Supreme Court seeks religious places proper management

The Supreme Court of India, while related matters of Lord Jagannath Temple, Puri, Orissa, issued interim directions on 8 June and 7 July to ensure protection of "the sanctity and ethos" of this highly revered religious place Attention of the court was drawn to the gross mismanagement of huge offerings made to the Temple by the devotees and lack of proper facilities for the visitors The directions issued have far-reaching consequences and apply, uniformly, to all religious places in the country.

The Apex Court put the matter in a constitutional matrix and observed "The issues raised involve enforcement of fundamental right under Article 25 and Directive Principles under Article 38, 49 and 51 A (1) and (g) of the Constitution of India and other rights. It went further to examine the issue in a broader perspective and expressed serious concern on the health of shrines, spread across the country, properties whose importance was underlined in the following terms.

"There is no doubt that proper management of pilgrimage centres of great importance is a matter of public interest. These centres are of undoubted religious, social, historical and architectural importance, representing the cultural heritage of our country Millions of people visit these centres not only for tourism but also for seeking inspiration for the righteous values and of their well being. They also make huge offerings and donations for advancement of such values"

 It should gladden the heart of a devotee that the Apex Court gave expression to what millions of them feel on the issue. Accordingly, the Court directed the Union Of India to play its role in addressing the grievance, in the words.

"Since these issues may be common to various other important shrines in the country, we also direct respondent No 1-Union Of India to constitute a committee to collect information with regard to such other shrines so that the management practices, therein, can be reviewed for the benefit of all visitors, wherever necessary"

The Apex Court has touched the soul of the matter. People across the country, generally have a bad experience after a visit to the places of their faith. At some places a baba is caught with his wrong doing, at another place a Father - Priest in Church is accused of moral turpitude. Then, we hear such allegations levelled against a Moulvi. It is no secret that some religious places of all faiths, in India, more so in J&K, face serious charges of mismanagement and encroachment of their properties

The health of most of the religious places in our State, particularly of shrines and temples in the Valley, is not good. The State government has acknowledged this in clear terms, on various occasions. There are allegations that offerings and donations made to these shrines are not properly accounted for by the so-called trustees and managers Devotees have been craving for a statutory management of these religious places There, however, has been no positive response from the quarters concerned so far.

Former CM Ms Mehbooba, on her visit to the gutted Sufi Shrine of saint Abdul Qadir Jeelani Srinagar, in November 2017, had an occasion to observe the conditions of the religious places in Kashmir. She said that a safety audit of all shrines in the Valley will be undertaken to ensure safety and security of these shrines. Then, again, in March, 2018, she came to confront an ugly situation portrayed by the devotees with respect to the affairs of some Muslim shrines, in the Valley She told the administrators of these shrines that the Wakf Board, which looks after Muslim shrines in the State, is a community institution which needs to be developed on the most modern lines with the use of technology and expected the Wakf Board to be of a great help to the community.

There is statutory mechanism for the management of mosques and gurudwaras Such a transparent and accountable mechanism is required for shrines and temples also One has to be, indeed grateful to the Supreme Court, as it has empowered an ordinary devotee to invoke the jurisdiction of a territorial District Judge and project his grievances about the problems associated with the management of the shrines or any impediment felt by him while on a visit to the religious places The District Judge has been authorised to enquire into the matter and suggest ways and means for prope, accountable and transparent management of the shrines. The Apex Court has said in its order, dated 5" July, 2018, passed in the matter under reference.

Para 10: "Section 92 of the Code of Civil Procedure permits a court also to issue directions for making a scheme or making arrangement for any charitable or religious institution. Accordingly, we direct that if any devotee moves the jurisdictional District Judge throughout India with any grievance on the above aspect, the District Judge may either himself or by assigning the issue/ matter to any other court under his/her jurisdiction examine above aspects and it necessary send a report to the High Court We have no doubt that the High Court will consider these aspects in public interest in accordance with law and issue such judicial directions as become necessary having regard to the individual fact situation"

We trust the Governor will take cognizance of the issues raised by the Apex Court as they relate to the management of religious places in J&K, as well and take appropriate steps to remove the distress of the devotees "protect sanctity and ethos" of these places of culture and spirituality. We also hope that the Government will, also, consider the genuine demand of a transparent and accountable management of the religious places, guaranteed by a statute, wherever it is found missing. As nightly put by the Honourable Court, this is an issue of great "public interest."

(The writer is a former Principal District & Sessions Judge)

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Courtesy:-  B.L. Saraf   and Koshur Samachar 2018, August