# SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS

- **Citation:** [2018] 4 S.C.R. 634
- **Court:** Supreme Court of India
- **Decided:** 2018-05-02
- **Case number:** Civil Appeal No. 4676 of 2018
- **Bench:** Arun Mishra, Uday Umesh Lalit
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/sarika-v-administrator-shri-mahakaleshwar-mandir-committee-ujjain-m-p-ors-32967
- **Pages:** 117

## Headnote

Religious monuments: 'Lingam' at ancient Mahakaleshwar
Jyotirlinga temple in the Ujjain - Erosion of lingam caused by
water and other impure puja materials like sugar, ghee, milk and
curd etc. - Protection and preservation of lingam - Writ petition
and application seeking directions for preservation of lingam
and appointment of Expert Committee - Constitution of Expert
Committee of ASI/GSI by this Court to submit a report on
deterioration of Lingam and its conservation - Submission of
suggestions, recommendations and remedial measures by Expert
Committee - Pursuant thereto, temple committee passed few
resolution to protect and preserve the Lingam - Report of the
Expert Committee and the resolutions - Thereafter, notice
displayed on the notice board by the managing committee of the
temple indicating that this Court had directed the manner in
which the religious ceremonies have to be performed in the temple
- Held: Misrepresentation was being made with respect to the
order passed by this Court - There is no interference on merits or
with the religious rituals to be performed in the temple during Pooja
- All the necessary rituals may be performed however to ensure
that the Lingam does not deteriorate any further - Puja to be
performed in such a manner befitting to the deity - Remedial
measures should be taken as suggested in the report - Conservation
be carried out with the help of conservator and experts of ancient
architecture - Resolutions made by temple committee to be
implemented - Temple Committee to decide the rituals, material used
as also prepare/manufacture the offering material in the purest form
- ASI/GSI teams to submit report and improvements made -
Constitution of India - Art. 25, 26 rw Art. 49, 51A.
[2018] 4 S.C.R. 634
 634
A
B
C
D
E
F
G
H
635
Constitution of India: Art. 25, 26 read with Art. 49, Art. 51A
- 'Lingam' at ancient Mahakaleshwar Jyotirlinga temple in the
Ujjain - Erosion of lingam caused by water and other impure
puja materials - Protection and preservation of lingam - Held:
Mahakaleshwar Jyotirlinga has so much importance for spiritual
and other gains - There is a constitutional and fundamental duty
to protect it, to promote harmony and spirit of brotherhood and
to value and preserve the rich heritage of our composite culture
- There is a constitutional obligation to preserve the religious
practices of all religions, culture and there is also a corresponding
duty to act in that direction - State duty bound to spend the amount
so that not only the archaeological, historical and ancient
monuments are preserved but sanctum sanctorum, as well as deity
is preserved.
Disposing of the appeal, the Court
HELD: 1.1 Misrepresentation was being made with respect
to the order passed by this Court and unrest was tried to be
created on the ground that this Court is interfering with the
religious rituals to be performed in the temple during Pooja. Thus,
it is clarified that this Court has not interfered with the same.
Said direction holds good for this order also and to be scrupulously
observed by all concerned. The only objective of entertaining
the writ petition was just to ensure that all the rituals which may
be necessary be performed however to ensure that the Lingam
does not deteriorate any further. [Para 30] [744-D-E]
1.2 There is a decay of the Lingam and certain damage has
been noted by the Expert Committee. Negative factors have also
been pointed out in extensive details. Activities regarding the
daily cleaning of temple premises, gaushala, Vedic samsthan,
mandir, rasoi of the temple etc. have been pointed out. The study
has been done by Spectroradiometer, portable XRF studies, water
analysis, ash analysis, the extent of weathering etc. Various
suggestions and recommendations had been made including the
remedial measures. It has been noticed in the report of the experts
of the ASI and GSI that deterioration of Lingam has taken place
during the last 40 to 50 yea

## Text

_Characters 0–39,827 of 228,193. This is a partial read: ask again with offset=39827 for what follows._

A
B
C
D
E
F
G
H
634
SUPREME COURT REPORTS
[2018] 4 S.C.R.
SARIKA
v.
ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR
COMMITTEE, UJJAIN (M.P.) & ORS.
(Civil Appeal No. 4676 of 2018)
MAY 2, 2018
[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]
Religious monuments: 'Lingam' at ancient Mahakaleshwar
Jyotirlinga temple in the Ujjain - Erosion of lingam caused by
water and other impure puja materials like sugar, ghee, milk and
curd etc. - Protection and preservation of lingam - Writ petition
and application seeking directions for preservation of lingam
and appointment of Expert Committee - Constitution of Expert
Committee of ASI/GSI by this Court to submit a report on
deterioration of Lingam and its conservation - Submission of
suggestions, recommendations and remedial measures by Expert
Committee - Pursuant thereto, temple committee passed few
resolution to protect and preserve the Lingam - Report of the
Expert Committee and the resolutions - Thereafter, notice
displayed on the notice board by the managing committee of the
temple indicating that this Court had directed the manner in
which the religious ceremonies have to be performed in the temple
- Held: Misrepresentation was being made with respect to the
order passed by this Court - There is no interference on merits or
with the religious rituals to be performed in the temple during Pooja
- All the necessary rituals may be performed however to ensure
that the Lingam does not deteriorate any further - Puja to be
performed in such a manner befitting to the deity - Remedial
measures should be taken as suggested in the report - Conservation
be carried out with the help of conservator and experts of ancient
architecture - Resolutions made by temple committee to be
implemented - Temple Committee to decide the rituals, material used
as also prepare/manufacture the offering material in the purest form
- ASI/GSI teams to submit report and improvements made -
Constitution of India - Art. 25, 26 rw Art. 49, 51A.
[2018] 4 S.C.R. 634
 634
A
B
C
D
E
F
G
H
635
Constitution of India: Art. 25, 26 read with Art. 49, Art. 51A
- 'Lingam' at ancient Mahakaleshwar Jyotirlinga temple in the
Ujjain - Erosion of lingam caused by water and other impure
puja materials - Protection and preservation of lingam - Held:
Mahakaleshwar Jyotirlinga has so much importance for spiritual
and other gains - There is a constitutional and fundamental duty
to protect it, to promote harmony and spirit of brotherhood and
to value and preserve the rich heritage of our composite culture
- There is a constitutional obligation to preserve the religious
practices of all religions, culture and there is also a corresponding
duty to act in that direction - State duty bound to spend the amount
so that not only the archaeological, historical and ancient
monuments are preserved but sanctum sanctorum, as well as deity
is preserved.
Disposing of the appeal, the Court
HELD: 1.1 Misrepresentation was being made with respect
to the order passed by this Court and unrest was tried to be
created on the ground that this Court is interfering with the
religious rituals to be performed in the temple during Pooja. Thus,
it is clarified that this Court has not interfered with the same.
Said direction holds good for this order also and to be scrupulously
observed by all concerned. The only objective of entertaining
the writ petition was just to ensure that all the rituals which may
be necessary be performed however to ensure that the Lingam
does not deteriorate any further. [Para 30] [744-D-E]
1.2 There is a decay of the Lingam and certain damage has
been noted by the Expert Committee. Negative factors have also
been pointed out in extensive details. Activities regarding the
daily cleaning of temple premises, gaushala, Vedic samsthan,
mandir, rasoi of the temple etc. have been pointed out. The study
has been done by Spectroradiometer, portable XRF studies, water
analysis, ash analysis, the extent of weathering etc. Various
suggestions and recommendations had been made including the
remedial measures. It has been noticed in the report of the experts
of the ASI and GSI that deterioration of Lingam has taken place
during the last 40 to 50 years. The deterioration is continuous in
nature and can be managed with remedial measures. [Paras 31, 32]
[744-F-G; 745-A-B]
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.)
A
B
C
D
E
F
G
H
636
SUPREME COURT REPORTS
[2018] 4 S.C.R.
1.3 The water analysis of the temple premises used in the
Jalabhishekam is highly alkaline in nature and pH value ranges
from 8.4 to 8.7. Various other causes have been delineated in the
report of the experts. In all 24 causes have been given. Milk
particularly contaminated one, sugar, leaves, petals and flowers,
poor drainage sanitation and water spillage, use of the water should
be minimum. Rubbing of jaggery/sugar powder should be
restricted or minimized. Use of a lot of flowers and leaves also
keeps the Jyotirlingam wet all the time and hinders natural
breathing of the stone of Jyotirlingam. Use of metal buckets, pots,
utensils also causes abrasions to the Lingam. If possible entry of
devotees in Garbh Griha should be limited. Garbh Griha should
be kept dry and clean. There should be proper air circulation in
Garbh Griha. Arrangements for disposal of waste may be improved
and should be made more effective. Since scientific/chemical
treatment may not be acceptable, preventive conservation
methods may be helpful to keep the Jyotirlingam in the best of
its conservation state. Considering the historical importance of
the premises, use of modern materials in the premises should be
avoided so as to maintain the antiquity. There is a need to identify
the sculptures and they are required to be properly documented
and identified. Remedial measures should be taken as suggested
in the report. The conservation be carried out with the help of
conservator and experts of ancient architecture. [Para 34, 35]
[745-B-G]
1.4 There should be proper disposal of temple garbage and
it should be ensured that it does not contaminate the Kotiteerath
Pond. Better use of flowers would be that they are recycled for
the production of scent/itra. For that project may be prepared by
the administration with the help of concerned bodies or on the
basis of PPP. Cleaning methods should be modernized. [Para 36]
[746-A-B]
1.5 It is apparent from the response of the Committee filed
pursuant to the order dated 25.8.2017 of this Court that the
Committee has agreed to save the Lingam by minimizing the
flowers and offerings material. It has also been resolved that the
Temple Committee shall install an RO plant to maintain pH value
of water at 7 and devotees should be allowed to use minimum
A
B
C
D
E
F
G
H
637
water. Temple Committee has also resolved that during Bhasma
Aarti also they will take appropriate steps which may be
permissible. As permissible, use of ghee, milk, curd, and honey
shall be restricted per devotee. These materials shall be of ISI
standards. Lingam shall be properly cleaned and dried after Puja.
Expansion of drainage system was under process and be
completed at the earliest. Rubbing of sugar powder on the Lingam
shall be banned. It would be ensured that there is no harm caused
to the Jyotirlingam. There is a management plan to permit limited
devotees at one time in Garbh Griha so that there is no stampede.
They are ready to maintain the temperature of garbhgriha from
17 to 20 degree Celsius. There should be more air conditioners.
Damaged area of marble flooring and sealing of joints shall be
repaired. Provision has to made for proper circulation of air in
garbh griha. Arrangements for disposal of wastes have to be
improved. [Para 37] [746-B-E]
1.6 Preventive conservation methods shall be used by the
Committee. Efforts shall be made to preserve the originality and
antiquity of the temple. They have to also ensure that they would
undertake necessary steps for saving structure and life of
devotees during Nagpanchmi. A plan in this regard be prepared
within two months. It is also directed that let them make an effort
for the preservation of historical monument the new development
work if any, should only be made to match with ancient nature of
the temple so that its heritage look is maintained. As to the
recommendations of the report of the Experts Committee, same
have been accepted by the Committee. The Committee to
implement the recommendations as agreed to and resolved by
it. Considering the national and international importance, Temple
Committee has rightly resolved to create a Heritage Cell for
maintenance and restoration of the old temples and structures
inside the premises. Such cell be created at the earliest. [Paras
38, 39] [746-F-H; 747-A-B]
1.7 In compliance of the order dated 13.10.2017 the
Committee has passed various resolutions accepting various
recommendation of the Expert Committee. The Expert
Committee of ASI and GSI has filed response to the various
resolutions passed by the Committee. The Expert Committee
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.)
A
B
C
D
E
F
G
H
638
SUPREME COURT REPORTS
[2018] 4 S.C.R.
has also agreed with most of the resolutions. However, it has
made certain suggestions which are to be considered by the
Committee and implemented in best possible manner. [Para 40]
[747-B-C]
1.8 Expert Committee suggestion in respect of Kotiteerath
Pond water to be treated periodically and to ensure that the
rainwater of temple premises, as well as drainage water from the
temple premises, should not be drained into the pond and
contaminate the Kotiteerath Pond, has to be implemented in true
spirit. [Para 41] [747-C-D]
1.9 Committee of expert has also suggested that rubbing
of any offering by devotees may be stopped. Devotees may be
allowed to offer their offerings symbolically but not to be allowed
to rub any material over the Lingam. The Committee to consider
the said aspects and to ensure that as far as possible no rubbing
is done by the devotees on the Lingam or by any material. The
Committee also pointed out that no new significant construction
to be carried out in the temple premises except the smooth
passage in the premises is concerned, the resolutions be carried
out and fully implemented as resolved by the Committee on time
bound basis for different stages within one year. [Para 42]
[747-D-F]
1.10 With respect to the method of "lingarchan", method
of linga pooja, the 27th chapter of "Ling Mahapuranm" has been
placed on record. Pooja of different lingam may be somewhat
different. It is for the experts in the field of religion to decide
about the rituals and ceremonies to be performed. It is not for
this Court to make suggestions in this regard. [Para 43]
[747-G-H]
1.11 It is not within the jurisdiction of this Court to dictate
or to prescribe or restrain the religious practices and Pujas to be
performed in temple. They are required to be performed, in
accordance with the ancient rituals and practices but, at the same
time, it has to be ensured that no damage is caused to the lingam.
The temple which is known as Mritunjaya Mahadev and is most
ancient Jyotirlingam in one of the ancient cities of India, Ujjain.
'Simhast' is also organised 6 years and 12 years which has
international importance visited by several millions of people.
A
B
C
D
E
F
G
H
639
The Government spends thousands of crores of rupees for
development of infrastructure in Ujjain for each such occasion
and lot of development has taken place. Owing to all the
development work, Ujjain has come up. But at the same time
very cause of all developments, the Lingam requires to be
preserved, protected by way of preventive conservation methods.
[Para 44] [748-A-C]
1.12 In order to ensure purity of pooja materials and to
prevent further erosion of Lingam it would be appropriate and
fitness of things that a plan is prepared regarding the entire
offering materials on the lingam to be manufactured and provided
by temple itself as is done in several famous temples in the
Southern part of India and other places. By pouring the adulterated
Milk, Ghee, Kumkum, Gulal, Abir containing chemicals due to
adulteration is improper and cannot be permitted to be part of
the ritual. Lingam cannot be permitted to be destroyed by chemical
reactions of impure materials or by pouring of the dirty water
such acts of offerings cannot be allowed and as are done
innocently by the people unaware of ill effect on lingam. Had
devotees been aware of all these, adverse effect of their Puja on
the Lingam of their God itself of which they are performing Puja
, they would not have even dreamt of doing it. The Temple
Committee and other stakeholders to take positive steps in this
direction in reasonable time. [Para 45] [748-D-F]
1.13 Use of Bhang (cannabis) has been started in recent
past, approximately for the last 50 years and that is one of the
causes of erosion as per the petitioner. Earlier it used to be offered
symbolically. It is for the Temple Committee to decide on these
rituals and which material to be used by it and in which quantity
for purpose of Puja by Temple and for how much time, in what
manner Bhang should be applied and in what rituals. The
Committee to consider it with help of scriptures and experts.
How its use can be best modulated by the Committee itself,
considering past practices, as the ultimate duty of Committee is
to make preservation of the Lingam itself for its existence and
for that it has to consider and adopt what is the best mode of
performing the rituals, what are the materials which should be
used and in what quantity but it has to be ensured that the
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.)
A
B
C
D
E
F
G
H
640
SUPREME COURT REPORTS
[2018] 4 S.C.R.
materials are not impure and are without such chemicals which
may cause erosion of the lingam itself otherwise the very purpose
of Puja would be defeated. [Para 46] [748-G-H; 749-A-B]
1.14 Puja is to be performed in such a manner which should
be befitting to the deity and not to cause erosion itself of lingam
for which so much infrastructure exists. Lingam is known as
'Mrityunjaya Mahadev', who prevents from destruction, it cannot
be permitted to be destructed. Lingam cannot be permitted to
be exploited in a manner it is destroyed. If one believes in the
concept of real pooja, such Pooja is to be performed by pure
materials as purest of thoughts. No spiritual or other gain can
come if Puja is performed in a manner which damages the deity
itself as that would amount to displeasing the saviour. That would
be against the basic tenets of performance of Pooja and of making
offerings. [Para 47] [749-E-F]
1.15 The Temple Committee to invite and consider various
views for further improvement of the temple. The Temple
Committee to make an endeavour along with other stakeholders
to prepare/manufacture the offering material in purest of the form
and by such time it becomes a reality to make an arrangement in
such a manner that only pure and unadulterated materials are
offered in pooja on Lingam. No impure and adulterated material
is offered in Puja and the resolutions made by the Temple
Committee are scrupulously observed by all concerned. [Para
48] [749-E-F]
1.16 A concrete plan be made by the Committee for further
improvement including its Gaushalas. The existing Gaushala and
kitchen be improved and modernize and for that purpose, in case,
additional land is required, plan be prepared and implemented
with the help of all concerned so that temple becomes self-sufficient
to provide all pooja material based on milk product etc. [Para 49]
[749-F-G]
1.17 The decision by the Single Bench has rightly been set
aside by the Division Bench for the various reasons mentioned
in the order and in particular in view of the fact that in the
impugned order the Division Bench has relied on decision in
Ramchandra Mangilal & Ors. v. State of M.P. which had been
A
B
C
D
E
F
G
H
641
affirmed by this Court. Hence no case for interference on merits
is made out. [Para 50] [749-G-H; 750-A]
1.18 The ASI/GSI teams that has visited and had submitted
the report to make a visit in January 2019, is directed to submit
a report with respect to the position of the lingam and
improvements made as per suggestions made in the report. [Para
51] [750-B]
1.19 There should not be any misreporting of the Court's
order, as specified in the order dated 30.11.2017. Any violation
on this count shall be viewed seriously and sternly with
appropriate consequences, wherever necessary. It is hereby made
clear that this Court has not interfered with religious ceremonies
to be performed in the Temple. [Para 52] [750-C-D]
Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002)
7 SCC 368 : [2002] 2 Suppl. SCR 266; Prafull Goradia
v. Union of India 2011 2 SCC 568 : [2011] 1 SCR 579;
Transport & Dock Workers Union v. Mumbai Port Trust
(2011) 2 SCC 575 : [2010] 14 SCR 873; Shantistar
Builders v. Narayan Khimalal Totame (1990) 1 SCC
520; P.G. Gupta v. State of Gujarat & Ors. (1995) Supp
2 SCC 182 : [1994] 6 Suppl. SCR 628; Ramchandra
Mangilal & Ors. v. State of M.P. ILR (1991) MP 444 :
(1987) MPLJ 668 - referred to.
Case Law Reference
[2002] 2 Suppl. SCR 266
referred to
Para 10
[2011] 1 SCR579
referred to
Para 12
[2010] 14 SCR873
referred to
Para 13
(1990) 1 SCC 520
referred to
Para 14
[1994] 6 Suppl. SCR 628
referred to
Para 14
ILR (1991) MP 444
referred to
Para 50
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.)
A
B
C
D
E
F
G
H
642
SUPREME COURT REPORTS
[2018] 4 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4676
of 2018.
From the Judgment and Order dated 27.10.2016 of the High Court
of M.P. at Indore.
Tushar Mehta, ASG, A. K. Chitale, Ms. Vibha Dutta Makhija, S.
B. Upadhyay, Sr. Advs., Niraj Sharma, Divyaknt Lahoti, Sumit Kr.
Sharma, Ms. Amrita Grover, Vijay Prakash, Rajat Nair, Arvind Kumar
Sharma, Mrs. Anil Katiyar, Rohit K. Singh, Arjun Garg, Mukesh Kher,
Priyank Kher, Bipin Kumar Jha, Atishi Dipankar, Neeraj Shekhar, Sumit
Kumar, Animesh Kumar, Ashutosh Thakur, Advs. for the appearing
parties.
The Judgment of the Court was delivered by
ARUN MISHRA, J. 1. Leave granted.
2. The petition pertains to famous Mahakaleshwar temple, Ujjain.
The appellant has impugned the judgment and order passed in Writ Appeal
No.37/2014 by the Division Bench of the High Court of Madhya Pradesh
at Indore thereby setting aside the order passed by the Single Bench on
4.12.2013 in W.P. No.10712 of 2013.
3. Mahakaleshwar is an ancient temple of Lord Shiva. In order
to understand the importance of the Lingam it is necessary to consider
it, in brief, the history of Mahakal - Shiva, worshipping of statues and
Lingam, origin of Mahakal, same as defined in scriptures etc. as pointed
out in the reply of Mahant Prakash Giri of Shri Panchayati Akhara
Mahanirvani is as under:
"BRIEF HISTORY OF MAHAKAL SHIVA
 Since ancient times in Hindu culture definitions are found
in name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly,
the Vedas are the only authentic and well-being book of Hindu
religion, when and where it was created it is matter of search.
But it can be said that at least 5000 years ago, it was in
complete existence.
 Shiva is the instrument of discussion in Veda Mantras,
but that discussion is on shapeless god. Somewhere nature's
body is also addressed by various names of Shiva, part of
Vedic treatises of the Swaithashwar influx, it has been
discussed by the 'Sweth' sage on the basis of the Vedic
Mantras in the spiritual form of Shiva.
A
B
C
D
E
F
G
H
643
 As briefly stated, [Abstract from Swaithashwar influx] :
The creator treats himself and all the controlling Divine powers
differently, therefore, it remains entangled in the creation of
universe [In the enjoyment of nature] And when that
incomparable divine power is experienced, then attain
liberation, that is salvation.
 Indestructible or destructible, visible and not visible it
nourishes the divine (the supreme power) of this whole world,
the creature attracted to the qualities of nature, treating
himself as his boss, stays in the same nature, and when that
creature is experiencing that divine, attracted by the qualities
of nature, creatures [Jeev] keep himself tied by the attribute
of the same nature, and when that creature experiences that
divine, then he is exempted from all bondage.
 The destructive staple and indestructible life-force is
formulated by a god called 'Har', with the thought of its
contemplation, and by the feeling of its element, the person
achieves the retirement of the cycle (nature) of the
reincarnation after liberation.
 Braham in the soul should forever be known, there is no
more known qualified entity than this, the creator (creature),
the usable material (nature), and the inspiration (God), this
is the only way Brahma said in three ways.
 While commenting on this stanza, 'Shankaracharya' has
written with the reference of Shiva, that performers [Yogi]
see Shiva's not in idols but in soul, a person who relinquish
Shiv from his inner soul to worship outer Shiv, he feels as if
he has dropped his hands morsel (Food yoga substance) and
licks his empty palm, as the blind person can't see the rising
sun, in the same way, the uneducated person can't view the
calm form of Shiva. The person who view the omniscient
(everywhere present) calm form of Shiva, Shiva resides in his
heart, but those who can't see Shiva located in their souls,
those people use to search him at pilgrimage place. In the
interpretation of this stanza, it is written with reference to
Vishnu Purana that's the goal that is proven by the mind's
axiomatic (complete) Inconsistent (Due to meditation and
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
A
B
C
D
E
F
G
H
644
SUPREME COURT REPORTS
[2018] 4 S.C.R.
distinction between patience) the form is assumed, it is called
a Samadhi.
 The power called a Rudra is governed by the entire
Universe, it is situated within all the organisms and creates
the entire universe (many planets located in space and space),
protects them and destroys (destruction of the universe) means
it merges in itself. Rudra Dev originates all the creation and
creatures.
 Nature is to be known as illusion and Maheshwar as
Elusive this entire world (universe) is the Action Format of
both of them.
 At the beginning of creation by becoming one [supreme
power] and being special by its power without any purpose
many types of characters [Special form] holds and in the end
the world dissolves in it and same supreme power provide
pure intelligence.
 Supreme power is the fire, the same sun, the same air, the
same moon, the same Venus, the same Brahma, the same water,
and the same is Prajapati. Dev (supreme power) exists in fire,
which is in water, and is occupied (everywhere) in the entire
universe and which is present in the Medicine and the
vegetation also that god (God). This soul is neither a woman,
nor a man, nor an important, the one who holds the body
remains the same.
 The supreme power, (the power that exists everywhere),
that power is the form of knowledge, which is the power time
(time). Who is the virtuous and Omniscient [all knowing]
Inspired by that the earth, water, fire, air, and sky, established
In their own deed, keeps interaction, think of that supreme
power. Head-Neck-and chest keeping the body together, by
controlling all the indices by concentrating peace of mind,
strengthen the meditation while uttering the sound 'Om'.
 To control the mind, do pranayama. These actions are to
be held at quiet, secluded, and in a clean place.
A
B
C
D
E
F
G
H
645
 In this way, where ever Yogi does Yoga, the Yogi experience
the Brahma Tattva (God) with the illuminating self, similar to
the lamp, That yogi is free from all unborn, steady, and all
elements, he releases himself from all bounding by knowing
that God.
 Thus, from this brief description of Shvetashwar
Upanishad, it can be understood that the Shiva as described
in Veda, he is the only creator of the Universe, is rearing the
universe, is also the destroyer, spreads everywhere known as
power form of formless God.
 It is submitted that Vedas are the foundation of Hindu
religion, all types of basic knowledge and science are
available. This is the first knowledge book of the universe,
on basis of this Vedas, all Purans and Hindu texts are written
or spoken, now it can be seen brief form of Shiv from Hindu
texts written after Vedas. The 'Shev sect' is known for
worshiping different forms of Shiva by believing it as God,
this sect. has its own elaborate literature how much is truth, it
is the matter of research but in Bharat it has been recognized
at least 2500 years ago it is known from the available evidence,
how old is this from it is a matter of research. The main forms
of Shiva People whom people in Bharat or abroad worship
him as God in the form of idol or phallus. The visual part of
Shiv is as follows:
1. Panchamukhi Shiva
2. Asht Vidh Shiva
3. Ekadash Rudra
4. Various Incarnations of Shiva
5. Bhairav
6. Shiva's Yogavatar
The Origin of Lingas: The origin of the Linga's in the
Puranas in such a way that when this creation was taking
place, there was a fierce battle between Brahma and Vishnu,
and in that war a huge Jyotipunj appeared between them, As
a result of this sudden incident, both of them stopped fighting
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
A
B
C
D
E
F
G
H
646
SUPREME COURT REPORTS
[2018] 4 S.C.R.
together and went to know the secrets of this light; they went
up and down in the form of swan and wind, but there was no
end to it then both of them came back and gathered and
explored Lingas at that time they heard a sound 'Om' coming
out of that Jyotirmay Lingas, and universe was created, first
of all it came in form of Golden egg and it remain in same
format for thousand years after that egg got divided which
created Sky and Earth Brahma and Vishnu performed the
prayer of Jyotirlinga with Om Mantras then from that
Jyotirlingas in form of words [a,aa,e,ee,u,oo,r,tr,others) Shiv
along with Uma manifested when he lift his head again and
looked upwards then from sound of Omkar he visualize 38
words Ishan Mantras, 24 words Tatpurush Mantra, 33 words
Aghor Mantras, 35 words Sadhojat Mantras and 66 words
Vamdev Mantras knowing these five mantras Vishnu started
Chanting these mantras and prayed Shiva by these in Mantra
form from here onwards the origin of worship Jyotipunj Lingas
started, the main meaning of the word lingas is symbol, i.e.
here, we understand from Shivling that in entire universe
Shivaling is considered to be the symbol of the ultimate power
which prevails inside and outside of it, word Shiva it the only
power who runs, creates, .and destroy this universe. This
universe is its direct symbol, hence Shivling is considered as
symbol of God.
 Different types of lingas: There are two main types of
lingas the first type of lingas is called as swambhu, meaning
of swamboo is who is self-generated, second type of Lingas
are produced, Lingas are produced from Mercury, Gold, Silver,
Diamond, Sfetik, Precious Stones, stones and Mud, it can be
made from other materials also, Shiv Lingas made of mud are
dissolved in water after worshipping daily balance type of
Lingas are permanent. According to tradition every piece of
stone found in Narmada river is treated as Lingas. Apart from
this trees and plants are also symbol of Shiv Lingas.
 Legislation of worshiping Statues and Lingas: Shiva
statue created along Human shape is called Pratima, Customs
of worshiping the Idols and Lingas are almost same.
A
B
C
D
E
F
G
H
647
Worshiping of Shiva's Formless Lingas: In addition to external
worship, internal worship is also mentioned in the Puranas,
for spiritual contemplation and meditation two types of Lingas
have been defined Lingas created by physical materials
available outside and interior Lingas, for the sake of
emotional fulfillment of common mass concept of Solid outside
form of Lingas, has been perceived, the epicenter lingus which
means the spiritual astral body, which does not have direct
experience the same ignorant persons perform prayer etc
everything outside by imagining it externally, by meditating
Jnan meditation yoga, in meditation, that subtle Lingas symbol
of Shiva sees himself sitting in his own right. Once this
knowledge is attained, there is liberation this is worshiping
the formless Lingas. Knowledgeable people perform
meditation yoga by the equator were he visualize subtle shape
Shiva sitting within itself when his knowledge is attained he
gets Liberation, this is the way to worship the formless Lingus.
Pasupat ki Utpatti: According to Ling Purana, Pasupat
vrat Yoga scriptures and Kapil Samkhya are composed by
Shiva and Pasupat was created earlier and it's the best. Shiva
had very first preached to Vishnu etc deities of Pasupat second
time he preached at time when he inhale poison occur from
sea churn, third time he preached to Prajapati Daksh on the
occasion when Daksh oblation [Yag] was vandalize. Shiva
28 yoga avatars were also holders of pasupat vrat they spread
the Pasupat through their disciples. Pasupat vrat which was
originated by Lord Shiva, after him the Yoga incarnation held
at different times by different people took forward but all of
them are not available in Holy book [Grant] but they are
discussed in the context here and there. Out of these the last
Yoga avatar his name was 'Lakuleesh' and he was born
presently known as Gujarat in Vadaodra district, according
to time he reached Ujjain their he delivered his first preach
to Kushik and other disciples on manner in which Shiv
performed and practiced the Pasupat vrat, and Mahadev south
facing statute i.e sacraments or pledge the bhasma purified
by Sadhojatadi 5 Shiva Mantra's to Mahakal this prime action
has been interpreted in Pasupat Sutra by authentic interpreter
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
A
B
C
D
E
F
G
H
648
SUPREME COURT REPORTS
[2018] 4 S.C.R.
'kodilya' in his first Sutra. Mahadev authentic south-direction
Linga formation is the only one at 'Mahakaleshwar Jyotirling'
besides this the accreditation is that it doesn't exist at any
other place. Persons who adopt Pasupat yog should take bath
thrice with Bhasam, should sleep on bed of Bhasma, even
after taking food etc he should put Bhasam on his body,
should possess Shiva Nirmaalya, such as House holders and
people living in the other hermitage have their own special
symbols likewise Bathing with Bhasam [Bhasam ashnan],
Sleeping on Bhasam, Anuashnan Shiva Nirmaalya are symbol
of person of Pasupatl's, Pasupati should chant five Braharn
mantra purified by 'Sadvoiata'all these should be performed
in congruence of south facing staue of Lord Mahadev.ln brief
it has been narrated about Pasupat,
 Pasupat tradition originated from Lord Shiva has always
been followed regularly in Bharat today they are known as
'Naga Sadhu', There is evident proof of Pasupat and Naga
Sadhu's are time to time mentioned in ancient books [Grants],
and are been quoted in scripts of others religion [Jainism
and others].
Origin of Mahakal: According to Shiva Mahapurana
Kotirudra sanhita Update 16, a Brahmin lived with his four
sons in Ujjain [Ujjani] city, that Brahman daily used to
perform Agni horn & terrestrial Shiva Linga, at the same time
an evil demon called Dushan lived on the mountain called
Ratanmal. On day when Brahman was delighted in meditation
of Lord Shiva then only Dushan monster arrived along with
his army and tried to kill Brahman then only Lord Shiva
manifest from the terrestrial Linga worshiped by the Brahman,
said that I am Mahakal who destroys evil demon like you,
move away from this Brahman, and by a single word 'Hunkar'
reduced that evil demon along with his army into ashes, after
the killing of Dushan these Brahmins prayed to Lord Shiva to
stay their and Lord Shiv accepted it stable himself in form of
Lingas and known as Mahakal. In the 17th chapter of this
mythology, King Chandra Sen of Ujjain and one Gope child
also worship the Mahakaleshwar Lingas.
A
B
C
D
E
F
G
H
649
Pasupat and Mahakal: In the Puranas and many other
literature, the material related to Mahakal is obtained,
according to available evidence, current Mahakal temple is
the only authentic South facing Shiva Linga, ,in the past there
was crematorium at this place, this is the only Shiv Lingas in
the universe on which from unknown time ashes of funeral
pyre brought from crematorium by pronouncing Sadyojata
Five mantras is plated by Naga [Pasupatis] Sadhu. This
tradition is not experimented anywhere else except Mahakal
no other sect in the universe except Pasupat loves Bhasam
and crematorium, he is worshiper of south facing Shiva and
uses bhasam purified by Pach Braham[ Sadyojata] mantras.
Current format of Pasupat which was preached by Lukulish
in Ujjain these probes that Pasupat and Mahakal are
mutually related and according to the said behavior in
Mahakal before and during today's time, Mahant of Nag a
Sadhu's at Mahakal is following the tradition of Pasupat.
Swet Saga the first Pasupat acharya in Swetashwer upnished
have mentioned at different places about Divine power of
Shiva especially in chapter (4-20) He has praise a special
appearance of Rudra's southern face, In mahabharat chapter
Anushasan parv Shiva told Uma that I have delivered the
preaching on Pasupat from my Southern face, in Shiv
Mahapuran, Ling Mahapuran, Panchbrahmhopnishad
volumes south facing Shiva has been called Aghor, It is famous
the crematorium is very dear to Shiva and Shaiv Aghories, in
Ling Mahapuran worshiping South facing Shiva by Bhasam
has been mentioned specifically, proof in these texts certify
& it is evident that the present Jyotilinga of Mahakal south
facing aghor shiva statue, that's why Naga Sadhu's (Followers
of Pasupat branch) are offering Bhasam ashnan daily to him,
since ancient times (according to the evidence of Kondilya it
is 1500 years back) is being performed even today. The ritual
of performing Bhasma ashnan to Mahakal can be carried
out only and only by Naga sadhu's nobody else can do nor
should it can be attempted. If attempted it will destroy the
tradition and will hurt the sentiments of Hindu religion. Today
even the Hindu devotees visit Mahakal to visualize the Bhasma
Ashnan of Maharaja Mahakal.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
A
B
C
D
E
F
G
H
650
SUPREME COURT REPORTS
[2018] 4 S.C.R.
Antiquity of Mahakal and Pasupat: By 1735 when Ujjain
has come under domination of Marathas at that time Ranoji
Schinde who was appointed by Peshwas, and has given
charge of Ujjain to Diwan Ramchandra this Diwan
Ramchandra had rebuilt the present Mahakal Temple, approx
1235 Shamsuddin Alatmas had robbed and destroyed the
Mahakal Mandir. Restoration of Mahakal Temple was
executed by Raja Bhoj approx during 1010, state poet Ban
Bhat of Harshvardan who ruled the state during 590-647 has
also described about Mahakal & Pasupat in his poem
Harshcharit & Kadambari. During the time of Vikramaditya
great Poet Kalidas has specifically mentioned Mahakal Temple
in his Poetry Raghuvansh and Meghdoot it is difficult to
specify the time of Kalidas, but at least 1650 years is prevalent
in the past not less than that. Apart these description of
Mahakal are found in Puranas and Tantra shastra also, but
time can be mentioned by Historians, we can't. In book Heart
of Jannisium written by Stevenson has also mentioned that
Founder of Jain religion Mahaveer also visited Ujjain and
has performed austerity, famous Mahakal Temple was
established in Ujjaini. What is the truth we can't say but from
the available scripts it can be mentioned that approx 2000
years past existence of Mahakal Temple is evident because
Historian has predicted the time of composition and preaching
of Pasupat 150 B.C to 1st A.D and there is indirect form of
discussion of Mahakal in Pasupat Sutra. Now briefly we
should view the ancientity of Pasupat. From 1295 to 1385 a
person named Acharya Madhav has mentioned briefly about
Nakulish Pasupat Sight to Shavya Sect in his book called
Sarvya Darshan. In eight century Shankracharya has
specifically discussed about Pashupat Sect in his Vedant Sutra
chapter 2, fart 2, formula 37 which is an authentic book.
This Formula of Vedant has clearly mentioned of Pasupat Sect
by mentioning word Pati so the Pasupat is ancient the Braham
Sutra and the time of composition of Vedant sutra is between
4000 B.C to 450 B.C as described by historian in their own
way, so it is difficult to predict the exact time, approx 2000
years back Pasupat Sect was fully established or it was' in
the beginning shape this can be said."
A
B
C
D
E
F
G
H
651
Preservation of Mahakaleshwar Linga:
4. This Court has primarily entertained the petition vide order dated
5.5.2017 as it transpired that the idol of Lord Shiva in the form of Lingam
is in danger due to various causes and it has deteriorated as such notice
was issued to ensure its preservation.
5. The appellant has filed an additional affidavit in the matter of
erosion of Lingam. It has been pointed out that due to the erosion of
Omkareshwar Jyotirlingam, offerings have been banned. Omkareshwsar
Jyotirlingam is situated nearby Ujjain. In this regard, newspaper report
dated 15.11.2006 as to Mahakaleshwar Jyotirlingam has also been filed.
6. Following is the report dated 15.11.2006 published in the
newspaper UNI :
"Mahakal Jyotirlinga eroding:
Published: Wednesday, November 15, 2006, 11:40 [IST]
Indore, Nov 15 (UNI) 'Jyotirlingam' of Lord Mahakal at temple
town Ujjain is gradually getting eroded. More than 30 square
cm scalp of the holy 'lingam' has come out with nearly 7-8
mm thickness from the eastern side along with 3-4 similar
circular patches, having 2-2.5 cm diameter and 6.5 mm depth,
just above the bigger patch. The entire holy 'lingam' is having
geological scaling on the western side. Two vertical carving
has raised concern that the 'lingam' will have enough chances
of splitting into three pieces in future.
Dr. Ram S Shrivastava, a known scientist closely observing
the holy lingam since 1953, is convinced that if due care was
not taken then "we will have to cut a sorry figure in future."
He said the Mahakal was the oldest 'Jyotirlingams' out of 12
'Jyotirlingams' in the country and the only one facing south.
The Mahakal temple was destroyed by Sultan Shamsuddin
Iltutmish of Delhi in 1235 and it was later restored by the
Scindias in the 19th century.
There is a 5,000-year-old record available for worships. It is
believed that the 'Jyotirlingam' was found inside the Koti
Teerth Kunda in the Mahakal campus and the temple was
first constructed by King Vikramaditya. Dr. Shrivastava said
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]
A
B
C
D
E
F
G
H
652
SUPREME COURT REPORTS
[2018] 4 S.C.R.
one of the reasons for erosion could be pouring of chlorinated
water -nearly 25,000 litres a day -besides about 80 'pundits'
from 16 Brahmin families massaging the lingam on rotation
basis using Bhat Shringar, Bhang Shirngar etc. Milk' and
other offerings could be accounted in tonnes. Almost every
visitor touched the holy shrine and often rubbed and pressed
it during prayers."
7. Yet another report dated 7.7.2014 about banning of offerings of
sugar, ghee, milk, curd etc. in the temple at Ujjain has been placed on
record. That management wanted experts to check erosion of Jyotirlinga
of Mahakaleshwar Temple at Ujjain.