VIKAS DHAWAN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) FOLLOWING reliefs have been claimed in the instant petition.

(2.) PETITIONER , claiming to be a manufacturer of Herbal products is aggrieved of use of unknown ingredients and Synthetic Chemicals in the name of Kumkum and Sindoor products in religious shrines and temples. The case set up by the petitioner is that Kumkum and Sindoor used for applying Tilak to devotees and sold as an essential part of Pooja Samagri present in Bhaint items offered to Mata Vaishno Devi Ji inside the Holy Shrine as well as other temples en -route the holy shrine of Mata Vaishno Devi Ji are different from the ones used in the Pindi -Poojan of Mata Vaishno Devi Ji. It is alleged that Kumkum and Sindoor products such as Ashtagandha Chandan, Kumkum Powder, Sindoor Powder, Roli, Liquid Sindoor, Tilak, Tika, Pottu, Tilakam etc. sold all over the country are made with the help of unknown ingredients, synthetic chemicals, Azo Dyes, Industrial Dyes, Toxic and poisonous ingredients like Lead Oxide/Crude Red Lead/Mercury Sulphite/Rhodamine B etc. which can cause skin Cancer, Anemia, Kidney Disorders, Growth Retardation, Learning Disabilities, Lack of Vision, Hereditary disorders etc. Petitioner claims to have conducted research to ascertain the ingredients used for manufacturing of Kumkum and Sindoor as per Vedic scriptures and found that herbal ingredients like Rakt -Chandan and Kesar were traditionally used as Kumkum/Sindoor in the Pindi -Poojan inside the holy shrine. However, the Kumkum and Sindoor sold en -route the shrine of Shri Mata Vaishno Devi Ji was manufactured from synthetic chemicals and industrial Dyes etc. causing serious health hazards. Petitioner claims to have undertaken a project of manufacturing herbal Kumkum/Sindoor from Rakt -Chandan (Lal Chandan) out of a strong desire to do something good for the society. However, he, did not obtain a patent on the novel product manufacture, lest he is misunderstood to denounce the spurious Kumkum/Sindoor for commercial gain. Respondent No. 2 is stated to have permitted the sale of Kumkum/Sindoor (Lal Chandan Tilak) made by the petitioner at its two Souvenir shops, but did not permit its sale in the Bhaint shops. However, consequently, respondent No. 2 stopped buying the Herbal Kumkum/Sindoor from petitioner in February 2009 on the basis of some complaints. Petitioner claims to have made number of representations against rejection of his bids. It is alleged that respondent No. 2 did so under the influence of vested interests. It is alleged that Pooja Samagri containing Kumkum/Sindoor was removed from the list of Bhaint items in NIT dated 27.02.2010 under the false pretext of security concerns, though Narel (coconut) was being accepted as Bhaint from devotees before Darshans at the entry point of Shrine premises.

(3.) THE stand taken in the objections is that petitioner had raised issues which are purely factual. Besides, petitioner is claiming enforcement of contract/promotion of his business through the medium of instant writ petition. It is pleaded that the writ petition is not maintainable on both these counts. It is further pleaded that no writ petition lies against Shri Mata Vaishno Devi Shrine Board and official respondents 1 and 3 are neither necessary nor proper parties. It is pleaded that for security arrangements the review committee had taken several decisions relating to pilgrimage. One of the decisions taken in the security meeting was with regard to carrying of Sindoor to holy Shrine. The security review meeting dated 04.03.2010 decided that carriage of Sindoor to cave shall be stopped forthwith for security reasons. It is pleaded that the petitioner was trying to promote and serve his business interest by seeking direction from this Court to allow the selling of Sindoor being manufactured by him. It is further pleaded that it is the only Herbal Sindoor Tilak which is being applied on forehead of the pilgrims inside the Cave Shrine and the Herbal Sindoor is being received on donation basis from the donors. However, sale of Herbal Sindoor at private shops in Shrine area is not banned.