Firdous Parray
SRINAGAR, Aug 14: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Srinagar has resolved a long-standing dispute over the management and religious rights associated with the Shree Bajrang Dev Dharam Dass Ji Mandir in Sathu Barbar Shah, Srinagar.
The judgment, pronounced by a bench comprising Justice Sanjeev Kumar and Justice M.A. Chowdhary of which a copy lies with Kashmir Despatch addresses the contested claims over the temple’s management and religious functions, ordering the government to take direct control of the temple’s affairs until legal ownership and management issues are conclusively settled.
Background of the Case
The petitioner, Prem Jay Mishra, aged 41, who claims to be the Mahant of the Shree Bajrang Dev Dharam Dass Ji Mandir, filed a writ petition challenging a communication from the District Magistrate of Srinagar. This communication, dated December 22, 2017, withdrew an earlier order that allowed Dr. Jai Ram Dass to perform puja (ritual worship) in the temple and transferred the daily affairs of the temple to the Baba Dharam Dass Ram Jevan Dass Trust, managed by Mahant Subhas Shah, the sole trustee. Mishra’s petition, however, was limited to his right to perform puja in the temple, conceding that he had no interest in managing the temple property.
Arguments and Opposition
The petitioner’s case was argued by Mr. Z.A. Qureshi, Senior Advocate, with support from Ms. Monisa Manzoor, Advocate. The defense, representing the State of Jammu & Kashmir, included Mr. Mohsin Qadri, Senior Additional Advocate General, along with Ms. Maha Majeed, Advocate. Respondent No. 12, Mahant Subhas Shah, was represented by Mr. M.Y. Bhat, Senior Advocate, and Mr. Hamza Prince, Advocate.
The official respondents opposed the petition, arguing that the appointment of Mahants in Hindu temples in Jammu and Kashmir is governed by Ailan No.13, a regulation dating back to Maharaja times. According to the respondents, the petitioner or the previous pujari, Baba Jai Ram Dass, were not recognized as legitimate Mohatmims (managers) of the temple according to the revenue records. Instead, the last recorded Mohatmim was Kankar Dass Chella Pandit Shatrugan Dass Pujari. The respondents pointed out that the temple property was being misused, with portions occupied by security forces and others by individuals with dubious claims.
Court’s Findings and Judgment
The court’s judgment underscored the fact that the temple property in question legally belongs to the Deity, with no party able to claim ownership over it. The court noted the absence of any substantial records showing how the property was originally dedicated to the temple, but it presumed that the property was part of the Maharaja’s endowments for temple management and charitable purposes.
The court found that none of the involved parties possessed any legal documentation to substantiate their claims either to manage the temple properties or to perform puja. The judgment highlighted how the properties of temples in the Kashmir valley, especially after the onset of militancy in 1990, had become victims of encroachment and mismanagement, with vested interests taking advantage of the chaotic situation.
The court issued the following directives:
Management of Temple Property: The Deputy Commissioner of Srinagar was directed to take over the management of the temple and its properties. A committee of officers from the revenue and other relevant departments would be constituted to oversee the daily rituals and other administrative tasks.
Protection of Temple Property: The local police were instructed to assist the district administration in fulfilling these functions. The committee was also mandated to open a dedicated account for the temple, ensuring that any income generated from the properties would be used for the temple’s welfare and management.
Removal of Encroachments: The Deputy Commissioner was tasked with initiating appropriate steps to remove any encroachments on the temple property, following due legal process.
Rights to Perform Puja: Any party wishing to assert their right to perform puja or manage the temple properties was given the liberty to pursue their claims in a civil court. However, the court stipulated that no such suit would be entertained unless the Deputy Commissioner was named as a defendant.
Pending Civil Suits: The court ordered that in all pending civil suits related to the temple or its properties, the Deputy Commissioner must be included as a party to avoid any potential collusion between the litigants.
Temporary Measures: These directives will remain in effect until the rights of the parties are conclusively determined by a civil court or until the Government of the Union Territory of Jammu & Kashmir enacts appropriate legislation governing religious and charitable institutions, as recommended by the court in a previous judgment.
The court’s decision is expected to have far-reaching implications, not only for the Shree Bajrang Dev Dharam Dass Ji Mandir but also for other similar temple properties in the region that have suffered from neglect and mismanagement. The judgment also serves as a call to the government to expedite the formulation of laws governing religious endowments, thereby providing a legal framework for the management of such properties.
This judgment reflects the judiciary’s proactive stance in safeguarding religious and charitable properties from being misused or encroached upon, especially in a region that has experienced prolonged conflict and upheaval. The court’s intervention is likely to bring much-needed order to the management of temple properties in the Kashmir valley.
