DINA NATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under section 10 of the Contempt of Courts Act for initiating a proceeding for contempt as also for punishment of opposite party nos. 2 to 5 for disobedience of the decree dated 18.8.1930 passed by the Subordinate Judge - ll, Patna in Title Suit No. 64 of 1926.

(2.) SHORN of unnecessary details facts giving rise to the present application are that on an action brought by Digambar Jains i.e. Title Suit No. 64 of 1926, Subordinate Judge - ll, Patna granted decree dated 18.8.1930 in the following words: - "Issue No. II On the findings arrived at in connection with other issues the plaintiffs are entitled to a declaration that the Digambar Jain have a free and unrestricted right of worship according to their own mode in the Jalmandir and Samavasaran Mandil without any interference whatsoever by any Swetambar Jain. They are further entitled to an order for the removal of the Swetambari image from the Jalmandir and also to perpetual injunction to the effect that no adorned image should ever be permanently installed within the Jalmandir tem -pie. The plaintiffs are also entitled to a declaration that they have right of user of the roads on survey plots No. 1742 and 1733 and if the defendants fail to keep the road in state of proper repair the plaintiffs will be entitled to repair the roads. The plaintiffs are also entitled to have the entrance door of Jalmandir opened for the purpose of worship at such time as Digambar pilgrims may desire subject of course to the due management for the preservation and protection of the temple and the articles contained therein. It is not necessary in this suit to grant any declaration asked for in sub para 8a, 8b to paragraph 39 as no occasion for these declarations have arisen. It may however be noted here that it has been admitted in the written statement that should any occasion arise for the renovation of the charan of Mahavir Swami, renovation will be done by charans of the existing character. As to (8b) there is no permanent metal covering either on the charans or around it. They are all removable - articles and no evidence was adduced by either side as to give P. 67 any indication of any apprehension of permanent covering being placed upon or around the charan of Mahavir Swami within the Jalmandir." (Underlining mine)

(3.) ACCORDING to the petitioner after the decision by the Privy Council permanent installation of the idols were removed from the Jal Mandir and used to be brought in the Mandir at the time of worship as directed by the Privy Council. Petitioner have averred that till February, 1997 the judgment and decree of the trial court as modified by the Privy Council was followed by the Shwetambars and both the Shwetambars and the Digambars worshipped without any interference or obstruction in compliance of the decree of the court. Allegation of the petitioner is that thereafter the Shwetambars had changed the original shape of the Charan by applying lepan and carving flowers. In this regard Digambars and Shwetambars entered into correspondence and according to the petitioners the carving of flowers between the Charan was a breach of the decree of injunction passed by the court. According to the petitioners changes made in the Charan, changed its original shape and look and also carving of flower between the Charan and behind the said spot are in breach of the decree of injunction passed by the trial court. This according to the petitioners had put obstacle in the unrestricted right of worship of the Charan by Digambars.