# MRINALINI PADHI v. UNION OF INDIA & OTHERS

- **Citation:** [2019] 16 S.C.R. 811
- **Court:** Supreme Court of India
- **Decided:** 2019-11-04
- **Bench:** Arun Mishra, M. R. Shah, S. Ravindra Bhat
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mrinalini-padhi-v-union-of-india-others-33914
- **Pages:** 50

## Headnote

Constitution of India:
Art.32 - Petition under - Seeking direction for investigation/
inquiry into the disappearance of keys to the 'Ratna Bhandar' of
'Shri Jagannath Temple, Puri' - Also sought direction for
appointment of expert committee to prepare report for preservation
and management of property and valuables of the Temple - Prayer
also made to provide express darshan to the devotees visiting the
temple - Supreme Court by order dated 8.6.2018 directed District
Judge to submit a report before the Court - By order dated
5.7.2008 report of District Judge was accepted and more directions
were issued by the Court - Further Amicus Curie submitted his
reports pursuant to the orders passed by the Court from time to
time - During the pendency of the petition, State Government
decided to make land acquisitions so as to provide various facilities
to the pilgrims - Suggestions were also made by 'Jagadguru
Shankaracharya' - Held: There is total mal-administration and
chaos - No disciplinary control available - The Chief Administrator
is authorised for the time being, to take appropriate steps against
such servitors/incumbents who create obstruction in seva/puja/niti
and are involved in misbehaviour and misconduct against the
employees of the Temple Administration or with devotees - The
Temple Management Committee is directed to invite shrimad
Jagadguru Shankaracharya and other stakeholders and ensure
that nitis, puja and rituals are performed as prescribed, regularly,
punctually without any remiss and obstruction - There is necessity
for qualified servitors in traditional nitis and rituals - Economic
welfare of the survitors needs to be taken care of - A lot is required
to be done for providing proper darshan - Safety of pilgrims also
needs to be ensured - Temple Administration and Temple police
 [2019] 16 S.C.R. 811
811
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SUPREME COURT REPORTS
[2019] 16 S.C.R.
are directed to ensure that - Identity cards should be issued to the
survitors and the staff - There is also need for setting up of schools
for children, accommodation for pilgrims, effluent treatment plant
and waste management system, separate toilets for male and female,
cloak room, motorcycle stand - Temple Managing Committee and
Temple Administration are also directed to ensure hygiene in
Rosaghar where Bhog for Diety is prepared and hygienic sale of
prasad - Sub-letting of seva/puja also needs to be prohibited -
Inventory is directed to be prepared as regards the immovable
property of the Temple - Temple management is directed to place
before Supreme Court as to what kind of inventory it has prepared
with respect to valuables of the Temple - State Government is
directed to depute full time Chief Administrator - Archaeological
Survey of India is also directed to co-operate and to permit the
activities of improvement - Progress report and the decisions taken
need to be submitted in Supreme Court.
Sarika v. Administrator, Shri Mahakaleshwar Mandir
Committee, Ujjain, M.P. & ors., (2018) 6 SCALE 651
- referred to.
Case Law Reference
(2018) 6 SCALE 65
referred to
Para 1
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
649 of 2018.
[Under Article 32 of The Constitution of India]
With
M.A. No. 2053 and 2131 of 2019 in Writ Petition (Civil) No. 1094
of 2019.
Ranjit Kumar, Sr. Adv. (A.C.).
Tushar Mehta, SG., Ashok Parija, AG, R. Balasubramaniam,
Mohan Parasaran, P. C. Mishra, Ms. Priya Hingorani, S. K. Padhi, Sr.
Advs., Nalin Kohli, Shibashish Misra, Ms. Janmeja Katikia, Anshul
Gupta, Sachin Sharma, A. K. Sharma, Raj Bahadur, Gaurav Khanna,
S. Debabrata Reddy, Suvidutt M. S., Ms. Anu B., J. Sai Deepak,
Avinash Sharma, Arnav Behera, Ms. Shayree Chakravarty, B. K. Dash,
R. M. Patnaik, Himansu Yadav, Kush Chaturvedi, Prabhu Prasanna
Behara, Ms. Nirmalya Mohanty, Ms. Kalpataru Khuntia, Kaliyug
Harekrushna, Suvendu Suvashis Dash, Ashok Panigrahi, Anmol Tayal,
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S. Vinay Ratnakar, Nawab Singh, Surender Deswal, Brijinder Singh
Loomba, Jasmeet

## Text

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MRINALINI PADHI
v.
UNION OF INDIA & OTHERS
(Writ Petition (Civil) No.649 of 2018)
NOVEMBER 04, 2019
[ARUN MISHRA, M. R. SHAH AND
S. RAVINDRA BHAT, JJ.]
Constitution of India:
Art.32 - Petition under - Seeking direction for investigation/
inquiry into the disappearance of keys to the 'Ratna Bhandar' of
'Shri Jagannath Temple, Puri' - Also sought direction for
appointment of expert committee to prepare report for preservation
and management of property and valuables of the Temple - Prayer
also made to provide express darshan to the devotees visiting the
temple - Supreme Court by order dated 8.6.2018 directed District
Judge to submit a report before the Court - By order dated
5.7.2008 report of District Judge was accepted and more directions
were issued by the Court - Further Amicus Curie submitted his
reports pursuant to the orders passed by the Court from time to
time - During the pendency of the petition, State Government
decided to make land acquisitions so as to provide various facilities
to the pilgrims - Suggestions were also made by 'Jagadguru
Shankaracharya' - Held: There is total mal-administration and
chaos - No disciplinary control available - The Chief Administrator
is authorised for the time being, to take appropriate steps against
such servitors/incumbents who create obstruction in seva/puja/niti
and are involved in misbehaviour and misconduct against the
employees of the Temple Administration or with devotees - The
Temple Management Committee is directed to invite shrimad
Jagadguru Shankaracharya and other stakeholders and ensure
that nitis, puja and rituals are performed as prescribed, regularly,
punctually without any remiss and obstruction - There is necessity
for qualified servitors in traditional nitis and rituals - Economic
welfare of the survitors needs to be taken care of - A lot is required
to be done for providing proper darshan - Safety of pilgrims also
needs to be ensured - Temple Administration and Temple police
 [2019] 16 S.C.R. 811
811
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D
E
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812
SUPREME COURT REPORTS
[2019] 16 S.C.R.
are directed to ensure that - Identity cards should be issued to the
survitors and the staff - There is also need for setting up of schools
for children, accommodation for pilgrims, effluent treatment plant
and waste management system, separate toilets for male and female,
cloak room, motorcycle stand - Temple Managing Committee and
Temple Administration are also directed to ensure hygiene in
Rosaghar where Bhog for Diety is prepared and hygienic sale of
prasad - Sub-letting of seva/puja also needs to be prohibited -
Inventory is directed to be prepared as regards the immovable
property of the Temple - Temple management is directed to place
before Supreme Court as to what kind of inventory it has prepared
with respect to valuables of the Temple - State Government is
directed to depute full time Chief Administrator - Archaeological
Survey of India is also directed to co-operate and to permit the
activities of improvement - Progress report and the decisions taken
need to be submitted in Supreme Court.
Sarika v. Administrator, Shri Mahakaleshwar Mandir
Committee, Ujjain, M.P. & ors., (2018) 6 SCALE 651
- referred to.
Case Law Reference
(2018) 6 SCALE 65
referred to
Para 1
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
649 of 2018.
[Under Article 32 of The Constitution of India]
With
M.A. No. 2053 and 2131 of 2019 in Writ Petition (Civil) No. 1094
of 2019.
Ranjit Kumar, Sr. Adv. (A.C.).
Tushar Mehta, SG., Ashok Parija, AG, R. Balasubramaniam,
Mohan Parasaran, P. C. Mishra, Ms. Priya Hingorani, S. K. Padhi, Sr.
Advs., Nalin Kohli, Shibashish Misra, Ms. Janmeja Katikia, Anshul
Gupta, Sachin Sharma, A. K. Sharma, Raj Bahadur, Gaurav Khanna,
S. Debabrata Reddy, Suvidutt M. S., Ms. Anu B., J. Sai Deepak,
Avinash Sharma, Arnav Behera, Ms. Shayree Chakravarty, B. K. Dash,
R. M. Patnaik, Himansu Yadav, Kush Chaturvedi, Prabhu Prasanna
Behara, Ms. Nirmalya Mohanty, Ms. Kalpataru Khuntia, Kaliyug
Harekrushna, Suvendu Suvashis Dash, Ashok Panigrahi, Anmol Tayal,
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S. Vinay Ratnakar, Nawab Singh, Surender Deswal, Brijinder Singh
Loomba, Jasmeet Singh, Amritpal Singh Khalsa, A. K. Mehta, Ms.
Neena Singh, Sahil A. Garg, Manish Tanwar, Tushar Chhabra,
Swetaketu Mishra, Sanjay K. Das, V. K. Monga, Debasis Misra,
Vishaal S. Jogdand, Suhas Kadam, Sreyas Gacche, Paul Kanakraj,
Jagdev, Ms. Pareena Swarup, Ms. Nanita Sharma, Dr. Sanatan Ray
Choudhari, Ms. Alpana Sharma, R. Sharath, Manav, Rajnish Kumar,
Choudhary Samsuddin Khan, Ms. Meera Bhatia, Jay Prakash Somani,
R. S. Jena, Pramod Rath, Venkatesh, Partha Sil, Tavish B. Prasad, Amit
Das, Ravi Prakash Mehrotra, Ankit Agarwal, Amartya Singh, Ravi
Prakash Mehrotra, Ramendra Mohan Patnaik, Amrendra Kumar
Mehta, Radha Shyam Jena, Lakshmi Raman Singh, Advs. for the
appearing parties.
The Order of the Court was passed by
ARUN MISHRA, J.
1. The petition has been filed under Article 32 of the Constitution
of India to direct an investigation/enquiry into the disappearance of the
keys to the Ratna Bhandar of the Shri Jagannath Temple, Puri. It
has also been prayed that an inventory of the valuables stored at the
Ratna Bhandar of Shri Jagannath Temple, Puri be taken and to direct
appointment of an expert committee to submit a report to this Court
for preservation and management of property and valuables of Shri
Jagannath Temple. Prayer has also been made to provide express
darshan to all the devotees visiting Shri Jagannath Temple, Puri.
Reliance has been placed on the decision of this Court in Sarika v.
Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain,
M.P. & ors., 2018 (6) SCALE 651 (Civil Appeal No.4676 of 2018).
2. While entertaining the petition, this Court has passed an order
on 8.6.2018, directing District Judge, Puri a submit a report. Later on,
vide order dated 5.7.2018, in addition to order dated 8.6.2018, some
more directions were issued and were summed up as follows:
"19. We may sum-up our directions in today's orders, in addition
to the orders dated 8.6.2018, as follows:
MRINALINI PADHI v. UNION OF INDIA & OTHERS
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i) Report of the District Judge dated 26.6.2018 is accepted
in principle and action to be taken by the temple
administration.
ii) District Judge, Puri may send further report, if any by
31.8.2018, preferably by e-mail.
iii) The State Government may submit report of the
Committee constituted by it on or before 31.8.2018.
iv) The Central Government may constitute its Committee,
as already directed, within two weeks from today and
place its interim report on record of this Court on or
before 31.8.2018.
v) Copy of the Report of the District Judge may be placed
on the websites of the temple management, Ministry of
Culture and website of the Supreme Court for two
weeks.
vi) The directions in the order dated 8.6.2018 may be
complied with by all concerned and non-compliance
thereof may be reported to this Court for appropriate
action if necessary.
vii) The temple management may consider, subject to
regulatory measures, with regard to dress code, giving
of an appropriate declaration or compliance with other
directions, permitting every visitor irrespective of his
faith, to offer respects and to make offerings to the deity.
viii) We have noted that Hinduism does not eliminate any
other belief and is eternal faith and wisdom and
inspiration of centuries, as noted in earlier judgments of
this Court.
ix) Difficulties faced by the visitors, deficiencies in
management, maintenance of hygiene, appropriate
utilization of offerings and protections of assets with
regard to shrines, irrespective of religion is a matter for
consideration not only for the State Government, Central
Government but also for Courts. Every District Judge
throughout India may examine such matters himself or
through any court under his jurisdiction and send a report
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to the concerned High Court so that such report can be
treated as PIL on the judicial side and such direction
may be issued as may be considered necessary having
regard to individual fact situation.
x) Learned amicus is at liberty to engage with all
stakeholders and to give suggestions for bringing about
improvements and also to give a report to this Court.
However, this will not stand in the way of the Committee
of the State Government, Committee of the Central
Government or any District Judge considering matters
in terms of above directions."
3. This Court vide order dated 9.1.2019, has appointed Shri Ranjit
Kumar, learned Senior Counsel as Amicus Curiae and Ms. Priya
Hingorani, learned Senior Counsel was requested to assist him in the
matter. Learned Amicus Curiae has submitted interim reports pursuant
to the orders which have been passed by this Court from time to time.
During the pendency of the writ petition, the State Government has
decided to make certain land acquisitions so as to provide various
facilities to the pilgrims such as building of watch tower, an evacuation
plan, widening of roads, etc. A Cabinet of the State Government of
Orissa has taken a decision, which has been gazetted on 27.8.2019.
Thereafter, as the instructions had been issued by the State Government,
there was some unrest for the time being which has been settled. We
had requested the Amicus Curiae to make a site visit and submit a
report. They have submitted their report.
4. We have heard the learned Counsel for the parties and have
considered various reports. We are happy to place it on record that
the learned Counsel appearing at the Bar expressed satisfaction that
the action is being taken by the State Government as per the Resolution
dated 27.8.2019.
IN RE: REPORT OF DISTRICT JUDGE, PURI
5. The District Judge, Puri has submitted the report along with
various documents pursuant to order dated 8.6.2018. Following
Annexures have been filed:
 "Annexures
A-I Sketch Map of Shri Jagannath Temple, Puri.
MRINALINI PADHI v. UNION OF INDIA & OTHERS
[ARUN MISHRA, J.]
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A-II Sketch Map of different locations in Shri Jagannath
Temple, Puri.
A-III Sketch Map of Shri Jagannath Temple with indication
of five rows of queue of Darshan of the Jews in Shri
Jagannath Temple.
B. Proposed and Existing C.C.T.V. Cameras.
C. List of cases against Sevaks.
D. Statement of Sanctioned Post, present strength and
vacancy position in Shri Jagannath Temple, Puri as on
March 2018.
E. Fund Management of Shri Jagannath Temple, Puri.
F. Audit Report of the Accountant General, Odisha of the
accounts of Shri Jagannath Temple, Puri for period April
2009 to September, 2015.
G. Relevant Extracts of the Record-of-Rights prepared
under the Puri Shri Jagannath Temple (Administration)
Act, 1952 Part-I and Part-II.
H. List of Sevaks and Palia Awards.
J. Number of Hundi installed in Shri Jagannath Temple
premises, Puri.
K. Relevant extracts of report of Shri Jagannath Temple
Administration Improvement Committee.
L. Relevant extracts of report of the Commission of Inquiry
by Justice B.K. Patra, Former Judge, Orissa High Court.
M. Recommendations of the Hon'ble Shri Justice P.K.
Mohanty, Commission of Inquiry.
N. Recommendations in the interim report dated 20-04-2017
of the Commission of Inquiry into the affairs of the Shri
Jagannath Temple, Puri.
P. The Puri Shri Jagannath Temple (Administration) Act,
1952.
Q. Shri Jagannath Temple Act, 1954."
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6. The audit report of the Accountant General, Odisha has also
been filed as Annexure-F on following various aspects:
1. Fund Management;
2. Estate Management;
3. Project Management;
4. Financial Management;
5. Utilisation of Grants-in-Aid;
6. Unrealistic Budget;
7. Submission of Inflated Utilization Certificate (UC) in
excess of actual expenditure;
8. Contract Management;
9. Human Resource Management;
10. Miscellaneous observations as to jewellery and
ornament, non-maintenance of Asset register, nonmaintenance of subsidiary Registers, non-preparation of
Report on administration of the affairs of Shri
Jagannath Temple etc.; and
11. Limitation to Audit
7. Annexure-K is the report of the Committee headed by Shri
B.D. Sharma, Ex-Governor for the State of Orissa for improvement of
the temple in which certain recommendations have been made including
accommodation and other facilities to the pilgrims. It was recommended
that accommodation for 60,000 pilgrims should be provided by the
Temple Administration. To start with, accommodation for 10,000 pilgrims
should be provided as early as possible. With respect to the management
of the existing properties and augmentation of income of the Temple,
certain recommendations were made in Chapter III. Recommendations
have also been made with respect to Sevapuja, Nitis, appointment of
Sevaks and their conditions of service and subsidiary shrines. In Part
III, recommendations were made as to accommodation and other
facilities to the pilgrims and devotees. It was recommended that
accommodation for 60,000 pilgrims should be provided by the Temple
Administration and to start with, accommodation for 10,000 pilgrims,
MRINALINI PADHI v. UNION OF INDIA & OTHERS
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should be provided as early as possible. With respect to import of the
record of rights and daily nitis, recommendations were made in
Chapters XXIII and XXIV respectively. Main cause for delay in
performance of Nitis and the remedy therefor had been dealt with in
Chapter XXV. Certain irregularities in the preparation of Kotha Bhog
were dealt with in Chapter XXVI. In Chapter XXVII, it was
recommended that Temple should take possession of Rosaghar Ovens.
Certain nature of disputes, which hold back Nitis were mentioned in
Chapter XXVIII. Economic condition of servitors and their numbers
to be reduced were mentioned in Chapter XXIX. The aspect with
respect to reforms in the system of puja and performance of nitis,
was dealt with in Chapter XXXI of the report. With respect to the
constitution of Managing Committee, certain recommendations were
made in Chapter XXXII. Appointment of Administrator was dealt with
in Chapter XXXIII. Sarbasadharan Darsan and the queue system
were dealt with in Chapter XXXV. Paramanik Darsan and special
sevas were dealt with in Chapter XXXVII. Suggestions for augmenting
the income of the Temple was dealt with in Chapter XXXVIII. In the
report, reference was also made to transport, dairy farm, lease of other
rights and properties, land and buildings of Lord Jagannath situated
outside the district of Puri and outside the State of Orissa. Certain other
suggestions were made in Chapter XXXIX regarding training of Sevaks,
sanitation, publicity, etc. In Chapter XL, a summary of recommendations
was made, which is as under:
 "CHAPTER XL
SUMMARY OF RECOMMENDATIONS
257. The practice of the Charcha staff going to call the Sevaks
on their Pali day should be stopped. It should be sufficient if the
intimation to the concerned Palia Sevaks is given on the day
preceding (Chapter XXIV).
258. Suars should be prevented from offering any Baradi or Bikri
Bhog at the time of the four main Dhups. To ensure this, the
Merda Roso should be commissioned and utilised for preparation
of Kotha Bhog. A collapsible gate should be fixed at a convenient
place in the Bhog Bata and that should remain closed throughout,
and be opened just before the prescribed time for Bhog Mandap
Puja. (Chapter XXV).
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259. As many extra Bhog Mandaps as are absolutely necessary
should be arranged on payment of extra fee for the purpose
(Chapter XXV).
260. A temple Official should physically distribute Khei amongst
Palia Sevaks. The system of the Pasarathias taking the Khei of
the various Palia Sevaks directly from inside the Bhittar Pokharia
should be stopped. (Chapter XXVI).
261. By arrangement with the various Palia Sevaks, the Temple
Administration should purchase the Khei of the Sevaks and pay
them the price thereof in cash (Chapter XXVI).
262. The Temple Administration should resume possession of the
Chulis and lease them out every year by public auction to such
Sadhibandha Suars as would be willing to take them on annual
lease. (XXVII).
263. After proper discussion with the representative of the Suar
Nijog and taking into consideration the current prices of foodstuff
and other relevant factors, the Temple Administration should fix
the maximum selling prices of Abhada and other commodities
exposed for sale in the Ananda Bazar. There should be periodical
revision of such rates. (Chapter XXVII)
264. A responsible Officer of the Administration not below the
rank of Assistant Administrator should be present inside the
Gambhira at the time of Sahan Mela to exercise effective control
over Pindika collections and prevent exploitation of the pilgrims
either by the Sevaks or by Jatri Pandas or by Dhulia Gumastas
(Chapter XXVIII).
265. Disputes that arise between the Administration and Sevak
or Sevaks or between the Sevaks inter se should be disposed of
quickly by the Administration. The Managing Committee should
immediately constitute an Appeal Sub-Committee and that SubCommittee should ensure that appeals filed before the Managing
Committee against the orders of the Administrator are quickly
disposed of. (Chapter XXVIII).
266. A Sevak who fails to turn up to do his duty on any particular
day without sufficient reasons should be liable for removal. The
number of Sadhibandha Sevaks in each category should be
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reduced by removing those who do not actually do Seva.
(Chapter XXVIII).
267. If the above recommendations are implemented, it is likely
to result in the elimination of a number of recorded Savaks in
each category leaving in the field only those who actually do the
Seva. Consequently, the turn of worship of the remaining Sevaks
would be more frequent and the remuneration that they would
get per month would be more than what it is at present. If in
spite of this, it is found that the Nitis are not performed punctually
and regularly, the hereditary rights of the Sevaks should be
abolished by Legislation and thereafter the required number of
Sevaks should be appointed afresh on the basis of monthly salary
(Chapter XXIX).
268. A reserve body of Sevaks should be maintained on salary
basis consisting of three Srotriya brahmins well-versed in Puja
Padhhati who can act both as Puja Pandas and Pasupalaks; two
Supakars to prepare Kotha Bhog; a pratihari or a Brahmin who
can be entrusted with the security type of work; a Mekap or a
Khuntia type of Sevak or in the alternative a Brahmin; a Bodo
Sevak or in the alternative a Brahmin; and two non-Brahmin
Sevaks. The expenditure incurred on the reserve Sevaks would
not be a waste, because so long as their services are not required
in time of emergency, they can be utilized for other purpose as
indicated in the report. (Chapter XXX)
269. There is no necessity either to curtail the Nitis or to interfere
with the system of Puja prevalent at present. (Chapter XXXI)
270. At present neither the Administrator nor the Assistant
Administrators and in fact no other official excepting a few
sevaks are entitled to go into the Roso. There appears to be no
reason why the Administrator and the Assistant Administrators,
provided they are Brahmins, should not have the privilege to go
into the Roso to check malpractices if any prevalent there. This
should be enforced if necessary after consultation with the
Sankaracharya of Gobardhan Pitha and Mukti Mandap Pandit
Sabha. (Chapter XXXI).
271. Similarly there appears to be no religious prohibition against
having three permanent chariots for the Ratha Jatra. There are
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great many advantages in having such permanent Chariots. This
should be done after necessary consultation with Jagatguru
Sankaracharya and the members of the Mukti Mandap Pandit
Sabha after taking due note of public opinion in the matter.
(Chapter XXXI).
272. The Managing Committee should consist of 10 members,
namely -
1. The Raja of Puri, who should be the Chairman.
2. The Collector of Puri, who should be the Vice-Chairman.
3. Administrator.
4. Commissioner of Endowment.
5. Jagatguru Sankaracharya of Gobardhan Pitha or if he
is not available any other Sanyasi of Sampradaya.
6. Patajosi Mahapatra or in his absence the person
functioning as such.
7. Three persons of learning devoted.
8. to the cult of Lord Jagannath.
9. nominated by the State Government.
10. A nominee of the Advisory Body consisting of persons
who donate Rs.5 lakhs or more for the Foundation Fund
of the Temple.
The tenure of appointment of non-official Members should be
three years. Power should be given to the Managing Committee
to co-opt for any particular meeting, any Sevak or Sevaks whose
presence is considered necessary or desirable by the Committee.
(Chapter XXXII).
273. The present provision regarding selection of Administrator
requires no modification. What however is important is proper
selection of the Officer. Not only should he be administratively
strong but he should also have a religious bent of mind, and one
who can involve himself completely in the administration of the
Temple affairs. The minimum period of deputation of an Officer
to work as Administrator should be five years. (Chapter XXXIII).
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274. Similar procedure should be adopted in the appointment of
Assistant Administrators. There should be three Assistant
Administrators one - to remain in charge of revenue
administration, the office and establishment; the second to remain
exclusively in charge of the Nitis and the third in charge of the
developmental works and discipline inside the Temple. The period
of appointment of Assistant Administrators should also be five
years (Chapter XXXIII).
275. As the Administrator is proposed to be drawn from the
Orissa Administrative Service, Class (1) controlled by the Political
& Services Department and the Assistant Administrators are
proposed to be drawn from the Orissa Administrative Service
controlled by the Revenue Department, a convention should grow
that in matters of posting and withdrawal of these Officers, the
concerned Department would do so in consultation with the Law
Department, which is in administrative charge of the affairs of
the Sree Jagannath Temple. (Chapter XXXIII).
276. Disciplinary power vested in the Administrator under the
Act are quite adequate. But in spite of there being innumerable
occasions to warrant the exercise of such powers, no
Administrator so far has done so because of the fear that such
action may precipitate a strike in which case the public as also
the Government, without trying to enter into details, would
immediately hold the Administrator responsible for precipitating
such crisis. The general attitude of all Administrators is to
somehow or other manage affairs peacefully during their limited
tenure of office. To enable the Administrator to become effective
in the Administration of the Temple affairs, he should not only
be given a free hand for such management but he should also
be assured by Government that so long as he acts on correct
lines, his action would be supported irrespective of any unpleasant
consequences, that may ensue. (Chapter XXXIV)
277. Section 21-A of the Puri Sree Jagannath Temple Act should
be amended to provide for suspension of a Sevak pending
initiation and disposal of proceedings against him. (Chapter
XXXIV)
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278. Order passed by the Administrator under clauses (h) and
(i) of Sub-Section 2 of Section 21 should be brought within the
purview of Sub-Section 1 of section 24. (Chapter XXXIV).
279. The queue system should be introduced to regulate the entry
of pilgrims inside the Temple for Darshan of the deities. Sahan
Mela which at present means the pilgrims going into the Bhittar
Pokharia to have Darshan of the deities, should continue. But
the time allowed for such Sahan Mela should be restricted to
one hour in the morning and half an hour during night. At all other
times, excluding however such occasions when entry of the
pilgrims to Natyamandir (the area between Chandan argali and
Jaya Bijoya Dwar) is prohibited, pilgrims should be allowed to
go in queue up to Chandan argali to have Darsan of the deities
free of charge. If at times other than Sahan Mela a pilgrim wants
to enter into the Bhittar Pokharia for Darsan of the deities he
should avail himself of the provision for Paramanik Darsan which
is at present in vogue. The existing fee for Paramanik Darsan
should be slightly increased. (Chapter XXXV)
280. The practice of placing three Jharis in front of the three
deities for Pindika collection should be discontinued. Instead of
that a strong sealed box with a slit on the top of it should be
placed just below the Ratna Sighasan, at the time pilgrims are
allowed into the Bhittar Pokharia either at the time of Sahan Mela
or at the time of Paramanik Darsan. Such of the Jatris who are
inclined to make any offering to the deities may put their offerings
in such boxes. A similar box should also be placed near the
Chandan argali to enable the Jatris who have Darsan of the
deities from that point to place their offerings. Excepting the Palia
Pasupalaks who sit on the Ratna Singhasan at the time of Sahan
Mela, there should be no other Palia Sevak on duty inside the
Bhittar Pokharia at the time of Sahan Mela. It shall be the duty
of the Palia Pasupalak on duty who sit on the Ratna Singhasan
to distribute Tulasi to the pilgrims. They shall not, on pain of
disciplinary action, solicit for any offering from the pilgrims.
Similarly, at the time of Darsan by the pilgrims from near the
Chandanargali a Sevak should be posted there only to distribute
Tulasi to the pilgrims and he should be prohibited from soliciting
any offerings from pilgrims. (Chapter XXXV)
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281. The adoption of the queue system would not prevent the
pilgrims from gathering in the Jaganmohan and to have Darsan
of the deities from that place as they are doing at present. It is
not necessary to regulate them on ordinary days. But regulation
even of such pilgrims would become necessary on festive
occasions when there is expected to be rush of pilgrims. (Chapter
XXXV)
282. The existing system of collection of Attika money by Jatri
Pandas may be allowed to continue only on the specific condition
that out of the Attika amount they should pay 25% to the funds
of the Temple. Simultaneously Legislation should be undertaken
to give power to the Temple Administration to exercise sufficient
control over the Jatri business. No person shall be allowed to
continue doing business of Jatri Panda without obtaining a licence
from the Administrator and no such licence should be given to
anyone who does not actually perform Seva in the Temple.
Conditions should be embodied in the licence indicating the
amount that a Jatri Panda is entitled to take from a pilgrim for
services rendered, and the accounts he is to maintain, etc. No
Jatri Panda can engage as his Gumasta a person who himself
has not obtained a licence from the Administrator. If Jatri Pandas
do not agree to contribute 25% of the Attika money to the Temple
fund, collection of Attika by Jatri Pandas should be banned by
Legislature, and due publicity should be given that if the Jatris
wish to make any offerings to the Deities for any purpose
whatsoever, the offerings should be put only in the Hundis placed
in the Temple and that no offerings made elsewhere will be
utilized for the purposes of the Deities. (Chapter XXXVI)
283. There should be complete ban on the activities of Dhulia
Gumastas. The Temple should set up an organization of pilgrim
guides and in enlisting such guides preference should be given
to Dhulia Gumastas who, having regard to their character and
antecedents, are found fit for the job. Preference should also be
given to the Sevaks who by reason of any reforms brought about
by Legislation or otherwise would be displaced from their Seva.
Each pilgrim guide should obtain a license from the Administrator.
(Chapter XXXVI).
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284. Provisions contained in Clauses 18B, 18C, 18D and clauses
18F to 18H in the Sree Jagannath Temple (Amendment) Bill,
1976 are commended for acceptance. (Chapter XXXVI).
285. Even if the present system of Attika is allowed to continue
under conditions and restrictions mentioned above, still a Hundi
should be placed in a prominent place in the Jagamohan inside a
screened enclosure where Jatris may put their offerings. Similarly,
in some of the important subsidiary shrines inside the Temple
sealed boxes may be placed where pilgrims may put their
offerings. (Chapter XXXVI).
286. Existing facilities for Paramanik Darsan should continue, but
the fees may be raised slightly. Besides Paramanik Darsan,
provision should be made for Ekanta Seva by pilgrims. (Chapter
XXXVII).
287. The Temple Administration should undertake construction
of a Dharmasala of its own. If possible, at a place as near the
Temple as possible. If there is any difficulty to secure such a
vacant site it should put up a Dharamsala in Talabania near the
Railway Station. It should initiate the 'own your cottage' scheme
and put up cottages either in Talabania or in Ballapanda.
Simultaneously it should enter into negotiations with the owners
of Dharamsala to secure management of the Dharamsalas
situated in the Town of Puri. If that is not feasible the Temple
Administration should at least enter into some arrangements with
the owners of Dharamsala to ensure that the pilgrims conducted
to the Dharamsalas in the Temple buses are accommodated
there. (Chapter XXXVIII).
288. The Temple should keep some of its buses at the Railway
Station and bus stand to conduct the pilgrims from there to the
Dharamsalas. (Chapter XXXVIII)
289. A Foundation Fund of an amount of Rs.10 crores should be
constituted. The Governor may be requested, if he has no
objection, to issue an appeal on behalf of the people of Orissa
inviting donations to the fund. The Fund should be administered
by a Board of Trustees consisting of those donors who pay Rs.5
lakhs or more to the Foundation Fund. The fund when collected
should be invested in long term deposits. Only the interest
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accruing from such deposits should be spent for the purpose of
the Temple. The Board of Trustees should meet once a year at
Puri to review the financial position of the Temple and inter alia
to consider proposals to augment the income thereof. The Board
of Trustees should elect a person to be the Member of the
Managing Committee. (Chapter XXXVIII).
290. The Temple should publish an almanac of its own. It is only
this almanac which should receive the approval of the Raja of
Puri and of the Mukti Mandap. Such Almanac is likely to be very
popular and the sale thereof may yield a sizeable profit to the
Temple. (Chapter XXXVIII)
291. The Temple should obtain monopoly for the manufacture
and sale of photo pictures of the Deities in several Besas. This
is likely to yield a substantial recurring income to the Temple.
(Chapter XXXVIII).
292. The Mahalaxmi Bhandar should be run departmentally
instead of being leased out as is being done at present. If worked
departmentally it is likely to yield annually a net profit of Rs.2
lakhs as against Rs.70,000 which the Management is at present
getting by leasing it out. (Chapter XXXVIII).
293. The Management should introduce a scheme whereby
pilgrims may at their cost conduct some of the festivals of the
deities for which expenditure is at present being incurred from
the Temple Funds. Apart from satisfying the devotional urge of
the pilgrims, this system is likely to yield a good deal of income
to the Temple. (Chapter XXXVIII).
294. By means of due publicity the pilgrims may be encouraged
to offer special Bhogs to the Deity. As a portion of such Bhog
would be distributed amongst certain categories of Palia Sevaks,
their earnings would increase thereby. Sale of the Temple's share
of such Bhog would also yield an income to the Temple. (Chapter
XXXVIII).
295. As the Transport Service of the Temple is yielding a net
profit of about Rs.2 lakhs per year at present, its scope should
be widened as far as it is practicable. (Chapter XXXVIIII).
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296. A dairy farm should be started. If properly run there is every
likelihood of philanthropic people donating cows to the dairy farm.
(Chapter XXXVIII)
297. Niladribihar should be worked departmentally, and Dolabedi
Kunja should be revived. (Chapter XXXVIII)
298. Besides taking possession of and leasing out Chulis in the
Temple Roso, the Administration should also take possession of
all the Saraghars inside the Temple premises and utilise them
properly. If possible some of the Sargharas situated in the Bahar
Bedha can be leased out. (Chapter XXXVIII).
299. As far as it is practicable, lands of Lord Jagannath and Jagir
lands held by Sevaks under Lord Jagannath should be kept out
of the purview of land Legislations. This principle should also
apply to all Debottar lands. If it is not possible to exempt the
Estates of Lord Jagannath from the purview of the Estates
Abolition Act, the annuity that is going to be fixed, should be on
as liberal a scale as possible, making a further provision for
periodic upward revision of the annuity amount with the rise in
prices. (Chapter XXXVIII).
300. Sincere and urgent efforts should be made by the Temple
Administration to obtain a full list of all properties of Lord
Jagannath situated inside and outside the State. Excepting
properties situated in the district of Puri, which the Temple can
directly manage, efforts should be made to dispose of the
properties situated outside Puri and the sale proceeds should be
invested in long term deposits. The effort to obtain information
regarding properties situated outside the State of Orissa should
be made at the level of Government. (Chapter XXXVIII).
301. Transfer of Seva rights should be prohibited by Legislation.
(Chapter XXXIX)
302. An institution to train Puja Pandas and such other Sevaks
for whom training is necessary should be established inside the
Temple. (Chapter XXXIX).
303. A concerted drive to keep the Temple premises absolutely
clean should be undertaken by the Temple Administration.
(Chapter XXXIX).
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304. It must be ensured that food-stuff sold in Ananda Bazar
are kept in fly-proof receptacles. Food-stuff must be sold at places
earmarked for the purpose. Ananda Bazar should be cleaned
twice a day. (Chapter XXXIX).
305. Asking for alms within the Temple precincts should be strictly
prohibited. (Chapter XXXIX).
306. A religious atmosphere should be created inside the Temple
premises by periodically holding religious discourses and by
arranging for Vedaparayana and reading of Puranas, inside the
Temple precincts. (Chapter XXXIX).
307. Practically no publicity arrangements exists in the Temple
at present. The Publicity arrangements should be considerably
improved for the convenience of the pilgrims. (Chapter XXXIX).
308. Soliciting Dakhina in any form by any person, be he a Sevak
or otherwise, inside the Temple premises should be prohibited.
(Chapter XXXIX).
309. Mahaprasad Seva Sadan which had been started some time
back and which has fallen into disuse now should be revived.
(Chapter XXXIX).
310. A Code of Conduct for observance by all Sevaks inside the
Temple should be framed and their observance should be strictly
enforced. (Chapter XXXIX)."
The CCTV Cameras having night vision was also recommended.
IN RE: REPORT OF LEARNED AMICUS CURIAE
8. Shri Ranjit Kumar, learned Amicus Curiae has made inspection
of the premises on 22-23.2.2019. He has made reference to the Puri
Shri Jagannath Temple (Administration) Act, 1952 (for short, 'the 1952
Act') and Shri Jagannath Temple Act, 1954 (for short, 'the 1954 Act').
He has drawn our attention to the definition of Sevaks as defined under
Section 4(d-1) of the 1954 Act, thus:
"4(d-1) "Sevak" means any person who is recorded as such in
the Record of Rights or is recognized by a competent authority
as a Sevak or his substitute or has acquired the rights of a Sevak
by means of any recognized mode of transfer and includes a
person appointed to perform any niti or Seva under clause (i) of
sub-section (2) of Section 21."
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9. Learned Amicus Curiae has pointed out in his report that 1954
Act has been made to reorganize the scheme of the management of
the affairs of the Temple and to provide better administration and
governance having regard to the ancient customs and unique and
traditional nitis and ritual contained in the Record of Rights prepared
under the 1952 Act. The Managing Committee has been constituted
under the Act, inter alia, to ensure proper performance of Seva, Puja
and periodicals Niti of temple, arrange for proper collections of
offerings, audit of accounts and installation of Hundi.
10. Learned Amicus Curiae has pointed out following aspects
in his report of inspection:
(a) There is scope of improvement on various aspects with
respect to visits of devotees inside the Temple complex.
Suggestion has been made to have darshan in a
systematic line, which facility is available in Tirupati,
Golden Temple and Mata Vaishno Devi or such other
similar places. Learned Amicus Curiae was informed
that the entire complex is about 10 acres and a very
large number of smaller temples were there,
approximately 97.
(b) With respect of hygiene more specifically in Rosaghar,
where all the cooking for the Mahaprasad is done, it
was found that there was a lot of activities being done
on small chabutra open to the air and without proper
manner of disposal of waste. Wood fired chullas are used
in the main kitchen. Out of 240 chullas, 8 are specifically
used for preparation of Kotha Bhog of the Lord
Jagannath and the rest are under the possession of
other licensees who pay nominal rent to Temple
administration and are cooking the Mahaprasad. The
hygiene in the main kitchen is not known. There is no
disposal mechanism for waste nor an effluent treatment
plant.
(c) With respect to hygiene requirement to Anand Bazar
where the sale of Mahaprasad takes place, the steps
require large scale improvement in terms of hygiene, but
Archaeological Survey of India (ASI) seems to be
having some issue, if improvement is made.
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(d) Donation boxes should be placed at strategic point both
within, outside and at all other smaller Temples within
the complex.
11. Learned Amicus Curiae was informed that 119 types of Seva/
Nitis/Rituals are performed by the Sevaks who are hereditary and the
daily requirement is about 85 to 90 Sevas from 45 categories of Sevaks
and the requirement increases in festivals and occasions. The Managing
Committee meeting was held to consider the 12 recommendations made
by the District Judge. Learned Amicus Curiae has reported regarding
12 suggestions thus:
"(i) Abolition of Hereditary Sevaks / Appointment of
Sevaks: Firstly, in terms of the 1952 Act the hereditary
right granted to the Sevaks is recognized and is statutory
in nature.