A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya added that it is up to the devotees to observe discipline themselves.
Unless there is discipline, no amount of regulation by the authorities would work, the Court added.
The Chief Justice also cited examples of temples in Kerala and the discipline observed by devotees visiting temples in the south-western State.
“You visit temples in Kerala, you will see discipline. There have been reports on even the former Chief Minister went in the line. Discipline lies here,” the bench underlined.
The public interest litigation (PIL) petition before the Court sought guidelines for devotees to offer their prayers and pour water on the Shiva Linga as there is a footfall of nearly 4 lakh people daily at the Jalpaiguri temple.
Chief Justice Sivagnanam, however, pointed out that the existence of a ‘crowd’ cannot be an excuse for devotees to resort to indiscipline.
The Chief Justice cited the example of the Tarakeshwar temple, where lakhs and lakhs of people visit without any untoward incident.
“I have spoken to local authorities there and they proudly said that even during festivals there hasn’t been a single incident. There, unlike Kashi Viswanathan, people are allowed to go in a line and pour their water on the Shiv Linga. In Kashi that is done through a channel. In a PIL how can we decide this?” Chief Justice Sivagnanam asked.
The bench emphasised that it is the ‘mindset’ of the devotees, that would help ensure there is no law and order situation.
“Unless there is a mindset for the people and the devotees to fall in line, they will not. You may take thousands of steps. Go to South India, for instance, in Tirumala, there is no regulation over there. During festivals, it takes devotees at least 72 hours to reach the shrine. Therefore, the discipline should be with the devotees. If you are undisciplined and all of us are undisciplined, what amount of police, what amount of regulation – nothing would work,” the Chief Justice underscored.
It is the mindset of the people that matters, the bench stressed.
“We cannot be saying ‘you do this, do that, don’t put a barricade or don’t regulate.’ This law and order, regulation of the crowd must be best left to the temple committee,” the Chief Justice added.
The Court further noted that the temple committees in charge of temples must be ‘open-minded’ and consider suggestions of the devotees.
“At times, committee members think themselves higher than the deity, higher than the lord itself. This should not happen,” the judges opined.
Source: Barandbench
