‘Discipline Must Be Maintained By Devotees’: Calcutta HC Dismisses PIL For Guidelines On Visiting Jalpesh Shiv Temple, Directs DM To Consider

The Calcutta High Court has dismissed a PIL seeking issuance of guidelines for regulation of pilgrims visiting the Jalpesh Temple shivmandir in North Bengal, on the grounds that the authorities were “depriving the petitioners of the fundamental right” to observe their age-old practise of offering holy water to the deity at the temple by entering its “garba griha.” In ordering the District Magistrate and other officials to hold a public consultation/hearing looking into the suggestions placed by the petitioners “bearing in mind the convenience of the worshipping public,” a division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held: “So far as regulating manner of worship in temple or any other place, it best be left with the district administration to take care of the same. A decision in this regard be made within three weeks from date.” It was argued by the petitioners that there had been an earlier dispute regarding pouring of water on the shiv linga, pursuant to which an order had been passed by a division-bench noting that a PIL may be filed regarding framing of guidelines for places of worship, instead of a regular writ petition. It was submitted that while no concrete steps had been taken in that regard, the temple was being visited by 3-4 lakh people on a daily basis, in the absence of any routine procedure, leading to overcrowding and commotion due to which may worshippers were being deprived of the right to enter the ‘garbha griha” and to pour holy water on the shiva ling. If they think they are more powerful than the deity, then we will disband the committee.” Accordingly, in refusing to pass any directions, the bench referred the matter to the District Magistrate for convening a meeting with the BDO, members of the temple committee, petitioners, and jurisdictional police in order to take decisions on the framing of guidelines for worshippers with reference to the petitioners’ suggestions.