The High Court acknowledged the right of Sharma and Gattani to participate in religious activities and worship at the temple. However, the court also emphasized that such practices should not cause harm or damage to the idols and photo-sculptures, which hold significant religious value.
Rajasthan: The Rajasthan High Court recently addressed a dispute involving a religious leader, emphasizing the importance of respecting religious and spiritual sentiments. The court directed the parties involved to engage in a unique resolution by planting trees in and around a temple.
READ ALSO: Rajasthan High Court Rejects PIL for Live Streaming Court Proceedings
Justice Anoop Kumar Dhand emphasized that Article 51A(f) of the Constitution of India mandates every citizen to cherish and uphold the diverse heritage of the nation’s composite culture.
“The duty to safeguard and uphold our heritage and culture is incumbent upon all individuals, and any act causing harm to idols, sculptures, etc., cannot be tolerated,” stated the Court.
Background
The dispute centered around a temple and a religious leader, Swami Krishnanad. An Additional District Judge had issued an order preventing the petitioners, Bhanu Prakash Sharma and Bhagwan Das Gattani, from causing any harm to the idols and pictures of Swami Krishnanad. The temple, represented by its priest and next friend, accused Sharma and Gattani of damaging the photos-sculptures of Swami by applying sandal and writing different names on his photo.
Sharma and Gattani argued that they were being denied the opportunity to perform worship in the traditional manner, which involved applying sandal and writing spiritual names on Swami’s photo. The High Court acknowledged their right to worship and participate in religious activities at the temple, affirming that they should not be restrained from doing so.
The High Court emphasized that the district court had exercised its discretionary powers judiciously, ensuring fairness and equity in its rulings.
“The Appellate Court’s discretionary order aims to safeguard the idols and photo-sculpture from any potential harm caused by the defendants or others. The defendants, Sharma and Gattani, cannot exploit religious or spiritual sentiments to deface the photo-sculpture of Swami Ji by applying sandalwood paste or writing names,” the Court clarified.
Furthermore, the Court asserted that Sharma and Gattani retain the right to participate in temple worship and religious activities without undue restriction.
READ ALSO: Rajasthan High Court Asks Governor’s Intervention Over State’s Lethargic Response
“They cannot be barred from engaging in ‘Sewa-Pooja’ at the temple under the guise of the district court’s order,” the Court emphasized.
The order emphasized the importance of respecting religious and spiritual sentiments, allowing Sharma and Gattani to offer flowers or garlands to the idols and photo-sculpture of Swami Ji and partake in religious activities without causing any harm.
The Court mandated that the plantation must commence within four weeks, with both parties responsible for caring for these trees until the lawsuit is resolved.
“Annually, by the first week of July, both the plaintiffs and defendants must submit a compliance/status report on the planted trees, accompanied by photographs. Such actions will undoubtedly strengthen their reverence for God and the natural world crafted by the divine,” the Court decreed.
However, the court also emphasized that the defendants’ actions should not cause any damage to the idols and photo-sculptures. It stated that the district court’s order aimed to protect these religious symbols from harm. The court modified the previous order, allowing Sharma and Gattani to place flowers or garlands in front of the idols and photo-sculptures without causing damage.
READ ALSO: Rajasthan High Court Facilitates Fair Land Exchange for Farmer
To promote a constructive resolution, the court directed both parties to plant 25 trees each of indigenous varieties in and around the temple premises. This initiative aimed to preserve the heritage and foster a sense of responsibility towards nature. The court directed that the parties take care of these trees until the case is resolved, and file annual compliance reports along with photographs.
