convened a high level meeting on 11.6.2014 in which decision was taken that no one except the sevaks and others connected with seva puja would be allowed to climb atop the holy chariots on the days of Ratha Yatra, Bahuda and Suna Besha, but on the other days, the existing practice would continue. Thereafter, a Writ Petition, being W.P.(C) (PIL) No.10457 of 2014, was filed before this Court seeking implementation of the decision of the Temple Committee on the recommendation of HH Shankaracharya. The said writ petition was disposed of on 20.6.2014. It is further stated that the decision of the Managing Committee is final in respect of the matter as to who is authorized to board the chariots or touch the deities during the Car Festival, but then the question that remains are; whether HH Shankaracharya is the sole and absolute authority to determine a matter concerning the multitude of devotees, whether record of rights prescribe HH Shankaracharya to opine about a matter which is not a ritual of the Lord or the Temple but is a tradition or practice of darshan by the devotees, whether HH Shankaracharya, Puri can without consultation with other Shankaracharyas determine a matter concerning Hindus all over the country, whether the Managing Committee has taken all aspects including the opinion of devotees into consideration before accepting the opinion of HH Shankaracharya regarding the persons, who are authorized to climb atop the chariots and touch the deities and regarding the arrangements of the temple administration to facilitate darshan of the deities by the devotees. HH Shankarascharya has based his opinion as per the prescriptions in the record of rights of the temple since record of rights are the compendium of the rituals to be performed, the modalities, duties and responsibilities of persons concerned with the temple and the Lord etc. As per the record of rights, Gajapati Maharaja is to perform Chhhera Panhara on the chariots and authorize to board the chariots for the said purpose. So far as HH Shankaracharya is concerned, the record of rights do not prescribe any ritual to be performed by him on the chariots during the Car Festival. Despite not being a person authorized to board the chariots during the Car Festival, HH Shankaracharya has included himself along with sevaks and the Gajapati Maharaja furnished his opinion and the same was accepted by the Managing Committee.

(3.) With this factual scenario, the petitioners have prayed, inter alia, for a direction to the opposite parties not to allow any person not authorized in the record of rights to board the chariots during the Car Festival, for a direction to the opposite party no.3 not to board the chariots since he is not authorized to do so as per his duties prescribed in the record of rights. Ancillary prayer has also been made for a direction to the State Government and the Temple Administration to make suitable alternative arrangements for darshan of the deities when they are on the chariots by the devotees.