'Unfortunate Fight In God's Name' : Supreme Court On Legal Fight Between Factions In Himachal Temple Committee

The Supreme Court will consider the issue whether High Courts under the jurisdiction of S. 482 CrPC can pass directions in relation to the management of temple affairs and the placement of idols. 

The bench of Justice Vikram Nath and Justice KV Viswanathan was hearing a challenge to the Himachal Pradesh High Court's order, which gave directions for shifting centuries-old Durga Idol to the newly constructed temple complex while hearing a matter under S. 482 petition. 

S. 482 CrPC states, "Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."

Sr Advocate K Parameshwar, appearing for the petitioner, informed the bench that the High Court passed an order while exercising powers under S. 482 CrPC in a dispute relating to centuries-old Maa Durga Idols which were shifted to a make-shift temple during to renovation of the old temple. He added that the temple committee made a new temple altogether and installed new idols there. 

"We have 120 villages before your lordships, in exercise of 482 jurisdiction- it says change the nature of the newly made temple in 482 jurisdiction." He stressed. 

Parameshwar further clarified that between the two factions handling the temple, an FIR was filed against one of the persons from the other faction (the temple committee), alleging that the ancient idol of Durga was stolen.

"There is a fight between the so called original founders of the old temple and the Committee in which we are" He added. 

He explained that one of the factions reached out to the magistrate over an alleged breach of peace. The magistrate said that there cannot be a criminal case over the issue of temple management and asked them to file a civil suit. 

Subsequently, a new temple is created and new idols have be placed there after the pran prathishtha ceremony by the consent of the villagers. 

It is against order of the magistrate, that the complainants filed a 482 Petition before the High Court. Parameshwar further clarified that during the petition hearing, both the factions compromised on that fact that while the new idols continue to remain in the new temple, the ancient idols will also be placed in the same temple after a fresh pran prathishtha ceremony in the Navaratras of 2023 which was also recorded in the order of the Court dated October 13, 2023. 

While an affidavit was filed agreeing to comply with this, the respondents filed an application seeking a modification of the earlier compromise and order dated October 13, 2023. 

Now in the impugned order, the High Court directed that "one separate temple having minimum dimensions of 10x10 feet of length, width and height on the first floor in the vacant northern side of the main temple “Garabh Greeha”, be constructed in the newly constructed temple complex and the new idols, which are three in number, be kept there with due regard and honor in terms of the order dated 13.10.2023." 

Notably,  the order of October 2023 was then challenged before the Supreme Court,  which was however dismissed as withdrawn on April 30, 2024.  

The Counsel for the Respondents, Advocate Ajay Marwah, however, objected to the submissions and said that the facts placed before the present bench are distorted. He submitted that one of the persons from the committee got the ancient idols stolen and replaced them with new idols in order to gain control over the new temple. 

"The temple had several hundred years old idols, the temple was underconstruction and idols shifted to make shift temple, then this person from the committee stole the idols and replaced with 3 new idols.....he only got new idol made because he wanted authority over the temple." He said 

The counsel requested that since there is a festival of Devi Durga from 29th-31st May,  the temple be allowed to be opened for everybody for an hour on the festival dates. 

Refusing to pass any such direction, Justice Nath said "Talwar chalaiye waha par...bhagwan ke naam par aur kuch nahi karna hai, bas ladai karna hai ! it's very unfortunate, No." 

The bench further asked the Counsel to approach the Special General Meeting (SGM) for deciding on opening the temple for the festivals.  The bench also directed to continue the interim stay order on the impugned judgment which was passed on January 10. 

The matter will now be heard May 20.

Case Details : ARPIT KHODA vs. STATE OF H.P.| SLP(Crl) No. 000838 - / 2025