NDLI: Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (m.p.) and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India – Art. 25 26 rw Art. 49 51A
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
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. 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.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2018 INSC 442
Petitioner	Sarika
Respondent	Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (m.p.) And Ors.
SCR	[2018] 4 S.C.R. 634
Judgement Date	2018-05-02
Case Number	4676

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Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (m.p.) and Ors.

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