The Supreme Court has concluded the hearing and reserved its order in the ongoing dispute between the Shvetambar and Digambar sects of Jainism over the management and administration of the renowned ‘Shri Mahavir Ji Jain Temple’ in the state.
A bench comprising Justice JB Pardiwala and Justice K. Vinod Chandran, while reserving its judgement in the matter, directed both parties to file written submissions within eight days.
During the hearing, referring to the religious sensitivity involved, Justice Pardiwala urged both parties to handle the issue with utmost caution. Appealing to both sides to end the litigation, he said –
This is a very sensitive issue connected to religious sentiments. Without hurting anyone’s feelings, do you expect the Shwetambar community to perform rituals in its own manner in the morning and the Digambar community to change the deity’s clothes in the evening and offer prayers in its own way? Why are you troubling the revered Lord? Why this unnecessary litigation in the name of one of the greatest saints to have walked this earth? Do you think this will make them happy?
What are the arguments of both sides?
Senior advocate Shyam Diwan argued that no change in the place of worship has been sought in this case, and therefore, the Places of Worship (Special Provisions) Act, 1991, does not apply here. He said that the case concerns only the management of the temple in the interest of the entire Jain community.
Senior Advocate Aryama Sundaram (for the petitioner-Digambar Committee) argued that the High Court should not have entertained the appeal because the proceedings had been concluded under the 1991 law.
Since the 1991 Act contains no provision for an appeal, the opposing party should have filed a writ petition. He also submitted that it is an established fact that control, possession, and management of the idol (deity), the temple, and its associated properties have remained with the Digambar Jain sect.
Know the complete legal dispute
The matter originated from an application filed under Section 40 of the Rajasthan Public Trusts Act, 1959. It sought the removal of the president and secretary of the ‘Digambar Committee’ (Prabandhkarini Committee Digambar Jain Atishaya Kshetra Shri Mahavirji), which was managing the temple, and the formation of a new management committee representing the Shwetambar sect.
