Madhav Lal Singh, Son of Late Mahadev Lal Singh v. State of Jharkhand through its Chief Secretary, having its office at Project Building, Dhurwa, P. O. & P. S. Dhurva, Ranchi, Jharkhand
2020-09-25
RAVI RANJAN, SUJIT NARAYAN PRASAD
body2020
DigiLaw.ai
ORDER : With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality. 2. The instant writ petition is by way of pro bono publico filed for the issuance of following directions :- (a) For re-opening of the Maa Chhinnamastika Temple, popularly known as Rajrappa Mandir in Ramgarh District by allowing the devotees to worship in regulated manner by following the standard of operating procedure issued by Respondent No.4 as the respondents may deem fit keeping in mind the increase of pandemic COVID-19 cases. (b) For any other writ, order, direction as the Hon’ble Court may deem fit and proper in the interest of justice. 3. Ms. Shruti Shrestha, learned counsel appearing for the writ petitioner has submitted that there is a temple of Goddess Durga known as Chhinnmastika Temple at Rajrappa in the district of Ramgarh and sought for a direction upon the State respondents for opening of temple for the public in general. She has submitted by making reference of the order dated 26.08.2020 passed by the Hon'ble Apex Court in S.L.P. (C) No.8716 of 2020 pertaining to opening of Baba Baidhyanath Temple wherein a direction has been issued upon the State respondents to consider for opening of the temple, in pursuance thereto, the State respondents have taken a decision on 28.08.2020 (Annexure-5 to the writ petition) wherein the State has taken decision to consider for opening of the religious places and the matter is still pending. Her contention is that Navratri is scheduled from 16th October, 2020 and as such, the State may be directed to take an early decision so that the people in general may perform puja of Goddess on the eve of Navratri in the temple in question. 4. On the other hand, Mr. Rajiv Ranjan, learned Advocate General, appearing for the State of Jharkhand has submitted that as per the order passed by the Hon'ble Apex Court in S.L.P.(C) No. 8716 of 2020, the State has constituted a Committee to take decision with respect to opening of temples in the State of Jharkhand and the Committee is likely to consider the cases of each and every temple and submit a report in this regard.
Upon which, learned counsel appearing for the petitioner has submitted that considering the urgency of the matter since Navratri will begin from 16th October, 2020, the State may be directed to take an early decision. 5. This Court, after having heard learned counsel for the parties and looking to the order passed by the Hon'ble Apex Court in the case of Nishikant Dubey v. Union of India & Others (S.L.P.(C) No. 8716 of 2020), has found that the decision with respect to opening of temple has been left upon the decision of the State authorities. The Hon'ble Apex Court left the matter entirely upon the wisdom of the State Authority of opening of temples, mosque, church etc. However, as has been submitted by learned Advocate General, a Committee in pursuance to the order passed by the Hon'ble Apex Court has already been constituted for taking decision for opening of temples and other religious places. Since the State has already constituted a Committee for taking decision in this regard, it would not be proper for this Court to issue any command upon the State respondents to open the temple in question as has been prayed in the instant writ petition. Since the State respondents have already constituted a Committee for the purpose, therefore, it would be appropriate for this Court to direct the State authorities to take decision at an early date as Navratra period would be starting soon. At this juncture, learned Advocate General has submitted that such decision would be taken in the coming week. In view thereof, this writ petition is disposed of by directing the State of Jharkhand to take appropriate decision within two weeks after taking into consideration the report of the Committee. However, this is made clear that this Court cannot give a positive direction either to open or not to or when to open temple as the decision is to be taken by the competent State Authority. 6. The instant public interest litigation is disposed of with the above direction.