NARAYAN CHANDRA BHATTACHARYA v. PANDA AND PRIESTS (PUROHIT) RAJ IN TARAKESHWAR TEMPLE
2007-03-21
BISWANATH SOMADDER, PINAKI CHANDRA GHOSE
body2007
DigiLaw.ai
( 1 ) THIS is a writ petition on the basis of a complaint made by one Sri narayan Chandra Bhattacharya, learned Advocate regarding the harassment and trouble that he had to suffer at Tarakeswar Temple that was directed to be treated as "suo motu petition" and the matter was put before the Hon'ble Division Bench and this matter is being taken up by the Hon'ble Division Bench as the Public Interest Litigation. ( 2 ) PURSUANT to the order passed by the Hon'ble Court the affidavits were filed in this matter on behalf of the Tarakeswar Estate, Tarakeswar tirthajatri Pradarshak Sangha, Tarakeswar, Hooghly and further an affidavit has been filed by one Khagendra Nath Chattopadhyay of Tarakeswar purohit Mandal. ( 3 ) WE have perused the affidavits as well as the petition filed by the petitioner. ( 4 ) IT is the case of the petitioner that the petitioner alongwith the family members visited the Tarakeswar Temple on 17th September, 2006 to offer puja on the auspicious day. He was manhandled by the Pandas/ purohits who demanded money from him. ( 5 ) HE further claimed that the extortion of money by such illegal activities of the said Purohits/pandas and others should be stopped immediately. ( 6 ) IT was further suggested that the devotees while waiting in the queue for offerings are regularly harassed by persons called Pandas/ purohits who extort money from the innocent devotees. It is further complained that the devotees are harassed and troubled by the 'antisocials' representing and/or claiming themselves as Pandas and/or the purohits of Tarakeswar Temple. It is also alleged that some of the members of Tirthajatri Pradarshak Sangha (hereinafter referred to as the said sangha) also harassed the devotees and asked the devotees to take help from them so that they can reach the Purohits of the Temple. By such representation they also extort money from the devotees. ( 7 ) THE action of the said people ruining the sanctity of the Temple and the locale of Temple has become unsafe for the devotees in general. Notices were issued and the representatives of the Trustees and the said sangha and Tarakeswar Purohit Mandali appeared before us and filed their affidavits.
( 7 ) THE action of the said people ruining the sanctity of the Temple and the locale of Temple has become unsafe for the devotees in general. Notices were issued and the representatives of the Trustees and the said sangha and Tarakeswar Purohit Mandali appeared before us and filed their affidavits. ( 8 ) AFTER hearing the learned Counsel for the parties including the petitioner in person and the suggestions that have been given by the learned Counsel on behalf of the Tarakeswar Estate and the Tarakeswar purohit Mandali as well as on behalf of the Tarakeswar Tirthajatri pradarshak Sangha, we feel that the sanctity of the shrine has to be maintained properly and the Trustees are directed to keep the sanctumsanctorum (Garbho-Griha) absolutely clean. ( 9 ) WE also direct the Trustees to make proper security arrangement so that no devotee is harassed or troubled in any manner whatsoever. ( 10 ) IT is submitted on behalf of the Trustees that the-Tarakeswar shrine is a great religious institution to which million turns with reverence and it is a Public Charitable and Religious Trust. ( 11 ) IT appears that the title suit was instituted in the Court of the learned District Judge of Hooghly being Title Suit No. 28 of 1922 (which was finally decided by the Privy Council) for settlement of a dispute with regard to the Authority of the Mohunt of the Tarakeswar Math and a Scheme was framed by the said learned Court in terms of Section 92 of the Code of Civil Procedure for the Management of the Tarakeswar Math and its estate. ( 12 ) THE said Scheme provided for appointment of a Committee of management to exercise and supervise the control over the Management and the Estate which was to vest in the Mohunt as the Public Trust, the liberty was given to the Mohunt or the Committee. In case of any difficulty or the dispute arises, to apply before the District Judge for his direction. ( 13 ) IT is further submitted that the said entire Estate is run by Mohunt maharaj under the supervision of the said Committee.
In case of any difficulty or the dispute arises, to apply before the District Judge for his direction. ( 13 ) IT is further submitted that the said entire Estate is run by Mohunt maharaj under the supervision of the said Committee. ( 14 ) IT is further submitted that the Puja performance of the deity (Lord Shiva) and all divine service of the deity is performed by the Chief priest and Mohunt Maharaj four times daily in 24 hours starting from 'mangal arati' from 4. 30 a. m. to 6. 00 a. m. , then 10. 30 a. m. to 11. 45 a. m. The third phase of puja is performed from 3. 30 p. m. to 4. 30 p. m. and fourth phase is from 6. 00 p. m. to 7. 30 p. m. respectively. ( 15 ) IT is further submitted that apart from the said daily Seba Puja performace of the deity, Lord Shiva (Baba Taraknath), the devotees are allowed to enter into the sanctum-sanctorum (Garbho-Griha ). ( 16 ) IT is further submitted that the devotees are bound to purchase ticket from the Office of the Estate within the Temple Complex at the rate of Rs. 21/- for entering into the sanctum-sanctorum (Garbho-Griha ). ( 17 ) IT is further submitted that the Estate never indulges any such activities of the Purohits which is contrary to the ethics. of Purohit. ( 18 ) IT is further submitted that after the complaint was lodged by the petitioner, steps were taken accordingly against the person who is a member of the Tarakeswar Purohit Mandali and he has already been suspended for a specific period. ( 19 ) IT is further submitted on behalf of the Tarakeswar Purohit Mandali that who wants to act as such purohit he has to apply for licence and then the Estate will grant the licence to him to act as such purohit. ( 20 ) IT is also submitted by Mr. Lahiri, learned Advocate appearing on behalf of the Trustees that the Estate is against this extortion of money by some people without any authority and they are eager to have the judicial intervention in order to stop the illegal activities on the part of the said Purohit or the Tarakeswar Tirthajatri Pradarshak Sangha etc.
Lahiri, learned Advocate appearing on behalf of the Trustees that the Estate is against this extortion of money by some people without any authority and they are eager to have the judicial intervention in order to stop the illegal activities on the part of the said Purohit or the Tarakeswar Tirthajatri Pradarshak Sangha etc. ( 21 ) AFTER hearing the learned Counsel for the parties and after considering those facts, we direct the Committee of Management of the said Estate not to allow any person to act as such Purohit without any licence and furthermore, the Committee of Management must take immediate steps in the matter to stop this extortion of money from the devotees in any manner whatsoever. If necessary, the Estate shall deploy the security arrangement properly so that no devotee is harassed or troubled by any person within the said Estate in any manner whatsoever. ( 22 ) WE further make it clear that if there is any difficulty arising, the committee of Management and/or the Trustees shall take the necessary help from the Police Authorities and the Police Authorities are directed to extend their full co-operation and assistance to the Committee of management to maintain peace and further look into the matter and will not allow anybody to misbehave within the temple premises or even outside. ( 23 ) IT is submitted before us by Mr. Chatterjee, learned Advocate appearing for the said Sangha that no one shall in any manner whatsoever harass or trouble the devotees and/or the persons who are likely to visit the Tarakeswar Temple by demanding money from the said devotees. ( 24 ) WE further make it clear that any member of the said Sangha if wants to extend their co-operation and help to the devotees, they must apply before the Estate, the Committee of Management who, in turn, after scrutinising the application, allow them to extend co-operation to the devotees. ( 25 ) WE further make it clear that in no way members of the said sangha shall be allowed to extort money in any manner whatsoever from the devotees.
( 25 ) WE further make it clear that in no way members of the said sangha shall be allowed to extort money in any manner whatsoever from the devotees. The said Sangha and the Committee of Management and the Trust after discussing the matter amongst themselves, shall fix a minimum amount which they will be permitted to collect from the devotees so that no devotee can feel that they are harassed or troubled by any member of the said Sangha. ( 26 ) WE further direct the District Magistrate, Hooghly to ensure that no extortion of money is to be allowed by any person at the said temple premises as well as in and around the said temple from the devotees in any manner whatsoever. Hence, with the above observations, we dispose of this writ petition accordingly. .