SC dismisses plea against Delhi HC order setting up court receivers for Temple donation

The top court noted that the HC order was “very good”, and necessary to bring order to such places

Delhi HC

“We are shocked that Pooja is auctioned! We are not concerned with this plea; we are concerned with the religious sentiments! This is a perfect order,” said Justice MR Shah while hearing a plea challenging a Delhi High Court order appointing court receivers to inspect the donations received at Kalkaji Temple, reported LiveLaw.

The Single-judge Bench of Justice Pratibha Singh had appointed an individual as the Local Commissioner to visit the Kalkaji Mandir to ascertain who conducts the pooja sewa, collects the Dakshina (offerings) and who is in control and holding custody of the donation boxes located in the precincts of the Mandir.

Hearing an appeal from this order, LiveLaw quoted Justice DY Chandrachud saying, “It is a very good order by Justice Pratibha Singh. It is a tough action, necessary to bring order to such places”. He further observed,

“The devotees putting money in the donation box don’t realise what is happening! The right to be a Pujari is auctioned! There are rights to collect this money!” The Supreme Court Bench also noted that when the local commissioner visited the temple premises to inspect the donation boxes, they had been found to be empty.

Dismissing the plea, Justice Chandrachud also remarked, “What is good for the goose is good for the gander!” The Delhi High Court’s order by Justice Singh dated February 5, 2021, also recorded some appalling observations:

“A perusal of the Local Commissioner’s report shows that Sh. Kalkaji Mandir appears to have come under the control of one faction who is running it like a commercial enterprise. It is quite disconcerting that the rights to perform puja at a Mandir are being put to auction and third parties are conducting the puja ceremonies. There are various hoardings which have been put up at the site of Sh. Kalkaji Mandir and commercial advertisements of businesses… The nature of these businesses and as to who is running them is not known. The hoardings are extremely prominent and one hoarding is at the entrance of the temple itself.

The report of the Local Commissioner also clearly shows that around 10,000 visitors visit the Mandir on weekdays and around 20,000 visitors visit on weekend… The photographs of the donation boxes, annexed with the said report, also show that some of the donation boxes are empty and some of the donation boxes have some cash which are lying there. According to the local commissioner, there are a total of more than 38 donation boxes in the temple and it is not clear as to who controls these donation boxes”.

Accordingly, Justice Singh issued certain important directions from February 6, for instance, immediately removing the hoardings in the temple precincts and on the donation boxes. The donation boxes, from now on, will be locked by the Court Receivers and the keys shall be retained with them.

For the purposes of identifying and properly securing the donation boxes, the Local Commissioner shall assist the Receivers, as per the order. Ringing in more changes, the donation boxes will be opened only once every day at the time fixed by the Receiver/s either late evening or in the morning.

The Delhi High Court order may be read here: 

 

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