BHABANI PR. MISHRA Vs. STATE

JUDGEMENT

(1.) This petition by way of PIL seeks direction to implement the decision of the Jagannath Temple Managing Committee constituted under the provisions of Shri Jagannath Temple Act, 1955 ('the Act') on the issue of climbing the chariots during Car Festival, 2014.

(2.) The case set out in the petition is that as per the traditions of Lord Jagannath Temple at Puri, Rath Yatra (Car Festival) is held every year when the presiding deities leave the 'Shrimandir' premises and journey to the 'Sri Gundicha' temple on the 'Bada Danda' in chariots or 'rathas' specially constructed for the purpose which are pulled by devotees using ropes. The ritual culminates with the return of the deities to Shrimandir known as 'Bahuda Yatra'. A question arose as to whether it was permissible for the devotees to climb atop the Rathas (chariots) when the deities are installed thereon for having a darshan of the deities or to touch the deities after the chariots reach Shri Gundicha Temple and before the deities are taken therein. The said issue was referred by the Managing Committee for opinion of HH Shankaracharya, Puri on the understanding that HH Shankaracharya, Puri was the final advisor on the issue of rituals of the deities as per the statutorily recognized record of rights. HH Shankaracharya, Puri, vide his opinion dated 6.11.2013 opined that "none other than the Sevaks (who perform rituals or seva-puja over the Chariots during Ratha Yatra), the Shankarcharya and the Gajapati Maharaja are authorized to climb on to the Chariots and the devotees should have darshan from the Badadanda without climbing on to the Chariots". The said opinion was accepted by the Managing Committee and a sub-committee was constituted to suggest the modalities for implementation of the opinion which required co-ordination with various stakeholders and law and order arrangements. It also required bringing about consensus with the sevayat community, some of whom had opposed the said opinion. The Managing Committee also referred the matter to the State Government to guide the Sri Jagannath Temple Administration (SJTA) for implementation of the above decision of Jagadguru Sri Shankaracharya. The petitioner represented to the State Government seeking implementation of the decision but since no response was received, this petition has been filed.

(3.) Having regard to the sensitive nature of the issue and taking into consideration the urgency of the situation, as the Car Festival is to commence from 29.06.2014, notice was issued for taking up the matter today itself and learned counsel for the Temple Administration was required to produce the documents about the Record-of-Rights.