SC refuses to entertain plea challenging ‘VIP darshan’ at Mahakaleshwar temple
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New Delhi: The Supreme Court on Tuesday declined to entertain a petition challenging the practice of ‘VIP darshan’ and preferential entry into the sanctum sanctorum of the Shri Mahakaleshwar Temple in Ujjain, Madhya Pradesh, observing that regulation of religious rituals and temple entry is not a “justiciable” issue.
A bench comprising Chief Justice Surya Kant and Justices R. Mahadevan and Joymalya Bagchi, however, permitted the petitioner to approach the appropriate authorities by way of representation.
Advocate Vishnu Shankar Jain, appearing for petitioner Darpan Awasthi, sought permission to withdraw the plea after the bench indicated it was not inclined to examine the matter. The court allowed the withdrawal, granting liberty to make a representation to the concerned authorities.
The petition had challenged a Madhya Pradesh High Court order that dismissed objections to preferential treatment extended to VIPs for offering water to the deity inside the sanctum sanctorum.
Jain argued that entry into the sanctum sanctorum should be governed by equality and that every citizen should be treated alike. Responding to this, the Chief Justice said there were clear limits to judicial intervention in matters of temple management and that such decisions were for those administering religious institutions.
“Whether VIP entry should be allowed or not is not for the court to decide. We are concerned with the question of justiciability,” the CJI observed.
He further cautioned that strictly applying fundamental rights within the sanctum sanctorum could lead to unintended consequences. “If Article 14 applies inside the sanctum sanctorum, then claims under other fundamental rights like Article 19 may also follow. Someone may first claim a right to enter and then a right to chant mantras, citing freedom of speech. All fundamental rights would then be sought to be enforced inside the sanctum sanctorum,” the CJI said.
Jain contended that citizens should not be discriminated against on the basis of VIP status, pointing out that entry into the garbhagriha was often granted through recommendations from district collectors. He submitted that either entry should be prohibited for everyone or equal access should be ensured for all devotees.
The matter reached the Supreme Court after the High Court dismissed the plea, noting that the term “VIP” is not defined under any statute or rule and that such access is governed by administrative discretion exercised by the Temple Management Committee and the district collector.
With PTI inputs