Holding

The Court does not interfere with the substance of religious ceremonies but may order preventive conservation steps, and the temple committee must implement the expert committee’s recommendations to protect the lingam.

Summary

The Supreme Court heard an appeal concerning the erosion of the Mahakaleshwar Jyotirlinga lingam at Ujjain, allegedly caused by water, impure puja offerings and inadequate maintenance. The Court clarified that it does not interfere with the manner of religious rituals but may order preventive conservation measures to protect the deity. It directed the temple management committee to implement the recommendations of the expert committee (ASI and GSI), including limiting water use, installing RO plants, restricting offerings, improving drainage, cleaning, and creating a heritage cell. The Court also warned against misrepresenting its orders on notice boards. The appeal was disposed of.

Issues considered

The Court's jurisdiction to prescribe or interfere with religious rituals performed in a temple
Whether the Supreme Court can direct specific conservation measures for a religious monument
The validity of the notice board statements claiming the Court's interference in rituals
The duty of the temple management committee to implement the expert committee's recommendations
The constitutional obligations under Articles 25, 26, 49 and 51A to preserve religious heritage

Legislation cited

Constitution of Indias. Art. 14, s. Art. 142, s. Art. 15, s. Art. 25, s. Art. 26, s. Art. 27, s. Art. 49, s. Art. 51A

Subjects

religious monument preservationlingam erosionpreventive conservationConstitutional dutyArticle 25Article 26heritage cellASIGSItemple managementreligious freedom

Judgment

634 [2018]REPORTS
SUPREME COURT 4 S.C.R. 634 [2018] 4 S.C.R.

A SARIKA
v.
ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR
COMMITTEE, UJJAIN (M.P.) & ORS.
B (Civil Appeal No. 4676 of 2018)
MAY 2, 2018
[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]
Religious monuments: ‘Lingam’ at ancient Mahakaleshwar
Jyotirlinga temple in the Ujjain – Erosion of lingam caused by
C
water and other impure puja materials like sugar, ghee, milk and
curd etc. – Protection and preservation of lingam – Writ petition
and application seeking directions for preservation of lingam
and appointment of Expert Committee – Constitution of Expert
Committee of ASI/GSI by this Court to submit a report on
D deterioration of Lingam and its conservation – Submission of
suggestions, recommendations and remedial measures by Expert
Committee – Pursuant thereto, temple committee passed few
resolution to protect and preserve the Lingam – Report of the
Expert Committee and the resolutions – Thereafter, notice
displayed on the notice board by the managing committee of the
E
temple indicating that this Court had directed the manner in
which the religious ceremonies have to be performed in the temple
– Held: Misrepresentation was being made with respect to the
order passed by this Court – There is no interference on merits or
with the religious rituals to be performed in the temple during Pooja
F – All the necessary rituals may be performed however to ensure
that the Lingam does not deteriorate any further – Puja to be
performed in such a manner befitting to the deity – Remedial
measures should be taken as suggested in the report – Conservation
be carried out with the help of conservator and experts of ancient
architecture – Resolutions made by temple committee to be
G
implemented – Temple Committee to decide the rituals, material used
as also prepare/manufacture the offering material in the purest form
– ASI/GSI teams to submit report and improvements made –
Constitution of India – Art. 25, 26 rw Art. 49, 51A.

H
634
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 635
MANDIR COMMITTEE, UJJAIN (M.P.)

Constitution of India: Art. 25, 26 read with Art. 49, Art. 51A A
– ‘Lingam’ at ancient Mahakaleshwar Jyotirlinga temple in the
Ujjain – Erosion of lingam caused by water and other impure
puja materials – Protection and preservation of lingam – Held:
Mahakaleshwar Jyotirlinga has so much importance for spiritual
and other gains – There is a constitutional and fundamental duty
B
to protect it, to promote harmony and spirit of brotherhood and
to value and preserve the rich heritage of our composite culture
– There is a constitutional obligation to preserve the religious
practices of all religions, culture and there is also a corresponding
duty to act in that direction – State duty bound to spend the amount
so that not only the archaeological, historical and ancient C
monuments are preserved but sanctum sanctorum, as well as deity
is preserved.
Disposing of the appeal, the Court
HELD: 1.1 Misrepresentation was being made with respect
to the order passed by this Court and unrest was tried to be D
created on the ground that this Court is interfering with the
religious rituals to be performed in the temple during Pooja. Thus,
it is clarified that this Court has not interfered with the same.
Said direction holds good for this order also and to be scrupulously
observed by all concerned. The only objective of entertaining E
the writ petition was just to ensure that all the rituals which may
be necessary be performed however to ensure that the Lingam
does not deteriorate any further. [Para 30] [744-D-E]
1.2 There is a decay of the Lingam and certain damage has
been noted by the Expert Committee. Negative factors have also F
been pointed out in extensive details. Activities regarding the
daily cleaning of temple premises, gaushala, Vedic samsthan,
mandir, rasoi of the temple etc. have been pointed out. The study
has been done by Spectroradiometer, portable XRF studies, water
analysis, ash analysis, the extent of weathering etc. Various
suggestions and recommendations had been made including the G
remedial measures. It has been noticed in the report of the experts
of the ASI and GSI that deterioration of Lingam has taken place
during the last 40 to 50 years. The deterioration is continuous in
nature and can be managed with remedial measures. [Paras 31, 32]
[744-F-G; 745-A-B] H
636 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 1.3 The water analysis of the temple premises used in the
Jalabhishekam is highly alkaline in nature and pH value ranges
from 8.4 to 8.7. Various other causes have been delineated in the
report of the experts. In all 24 causes have been given. Milk
particularly contaminated one, sugar, leaves, petals and flowers,
poor drainage sanitation and water spillage, use of the water should
B
be minimum. Rubbing of jaggery/sugar powder should be
restricted or minimized. Use of a lot of flowers and leaves also
keeps the Jyotirlingam wet all the time and hinders natural
breathing of the stone of Jyotirlingam. Use of metal buckets, pots,
utensils also causes abrasions to the Lingam. If possible entry of
C devotees in Garbh Griha should be limited. Garbh Griha should
be kept dry and clean. There should be proper air circulation in
Garbh Griha. Arrangements for disposal of waste may be improved
and should be made more effective. Since scientific/chemical
treatment may not be acceptable, preventive conservation
methods may be helpful to keep the Jyotirlingam in the best of
D
its conservation state. Considering the historical importance of
the premises, use of modern materials in the premises should be
avoided so as to maintain the antiquity. There is a need to identify
the sculptures and they are required to be properly documented
and identified. Remedial measures should be taken as suggested
E in the report. The conservation be carried out with the help of
conservator and experts of ancient architecture. [Para 34, 35]
[745-B-G]
1.4 There should be proper disposal of temple garbage and
it should be ensured that it does not contaminate the Kotiteerath
F Pond. Better use of flowers would be that they are recycled for
the production of scent/itra. For that project may be prepared by
the administration with the help of concerned bodies or on the
basis of PPP. Cleaning methods should be modernized. [Para 36]
[746-A-B]
G 1.5 It is apparent from the response of the Committee filed
pursuant to the order dated 25.8.2017 of this Court that the
Committee has agreed to save the Lingam by minimizing the
flowers and offerings material. It has also been resolved that the
Temple Committee shall install an RO plant to maintain pH value
of water at 7 and devotees should be allowed to use minimum
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 637
MANDIR COMMITTEE, UJJAIN (M.P.)

water. Temple Committee has also resolved that during Bhasma A
Aarti also they will take appropriate steps which may be
permissible. As permissible, use of ghee, milk, curd, and honey
shall be restricted per devotee. These materials shall be of ISI
standards. Lingam shall be properly cleaned and dried after Puja.
Expansion of drainage system was under process and be
B
completed at the earliest. Rubbing of sugar powder on the Lingam
shall be banned. It would be ensured that there is no harm caused
to the Jyotirlingam. There is a management plan to permit limited
devotees at one time in Garbh Griha so that there is no stampede.
They are ready to maintain the temperature of garbhgriha from
17 to 20 degree Celsius. There should be more air conditioners. C
Damaged area of marble flooring and sealing of joints shall be
repaired. Provision has to made for proper circulation of air in
garbh griha. Arrangements for disposal of wastes have to be
improved. [Para 37] [746-B-E]
1.6 Preventive conservation methods shall be used by the D
Committee. Efforts shall be made to preserve the originality and
antiquity of the temple. They have to also ensure that they would
undertake necessary steps for saving structure and life of
devotees during Nagpanchmi. A plan in this regard be prepared
within two months. It is also directed that let them make an effort
for the preservation of historical monument the new development E
work if any, should only be made to match with ancient nature of
the temple so that its heritage look is maintained. As to the
recommendations of the report of the Experts Committee, same
have been accepted by the Committee. The Committee to
implement the recommendations as agreed to and resolved by F
it. Considering the national and international importance, Temple
Committee has rightly resolved to create a Heritage Cell for
maintenance and restoration of the old temples and structures
inside the premises. Such cell be created at the earliest. [Paras
38, 39] [746-F-H; 747-A-B]
G
1.7 In compliance of the order dated 13.10.2017 the
Committee has passed various resolutions accepting various
recommendation of the Expert Committee. The Expert
Committee of ASI and GSI has filed response to the various
resolutions passed by the Committee. The Expert Committee
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638 SUPREME COURT REPORTS [2018] 4 S.C.R.

A has also agreed with most of the resolutions. However, it has
made certain suggestions which are to be considered by the
Committee and implemented in best possible manner. [Para 40]
[747-B-C]
1.8 Expert Committee suggestion in respect of Kotiteerath
B Pond water to be treated periodically and to ensure that the
rainwater of temple premises, as well as drainage water from the
temple premises, should not be drained into the pond and
contaminate the Kotiteerath Pond, has to be implemented in true
spirit. [Para 41] [747-C-D]
C 1.9 Committee of expert has also suggested that rubbing
of any offering by devotees may be stopped. Devotees may be
allowed to offer their offerings symbolically but not to be allowed
to rub any material over the Lingam. The Committee to consider
the said aspects and to ensure that as far as possible no rubbing
is done by the devotees on the Lingam or by any material. The
D Committee also pointed out that no new significant construction
to be carried out in the temple premises except the smooth
passage in the premises is concerned, the resolutions be carried
out and fully implemented as resolved by the Committee on time
bound basis for different stages within one year. [Para 42]
E [747-D-F]
1.10 With respect to the method of “lingarchan”, method
of linga pooja, the 27th chapter of “Ling Mahapuranm” has been
placed on record. Pooja of different lingam may be somewhat
different. It is for the experts in the field of religion to decide
F about the rituals and ceremonies to be performed. It is not for
this Court to make suggestions in this regard. [Para 43]
[747-G-H]
1.11 It is not within the jurisdiction of this Court to dictate
or to prescribe or restrain the religious practices and Pujas to be
G performed in temple. They are required to be performed, in
accordance with the ancient rituals and practices but, at the same
time, it has to be ensured that no damage is caused to the lingam.
The temple which is known as Mritunjaya Mahadev and is most
ancient Jyotirlingam in one of the ancient cities of India, Ujjain.
‘Simhast’ is also organised 6 years and 12 years which has
H international importance visited by several millions of people.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 639
MANDIR COMMITTEE, UJJAIN (M.P.)

The Government spends thousands of crores of rupees for A
development of infrastructure in Ujjain for each such occasion
and lot of development has taken place. Owing to all the
development work, Ujjain has come up. But at the same time
very cause of all developments, the Lingam requires to be
preserved, protected by way of preventive conservation methods.
B
[Para 44] [748-A-C]
1.12 In order to ensure purity of pooja materials and to
prevent further erosion of Lingam it would be appropriate and
fitness of things that a plan is prepared regarding the entire
offering materials on the lingam to be manufactured and provided
by temple itself as is done in several famous temples in the C
Southern part of India and other places. By pouring the adulterated
Milk, Ghee, Kumkum, Gulal, Abir containing chemicals due to
adulteration is improper and cannot be permitted to be part of
the ritual. Lingam cannot be permitted to be destroyed by chemical
reactions of impure materials or by pouring of the dirty water D
such acts of offerings cannot be allowed and as are done
innocently by the people unaware of ill effect on lingam. Had
devotees been aware of all these, adverse effect of their Puja on
the Lingam of their God itself of which they are performing Puja
, they would not have even dreamt of doing it. The Temple
Committee and other stakeholders to take positive steps in this E
direction in reasonable time. [Para 45] [748-D-F]
1.13 Use of Bhang (cannabis) has been started in recent
past, approximately for the last 50 years and that is one of the
causes of erosion as per the petitioner. Earlier it used to be offered
symbolically. It is for the Temple Committee to decide on these F
rituals and which material to be used by it and in which quantity
for purpose of Puja by Temple and for how much time, in what
manner Bhang should be applied and in what rituals. The
Committee to consider it with help of scriptures and experts.
How its use can be best modulated by the Committee itself, G
considering past practices, as the ultimate duty of Committee is
to make preservation of the Lingam itself for its existence and
for that it has to consider and adopt what is the best mode of
performing the rituals, what are the materials which should be
used and in what quantity but it has to be ensured that the
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640 SUPREME COURT REPORTS [2018] 4 S.C.R.

A materials are not impure and are without such chemicals which
may cause erosion of the lingam itself otherwise the very purpose
of Puja would be defeated. [Para 46] [748-G-H; 749-A-B]
1.14 Puja is to be performed in such a manner which should
be befitting to the deity and not to cause erosion itself of lingam
B for which so much infrastructure exists. Lingam is known as
‘Mrityunjaya Mahadev’, who prevents from destruction, it cannot
be permitted to be destructed. Lingam cannot be permitted to
be exploited in a manner it is destroyed. If one believes in the
concept of real pooja, such Pooja is to be performed by pure
materials as purest of thoughts. No spiritual or other gain can
C come if Puja is performed in a manner which damages the deity
itself as that would amount to displeasing the saviour. That would
be against the basic tenets of performance of Pooja and of making
offerings. [Para 47] [749-E-F]
1.15 The Temple Committee to invite and consider various
D views for further improvement of the temple. The Temple
Committee to make an endeavour along with other stakeholders
to prepare/manufacture the offering material in purest of the form
and by such time it becomes a reality to make an arrangement in
such a manner that only pure and unadulterated materials are
E offered in pooja on Lingam. No impure and adulterated material
is offered in Puja and the resolutions made by the Temple
Committee are scrupulously observed by all concerned. [Para
48] [749-E-F]
1.16 A concrete plan be made by the Committee for further
F improvement including its Gaushalas. The existing Gaushala and
kitchen be improved and modernize and for that purpose, in case,
additional land is required, plan be prepared and implemented
with the help of all concerned so that temple becomes self-sufficient
to provide all pooja material based on milk product etc. [Para 49]
[749-F-G]
G
1.17 The decision by the Single Bench has rightly been set
aside by the Division Bench for the various reasons mentioned
in the order and in particular in view of the fact that in the
impugned order the Division Bench has relied on decision in
Ramchandra Mangilal & Ors. v. State of M.P. which had been
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 641
MANDIR COMMITTEE, UJJAIN (M.P.)

affirmed by this Court. Hence no case for interference on merits A
is made out. [Para 50] [749-G-H; 750-A]
1.18 The ASI/GSI teams that has visited and had submitted
the report to make a visit in January 2019, is directed to submit
a report with respect to the position of the lingam and
improvements made as per suggestions made in the report. [Para B
51] [750-B]
1.19 There should not be any misreporting of the Court’s
order, as specified in the order dated 30.11.2017. Any violation
on this count shall be viewed seriously and sternly with
appropriate consequences, wherever necessary. It is hereby made C
clear that this Court has not interfered with religious ceremonies
to be performed in the Temple. [Para 52] [750-C-D]
Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002)
7 SCC 368 : [2002] 2 Suppl. SCR 266; Prafull Goradia
v. Union of India 2011 2 SCC 568 : [2011] 1 SCR 579; D
Transport & Dock Workers Union v. Mumbai Port Trust
(2011) 2 SCC 575 : [2010] 14 SCR 873; Shantistar
Builders v. Narayan Khimalal Totame (1990) 1 SCC
520; P.G. Gupta v. State of Gujarat & Ors. (1995) Supp
2 SCC 182 : [1994] 6 Suppl. SCR 628; Ramchandra E
Mangilal & Ors. v. State of M.P. ILR (1991) MP 444 :
(1987) MPLJ 668 – referred to.

Case Law Reference

[2002] 2 Suppl. SCR 266 referred to Para 10 F

[2011] 1 SCR579 referred to Para 12

[2010] 14 SCR873 referred to Para 13

(1990) 1 SCC 520 referred to Para 14 G

[1994] 6 Suppl. SCR 628 referred to Para 14

ILR (1991) MP 444 referred to Para 50

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642 SUPREME COURT REPORTS [2018] 4 S.C.R.

A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4676
of 2018.
From the Judgment and Order dated 27.10.2016 of the High Court
of M.P. at Indore.
Tushar Mehta, ASG, A. K. Chitale, Ms. Vibha Dutta Makhija, S.
B B. Upadhyay, Sr. Advs., Niraj Sharma, Divyaknt Lahoti, Sumit Kr.
Sharma, Ms. Amrita Grover, Vijay Prakash, Rajat Nair, Arvind Kumar
Sharma, Mrs. Anil Katiyar, Rohit K. Singh, Arjun Garg, Mukesh Kher,
Priyank Kher, Bipin Kumar Jha, Atishi Dipankar, Neeraj Shekhar, Sumit
Kumar, Animesh Kumar, Ashutosh Thakur, Advs. for the appearing
parties.
C
The Judgment of the Court was delivered by
ARUN MISHRA, J. 1. Leave granted.
2. The petition pertains to famous Mahakaleshwar temple, Ujjain.
The appellant has impugned the judgment and order passed in Writ Appeal
No.37/2014 by the Division Bench of the High Court of Madhya Pradesh
D
at Indore thereby setting aside the order passed by the Single Bench on
4.12.2013 in W.P. No.10712 of 2013.
3. Mahakaleshwar is an ancient temple of Lord Shiva. In order
to understand the importance of the Lingam it is necessary to consider
it, in brief, the history of Mahakal – Shiva, worshipping of statues and
E Lingam, origin of Mahakal, same as defined in scriptures etc. as pointed
out in the reply of Mahant Prakash Giri of Shri Panchayati Akhara
Mahanirvani is as under:
“BRIEF HISTORY OF MAHAKAL SHIVA
Since ancient times in Hindu culture definitions are found
F
in name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly,
the Vedas are the only authentic and well-being book of Hindu
religion, when and where it was created it is matter of search.
But it can be said that at least 5000 years ago, it was in
complete existence.
G Shiva is the instrument of discussion in Veda Mantras,
but that discussion is on shapeless god. Somewhere nature’s
body is also addressed by various names of Shiva, part of
Vedic treatises of the Swaithashwar influx, it has been
discussed by the ‘Sweth’ sage on the basis of the Vedic
H Mantras in the spiritual form of Shiva.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 643
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

As briefly stated, [Abstract from Swaithashwar influx] : A
The creator treats himself and all the controlling Divine powers
differently, therefore, it remains entangled in the creation of
universe [In the enjoyment of nature] And when that
incomparable divine power is experienced, then attain
liberation, that is salvation.
B
Indestructible or destructible, visible and not visible it
nourishes the divine (the supreme power) of this whole world,
the creature attracted to the qualities of nature, treating
himself as his boss, stays in the same nature, and when that
creature is experiencing that divine, attracted by the qualities
of nature, creatures [Jeev] keep himself tied by the attribute C
of the same nature, and when that creature experiences that
divine, then he is exempted from all bondage.
The destructive staple and indestructible life-force is
formulated by a god called ‘Har’, with the thought of its
contemplation, and by the feeling of its element, the person D
achieves the retirement of the cycle (nature) of the
reincarnation after liberation.
Braham in the soul should forever be known, there is no
more known qualified entity than this, the creator (creature),
the usable material (nature), and the inspiration (God), this E
is the only way Brahma said in three ways.
While commenting on this stanza, ‘Shankaracharya’ has
written with the reference of Shiva, that performers [Yogi]
see Shiva’s not in idols but in soul, a person who relinquish
Shiv from his inner soul to worship outer Shiv, he feels as if F
he has dropped his hands morsel (Food yoga substance) and
licks his empty palm, as the blind person can’t see the rising
sun, in the same way, the uneducated person can’t view the
calm form of Shiva. The person who view the omniscient
(everywhere present) calm form of Shiva, Shiva resides in his G
heart, but those who can’t see Shiva located in their souls,
those people use to search him at pilgrimage place. In the
interpretation of this stanza, it is written with reference to
Vishnu Purana that’s the goal that is proven by the mind’s
axiomatic (complete) Inconsistent (Due to meditation and
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644 SUPREME COURT REPORTS [2018] 4 S.C.R.

A distinction between patience) the form is assumed, it is called
a Samadhi.
The power called a Rudra is governed by the entire
Universe, it is situated within all the organisms and creates
the entire universe (many planets located in space and space),
B protects them and destroys (destruction of the universe) means
it merges in itself. Rudra Dev originates all the creation and
creatures.
Nature is to be known as illusion and Maheshwar as
Elusive this entire world (universe) is the Action Format of
C both of them.
At the beginning of creation by becoming one [supreme
power] and being special by its power without any purpose
many types of characters [Special form] holds and in the end
the world dissolves in it and same supreme power provide
D pure intelligence.
Supreme power is the fire, the same sun, the same air, the
same moon, the same Venus, the same Brahma, the same water,
and the same is Prajapati. Dev (supreme power) exists in fire,
which is in water, and is occupied (everywhere) in the entire
E universe and which is present in the Medicine and the
vegetation also that god (God). This soul is neither a woman,
nor a man, nor an important, the one who holds the body
remains the same.
The supreme power, (the power that exists everywhere),
F that power is the form of knowledge, which is the power time
(time). Who is the virtuous and Omniscient [all knowing]
Inspired by that the earth, water, fire, air, and sky, established
In their own deed, keeps interaction, think of that supreme
power. Head-Neck-and chest keeping the body together, by
controlling all the indices by concentrating peace of mind,
G strengthen the meditation while uttering the sound ‘Om’.
To control the mind, do pranayama. These actions are to
be held at quiet, secluded, and in a clean place.

H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 645
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

In this way, where ever Yogi does Yoga, the Yogi experience A
the Brahma Tattva (God) with the illuminating self, similar to
the lamp, That yogi is free from all unborn, steady, and all
elements, he releases himself from all bounding by knowing
that God.
Thus, from this brief description of Shvetashwar B
Upanishad, it can be understood that the Shiva as described
in Veda, he is the only creator of the Universe, is rearing the
universe, is also the destroyer, spreads everywhere known as
power form of formless God.
It is submitted that Vedas are the foundation of Hindu C
religion, all types of basic knowledge and science are
available. This is the first knowledge book of the universe,
on basis of this Vedas, all Purans and Hindu texts are written
or spoken, now it can be seen brief form of Shiv from Hindu
texts written after Vedas. The ‘Shev sect’ is known for
worshiping different forms of Shiva by believing it as God, D
this sect. has its own elaborate literature how much is truth, it
is the matter of research but in Bharat it has been recognized
at least 2500 years ago it is known from the available evidence,
how old is this from it is a matter of research. The main forms
of Shiva People whom people in Bharat or abroad worship E
him as God in the form of idol or phallus. The visual part of
Shiv is as follows:
1. Panchamukhi Shiva
2. Asht Vidh Shiva
F
3. Ekadash Rudra
4. Various Incarnations of Shiva
5. Bhairav
6. Shiva’s Yogavatar
G
The Origin of Lingas: The origin of the Linga’s in the
Puranas in such a way that when this creation was taking
place, there was a fierce battle between Brahma and Vishnu,
and in that war a huge Jyotipunj appeared between them, As
a result of this sudden incident, both of them stopped fighting
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646 SUPREME COURT REPORTS [2018] 4 S.C.R.

A together and went to know the secrets of this light; they went
up and down in the form of swan and wind, but there was no
end to it then both of them came back and gathered and
explored Lingas at that time they heard a sound ‘Om’ coming
out of that Jyotirmay Lingas, and universe was created, first
of all it came in form of Golden egg and it remain in same
B
format for thousand years after that egg got divided which
created Sky and Earth Brahma and Vishnu performed the
prayer of Jyotirlinga with Om Mantras then from that
Jyotirlingas in form of words [a,aa,e,ee,u,oo,r,tr,others) Shiv
along with Uma manifested when he lift his head again and
C looked upwards then from sound of Omkar he visualize 38
words Ishan Mantras, 24 words Tatpurush Mantra, 33 words
Aghor Mantras, 35 words Sadhojat Mantras and 66 words
Vamdev Mantras knowing these five mantras Vishnu started
Chanting these mantras and prayed Shiva by these in Mantra
form from here onwards the origin of worship Jyotipunj Lingas
D
started, the main meaning of the word lingas is symbol, i.e.
here, we understand from Shivling that in entire universe
Shivaling is considered to be the symbol of the ultimate power
which prevails inside and outside of it, word Shiva it the only
power who runs, creates, .and destroy this universe. This
E universe is its direct symbol, hence Shivling is considered as
symbol of God.
Different types of lingas: There are two main types of
lingas the first type of lingas is called as swambhu, meaning
of swamboo is who is self-generated, second type of Lingas
F are produced, Lingas are produced from Mercury, Gold, Silver,
Diamond, Sfetik, Precious Stones, stones and Mud, it can be
made from other materials also, Shiv Lingas made of mud are
dissolved in water after worshipping daily balance type of
Lingas are permanent. According to tradition every piece of
stone found in Narmada river is treated as Lingas. Apart from
G this trees and plants are also symbol of Shiv Lingas.
Legislation of worshiping Statues and Lingas: Shiva
statue created along Human shape is called Pratima, Customs
of worshiping the Idols and Lingas are almost same.

H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 647
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Worshiping of Shiva’s Formless Lingas: In addition to external A
worship, internal worship is also mentioned in the Puranas,
for spiritual contemplation and meditation two types of Lingas
have been defined Lingas created by physical materials
available outside and interior Lingas, for the sake of
emotional fulfillment of common mass concept of Solid outside
B
form of Lingas, has been perceived, the epicenter lingus which
means the spiritual astral body, which does not have direct
experience the same ignorant persons perform prayer etc
everything outside by imagining it externally, by meditating
Jnan meditation yoga, in meditation, that subtle Lingas symbol
of Shiva sees himself sitting in his own right. Once this C
knowledge is attained, there is liberation this is worshiping
the formless Lingas. Knowledgeable people perform
meditation yoga by the equator were he visualize subtle shape
Shiva sitting within itself when his knowledge is attained he
gets Liberation, this is the way to worship the formless Lingus.
D
Pasupat ki Utpatti: According to Ling Purana, Pasupat
vrat Yoga scriptures and Kapil Samkhya are composed by
Shiva and Pasupat was created earlier and it’s the best. Shiva
had very first preached to Vishnu etc deities of Pasupat second
time he preached at time when he inhale poison occur from
sea churn, third time he preached to Prajapati Daksh on the E
occasion when Daksh oblation [Yag] was vandalize. Shiva
28 yoga avatars were also holders of pasupat vrat they spread
the Pasupat through their disciples. Pasupat vrat which was
originated by Lord Shiva, after him the Yoga incarnation held
at different times by different people took forward but all of F
them are not available in Holy book [Grant] but they are
discussed in the context here and there. Out of these the last
Yoga avatar his name was ‘Lakuleesh’ and he was born
presently known as Gujarat in Vadaodra district, according
to time he reached Ujjain their he delivered his first preach
to Kushik and other disciples on manner in which Shiv G
performed and practiced the Pasupat vrat, and Mahadev south
facing statute i.e sacraments or pledge the bhasma purified
by Sadhojatadi 5 Shiva Mantra’s to Mahakal this prime action
has been interpreted in Pasupat Sutra by authentic interpreter
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648 SUPREME COURT REPORTS [2018] 4 S.C.R.

A ‘kodilya’ in his first Sutra. Mahadev authentic south-direction
Linga formation is the only one at ‘Mahakaleshwar Jyotirling’
besides this the accreditation is that it doesn’t exist at any
other place. Persons who adopt Pasupat yog should take bath
thrice with Bhasam, should sleep on bed of Bhasma, even
after taking food etc he should put Bhasam on his body,
B
should possess Shiva Nirmaalya, such as House holders and
people living in the other hermitage have their own special
symbols likewise Bathing with Bhasam [Bhasam ashnan],
Sleeping on Bhasam, Anuashnan Shiva Nirmaalya are symbol
of person of Pasupatl’s, Pasupati should chant five Braharn
C mantra purified by ‘Sadvoiata’all these should be performed
in congruence of south facing staue of Lord Mahadev.ln brief
it has been narrated about Pasupat,
Pasupat tradition originated from Lord Shiva has always
been followed regularly in Bharat today they are known as
D ‘Naga Sadhu’, There is evident proof of Pasupat and Naga
Sadhu’s are time to time mentioned in ancient books [Grants],
and are been quoted in scripts of others religion [Jainism
and others].
Origin of Mahakal: According to Shiva Mahapurana
E Kotirudra sanhita Update 16, a Brahmin lived with his four
sons in Ujjain [Ujjani] city, that Brahman daily used to
perform Agni horn & terrestrial Shiva Linga, at the same time
an evil demon called Dushan lived on the mountain called
Ratanmal. On day when Brahman was delighted in meditation
of Lord Shiva then only Dushan monster arrived along with
F his army and tried to kill Brahman then only Lord Shiva
manifest from the terrestrial Linga worshiped by the Brahman,
said that I am Mahakal who destroys evil demon like you,
move away from this Brahman, and by a single word ‘Hunkar’
reduced that evil demon along with his army into ashes, after
G the killing of Dushan these Brahmins prayed to Lord Shiva to
stay their and Lord Shiv accepted it stable himself in form of
Lingas and known as Mahakal. In the 17th chapter of this
mythology, King Chandra Sen of Ujjain and one Gope child
also worship the Mahakaleshwar Lingas.

H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 649
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Pasupat and Mahakal: In the Puranas and many other A
literature, the material related to Mahakal is obtained,
according to available evidence, current Mahakal temple is
the only authentic South facing Shiva Linga, ,in the past there
was crematorium at this place, this is the only Shiv Lingas in
the universe on which from unknown time ashes of funeral
B
pyre brought from crematorium by pronouncing Sadyojata
Five mantras is plated by Naga [Pasupatis] Sadhu. This
tradition is not experimented anywhere else except Mahakal
no other sect in the universe except Pasupat loves Bhasam
and crematorium, he is worshiper of south facing Shiva and
uses bhasam purified by Pach Braham[ Sadyojata] mantras. C
Current format of Pasupat which was preached by Lukulish
in Ujjain these probes that Pasupat and Mahakal are
mutually related and according to the said behavior in
Mahakal before and during today’s time, Mahant of Nag a
Sadhu’s at Mahakal is following the tradition of Pasupat.
D
Swet Saga the first Pasupat acharya in Swetashwer upnished
have mentioned at different places about Divine power of
Shiva especially in chapter (4-20) He has praise a special
appearance of Rudra’s southern face, In mahabharat chapter
Anushasan parv Shiva told Uma that I have delivered the
preaching on Pasupat from my Southern face, in Shiv E
Mahapuran, Ling Mahapuran, Panchbrahmhopnishad
volumes south facing Shiva has been called Aghor, It is famous
the crematorium is very dear to Shiva and Shaiv Aghories, in
Ling Mahapuran worshiping South facing Shiva by Bhasam
has been mentioned specifically, proof in these texts certify
F
& it is evident that the present Jyotilinga of Mahakal south
facing aghor shiva statue, that’s why Naga Sadhu’s (Followers
of Pasupat branch) are offering Bhasam ashnan daily to him,
since ancient times (according to the evidence of Kondilya it
is 1500 years back) is being performed even today. The ritual
of performing Bhasma ashnan to Mahakal can be carried G
out only and only by Naga sadhu’s nobody else can do nor
should it can be attempted. If attempted it will destroy the
tradition and will hurt the sentiments of Hindu religion. Today
even the Hindu devotees visit Mahakal to visualize the Bhasma
Ashnan of Maharaja Mahakal.
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650 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Antiquity of Mahakal and Pasupat: By 1735 when Ujjain
has come under domination of Marathas at that time Ranoji
Schinde who was appointed by Peshwas, and has given
charge of Ujjain to Diwan Ramchandra this Diwan
Ramchandra had rebuilt the present Mahakal Temple, approx
1235 Shamsuddin Alatmas had robbed and destroyed the
B
Mahakal Mandir. Restoration of Mahakal Temple was
executed by Raja Bhoj approx during 1010, state poet Ban
Bhat of Harshvardan who ruled the state during 590-647 has
also described about Mahakal & Pasupat in his poem
Harshcharit & Kadambari. During the time of Vikramaditya
C great Poet Kalidas has specifically mentioned Mahakal Temple
in his Poetry Raghuvansh and Meghdoot it is difficult to
specify the time of Kalidas, but at least 1650 years is prevalent
in the past not less than that. Apart these description of
Mahakal are found in Puranas and Tantra shastra also, but
time can be mentioned by Historians, we can’t. In book Heart
D
of Jannisium written by Stevenson has also mentioned that
Founder of Jain religion Mahaveer also visited Ujjain and
has performed austerity, famous Mahakal Temple was
established in Ujjaini. What is the truth we can’t say but from
the available scripts it can be mentioned that approx 2000
E years past existence of Mahakal Temple is evident because
Historian has predicted the time of composition and preaching
of Pasupat 150 B.C to 1st A.D and there is indirect form of
discussion of Mahakal in Pasupat Sutra. Now briefly we
should view the ancientity of Pasupat. From 1295 to 1385 a
person named Acharya Madhav has mentioned briefly about
F
Nakulish Pasupat Sight to Shavya Sect in his book called
Sarvya Darshan. In eight century Shankracharya has
specifically discussed about Pashupat Sect in his Vedant Sutra
chapter 2, fart 2, formula 37 which is an authentic book.
This Formula of Vedant has clearly mentioned of Pasupat Sect
G by mentioning word Pati so the Pasupat is ancient the Braham
Sutra and the time of composition of Vedant sutra is between
4000 B.C to 450 B.C as described by historian in their own
way, so it is difficult to predict the exact time, approx 2000
years back Pasupat Sect was fully established or it was’ in
the beginning shape this can be said.”
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 651
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Preservation of Mahakaleshwar Linga: A
4. This Court has primarily entertained the petition vide order dated
5.5.2017 as it transpired that the idol of Lord Shiva in the form of Lingam
is in danger due to various causes and it has deteriorated as such notice
was issued to ensure its preservation.
5. The appellant has filed an additional affidavit in the matter of B
erosion of Lingam. It has been pointed out that due to the erosion of
Omkareshwar Jyotirlingam, offerings have been banned. Omkareshwsar
Jyotirlingam is situated nearby Ujjain. In this regard, newspaper report
dated 15.11.2006 as to Mahakaleshwar Jyotirlingam has also been filed.
6. Following is the report dated 15.11.2006 published in the C
newspaper UNI :
“Mahakal Jyotirlinga eroding:
Published: Wednesday, November 15, 2006, 11:40 [IST]
Indore, Nov 15 (UNI) ‘Jyotirlingam’ of Lord Mahakal at temple D
town Ujjain is gradually getting eroded. More than 30 square
cm scalp of the holy ‘lingam’ has come out with nearly 7-8
mm thickness from the eastern side along with 3-4 similar
circular patches, having 2-2.5 cm diameter and 6.5 mm depth,
just above the bigger patch. The entire holy ‘lingam’ is having
E
geological scaling on the western side. Two vertical carving
has raised concern that the ‘lingam’ will have enough chances
of splitting into three pieces in future.
Dr. Ram S Shrivastava, a known scientist closely observing
the holy lingam since 1953, is convinced that if due care was
F
not taken then “we will have to cut a sorry figure in future.”
He said the Mahakal was the oldest ‘Jyotirlingams’ out of 12
‘Jyotirlingams’ in the country and the only one facing south.
The Mahakal temple was destroyed by Sultan Shamsuddin
Iltutmish of Delhi in 1235 and it was later restored by the
Scindias in the 19th century. G
There is a 5,000-year-old record available for worships. It is
believed that the ‘Jyotirlingam’ was found inside the Koti
Teerth Kunda in the Mahakal campus and the temple was
first constructed by King Vikramaditya. Dr. Shrivastava said
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652 SUPREME COURT REPORTS [2018] 4 S.C.R.

A one of the reasons for erosion could be pouring of chlorinated
water -nearly 25,000 litres a day -besides about 80 ‘pundits’
from 16 Brahmin families massaging the lingam on rotation
basis using Bhat Shringar, Bhang Shirngar etc. Milk’ and
other offerings could be accounted in tonnes. Almost every
visitor touched the holy shrine and often rubbed and pressed
B
it during prayers.”
7. Yet another report dated 7.7.2014 about banning of offerings of
sugar, ghee, milk, curd etc. in the temple at Ujjain has been placed on
record. That management wanted experts to check erosion of Jyotirlinga
of Mahakaleshwar Temple at Ujjain. Following is the report dated
C 7.7.2014 :
“Mahakal management wants experts to check erosion of
jyotirlinga
TNN | Jul 7, 2014 11.42 AM IST
D UJJAlN: Mahakaleshwar temple administration has written
a letter to the commissioner of state archaeology department
to send a team of experts to examine reported erosion in
treasured stone jyotirlinga at the temple.
District collector and temple committee head BM Sharma told
E newspersons on Saturday that steps needed to prevent the
erosion would follow the report and suggestions of experts
expected to visit the temple shortly.
The issue of erosion of Shivling has been in news for over a
decade, prompting the issuance of guidelines. But norms were
F not implemented. .It has been reported several times that use
of impure puja materials like sugar, ghee, milk, curd, and
others is causing erosion in two-and-half-feet high shivling.
The administration even restricted the use of these materials
to 1.25 liter per devotee a few years ago, but it was not
controlled and monitored. Similarly, a suggestion to establish
G
kiosk of Sanchi milk in temple corridor to ensure pure milk,
ghee to pilgrims, is gathering dust. The shops outside the
temple are selling sub-standard puja materials and devotees
have no option but to buy them.

H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 653
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

The shivling at Mahakal is much in height compared to A
jyotirlinga at Onkareshwar temple in Khandwa district and
the administration there a few months ago the restricted use
of panchamruit material to avoid the erosion. Use of sugar
granules is already banned in other Mangalnath temple in
Uijain and devotees have been asked to use powdered sugar.”
B
Reasons for decay and conservation of heritage monument have
also been placed on record.
8. Later on, an application under Article 142 of the Constitution of
India has also been filed by the appellants for the issuance of appropriate
directions for the preservation of Lingam and prayer has also been made C
for the appointment of Expert Committee.
9. Mahakaleshwar Jyotirlingam has so much importance for
spiritual and other gains, there is a constitutional duty to protect it as
envisaged in Article 25, Art. 26 read with Article 49, at the same time
there is a fundamental duty under Article 51A of the Constitution to D
promote harmony and the spirit of common brotherhood as provided in
Article 51A and to value and preserve the rich heritage of our composite
culture. It is also the duty to strive towards excellence in all spheres of
individual and collective activity as provided in Article 51A (a)-(j). Articles
51A (a), (e), (f) and (j) are extracted hereunder:
E
“[51A. Fundamental Duties.-
It shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
F
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite
culture; G

(j) to strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement.”

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654 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 10. In Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002) 7
SCC 368, this Court has considered the importance of moral values in
religions and it was observed that the religion is the foundation for the
value-based survival of human beings in a civilized society. The force
and sanction behind civilized society depend on moral values. Religion
should not be misunderstood. The secular democracy requires where
B
even a very weak man hopes to prevail over a very strong man on the
strength of rule of law by proper understanding of duties towards the
society. In Aruna Roy (supra) this Court has observed thus:
“30. Undisputedly, the aforesaid S.B. Chavan Committee’s
report was placed before Parliament for discussion. None can
C also dispute that the past five decades have witnessed a
constant erosion of the essential social, moral and spiritual
values and increase in cynicism at all levels. We are heading
for a materialistic society disregarding the entire value based
social system. None can also dispute that in a secular society,
D moral values are of utmost importance. A society where there
are no moral values, there would neither be social order nor
secularism. Bereft of moral values secular society or
democracy may not survive. As observed by the Committee,
values are virtues in an individual and if these values
deteriorate, it will hasten or accelerate the breakdown of the
E family, society, and the nation as a whole. In a society where
there is constant evaporation of social and moral values for
getting property, power or post, — is it not advisable to have
a solid social foundation from the base level so that a grown-
up person would fight against all kinds of fanaticism, ill-will,
F violence, dishonesty, corruption, and exploitation? The
answer would obviously be — ‘yes.’
31. Further, for controlling wild animal instinct in human
beings and for having a civilized cultured society, it appears
that religions have come into existence. Religion is the
G foundation for value based survival of human beings in a
civilized society. The force and sanction behind civilized
society depend upon moral values. The philosophy of
coexistence and how to coexist is thought over by the saints
all over the world which is revealed by various philosophers.
How to coexist, not only with human beings but all living
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 655
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

beings on the earth, maybe animals, vegetation and the A
environment including air and water, is thought over and
discussed by saints and leaders all over the world which is
reflected in religions. If that is taught, it cannot be objected
as it is neither violative of constitutional or legal rights nor it
offends moral values. This has been dealt with elaborately
B
by the S.B. Chavan Committee. The Committee as stated above
had invited suggestions from noted educationists on various
aspects of value-based education. As stated by the Committee
it had benefited by the views of eminent experts/NGOs doing
pioneering work in this area. Further, no one can dispute
that truth (satya), righteous conduct (dharma), peace (shanti), C
love (prem) and non-violence (ahimsa) are the core universal
values accepted by all religions. The Committee has also
pointed out that religion is the most misused and
misunderstood concept. However, the process of making the
students acquainted with the basics of all religions, the values
D
inherited therein and also a comparative study of the
philosophy of all religions should begin; students have to be
made aware that the basic concept behind every religion is
common, only the practices differ. If these recommendations
made by the Parliamentary Committee are accepted by NCERT
and are sought to be implemented, it cannot be stated that its E
action is arbitrary or unjustified.
32. Further, it appears to be a totally wrong presumption
and contention that knowledge of different religions would
bring disharmony in the society. On the contrary, knowledge
of various religious philosophies is material for bringing F
communal harmony as ignorance breeds hatred because of
wrong notions, assumptions, preaching and propaganda by
misguided interested persons.”
11. There is a pious purpose of all the religious activities, no religion
breeds hatred. It is in order to bring harmony and to understand basic G
human values and for self-realization and to visualize the concept of
equality pilgrimages by the various sections of people of various religions.
Secularism is the basic structure of the Constitution that has to be given
the meaning that is developing understanding and respect towards different
religions. The essence of secularism is non-discrimination of people by
H
656 SUPREME COURT REPORTS [2018] 4 S.C.R.

A the State on the basis of religious differences. In the Commissioner,
Hindu Religious Endowments, Madras vs. Sri Lakshmindra Thirtha
Swamiar of Sri Shirur Mutt [AIR 1954 SC 282], this Court has
considered the concept of religion under Article 25. It has been observed
that it secures to every person, subject to public order, health and morality,
a freedom not only to entertain such religious belief, as may be approved
B
of by his judgment and conscience but also to exhibit his belief in such
outward acts as he thinks proper and to propagate or disseminate his
ideas for the edification of others. This Court has observed that the
question relating to the administration of properties belonging to a religious
group or institution are not matters of religion. Religion is a matter of
C faith with individuals or communities. It is not necessarily theistic. In the
said case it was observed that “there are well-known religions in India
like Buddhism and Jainism which do not believe in God or in any Intelligent
First Cause. A religion undoubtedly has its basis in a system of beliefs or
doctrines which are regarded by those who profess that religion as
conducive to their spiritual well-being, but it would not be correct to say
D
that religion is nothing else but a doctrine or belief. A religion may not
only lay down a code of ethical rules for its followers to accept, it might
prescribe rituals and observances, ceremonies and modes of worship
which are regarded as integral parts of religion. The guarantee under
our Constitution not only protects the freedom of religious opinion but it
E protects also acts done in pursuance of a religion and this is made clear
by the use of the expression practice of religion.”
12. In Prafull Goradia v. Union of India [2011 2 SCC 568] this
Court has observed that if Government is making small expenditures
separately for separate religions, therefore granting support to Haj pilgrims
F was not violative of Article 14 or 15. This Court has observed thus:
“8. In our opinion Article 27 would be violated if a substantial
part of the entire income tax collected in India, or a substantial
part of the entire central excise or the customs duties or sales
tax, or a substantial part of any other tax collected in India,
G were to be utilized for promotion or maintenance of any
particular religion or religious denomination. In other words,
suppose 25 % of the entire income tax collected in India was
utilized for promoting or maintaining any particular religion
or religious denomination, that, in our opinion, would be
violative of Article 27 of the Constitution.
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 657
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

10. In our opinion, if only a relatively small part of any A
tax collected is utilized for providing some conveniences or
facilities or concessions to any religious denomination, that
would not be violative of Article 27 of the Constitution. It is
only when a substantial part of the tax is utilized for any
particular religion that Article 27 would be violated.
B
14. Hence, in our opinion, there is no violation of Article
27 of the Constitution. There is also no violation of Articles
14 and 15 because facilities are also given, and expenditures
incurred, by the Central and State Governments in India for
other religions. Thus there is no discrimination.”
C
13. This Court in Transport & Dock Workers Union v. Mumbai
Port Trust (2011) 2 SCC 575 has considered the essential spending of
the government money on religions when it can be violative of Article 27
and has laid down thus:
“10. Insofar as the provision of Section 9A of the Industrial D
Disputes Act is concerned, it was submitted that since by the
policy decision no change in relation to the personnel who
were working was intended to be brought about, there was
no question of giving any notice of change.
11. The learned Counsel appearing for the appellants relied E
on the judgment of the Supreme Court in People’s Union for
Democratic Rights v. Union of India AIR 1982 SC 1473 to
contend that a writ petition by workers, when they claim any
violation of fundamental right, is maintainable. The learned
counsel also relied on the judgment of the Supreme Court in
Moti Ram v. North East Frontier Railway AIR 1964 SC 600 to F
claim that the respondent-Port could not have framed a policy
which violates the guarantee of Article 14 of the Constitution.
12. The learned counsel appearing for the appellants further
relied on the judgment of the Supreme Court the Olga Tellis v.
Bombay Municipal Corporation AIR 1986 SC 180 to contend G
that even if an undertaking is given, that undertaking does
not stop the person who has given the undertaking from
asserting his fundamental right.

H
658 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 13. The learned counsel for the respondents on the other hand
relied on the judgments of the Supreme Court, in Ravi Paul v.
Union of India 1995 (3) SCC 300, and M.P. State Textile
Corporation Ltd. v. Mahendra 2005 (10) SCC 675, and
submitted that in one establishment there can be employees
having separate duty hours.
B
14. In our opinion, the writ petition filed by the appellants
should have been dismissed by the High Court on the ground
of existence of an alternative remedy under the Industrial
Disputes Act. It is well settled that writ jurisdiction is
discretionary jurisdiction, and the discretion should not
C ordinarily be exercised if there is an alternative remedy
available to the appellant. In this case there was a clear
alternative remedy available to the appellants by raising an
industrial dispute and hence we fail to understand why the
High Court entertained the writ petition. It seems to us that
D some High Courts by adopting an over liberal approach are
unnecessarily adding to their load of arrears instead of
observing judicial discipline in following settled legal
principles. However, we may also consider the case on merits.”
14. The Government spends a huge amount on Kumbh/Simhasth
E Melas being organized at such places. Even otherwise, when there is a
large number of a gathering of persons every day and in particular during
melas and other festival times, State has obligation to provide the basic
amenities to the pilgrims. It is the bounden duty of the Government to
make proper arrangement to provide shelter places, for maintenance of
law and order and to sanction the amount without fear of violation of the
F concept of secularism. Right to life includes mental and intellectual growth
which is laid down in Shantistar Builders v. Narayan Khimalal Totame
(1990) 1 SCC 520. In P.G. Gupta v. State of Gujarat & Ors. (1995)
Supp 2 SCC 182, considering the International covenant on economic,
social and cultural rights, food, clothing, and shelter have been held as
G part of Article 21.
15. There is a constitutional obligation to preserve the religious
practices of all religions, culture and there is also a corresponding duty
to act in that direction. Similarly, such acts which are necessary for the
preservation of such historical monuments/deities. State is duty bound to
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 659
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

spend the amount so that not only the archaeological, historical and ancient A
monuments are preserved but sanctum sanctorum, as well as the deity
otherwise no useful purpose would be served by spending so much amount
on Simhastha/ Kumbh Melas in case deity, is itself permitted to be
deteriorated as it has happened at other places particularly nearby
Omkareshwar Jyotirlingam by offerings and rubbing it etc. has
B
deteriorated and now barricades have been erected around the lingam
and nobody is permitted to touch it. Same is true with respect to other
important temples of which reports have been filed. It is apparent from
the reports published about Omkareshwar that the administration had
banned offering of milk, ghee, water, curd and other traditional materials
to save the Jyotirlingam from further erosion. It is regrettable that we C
have not been able to preserve and protect our Jyotirlingas of immense
importance and there was a proposal to install new Lingam at
Omkareshwar in place of original. In 2006, also there was a report of
erosion of Mahakaleshwar Jyotirlingam at Ujjain and it was feared that
Jyotirlingam owing to the two vertical carvings had enough chances of
D
splitting into three pieces in future. On the strength of a report of known
scientist referred to therein, who had observed Jyotirlinga since 1953, in
his opinion, if due care was not taken we will have to cut a sorry figure
in future. Mahakaleshwar is the oldest Jyotirlingam out of dwadash
(twelve) Jyotirlingams in the country. The main cause of constant erosion
of Lingam was water and other impure material. E
16. News Report dated 7.7.2014 also reflects that Mahakaleshwar
temple management wanted experts to check the erosion that was caused
by impure puja materials like sugar, ghee, milk, and curd etc. It was
regretted that suggestion to establish kiosk of Sanchi milk in temple
corridor to ensure pure milk, ghee etc. to pilgrims was gathering dust. F
Devotees have no option but to purchase sub-standard and adulterated
materials.
17. As per the report on famous ‘Mangalnath temple’ situated at
Ujjain itself, there special Puja and Abhishekam is performed for ‘Mangal
Grih Shanti’. The report indicates that District Administration has banned G
offering of sugar, vermilion as rubbing thereof was causing damage to
the Shivling. Use of sugar had been banned with immediate effect as it
was causing highest damage and use of other materials had also to be
limited. Use of sub-standard and chemical contained vermilion and
turmeric powder was also proposed to be checked and it was decided
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660 SUPREME COURT REPORTS [2018] 4 S.C.R.

A that herbal articles would be made available for pooja. It is regrettable
that in temple of such immense importance the deities are being destroyed
due to aforesaid impure materials of Puja which are being offered. A
report dated 12.5.2014 had been placed on record indicating a ban on
touching idol of Muktinath Lingam inside Muktinath Temple in Mustang
district of Nepal. It was also mentioned that the Government team was
B
working on a master plan for the development of Muktinath temple.
Said temple is a holy place for Buddhists and Hindus.
18. There are other reports placed on record with respect to the
damage being caused to other important deities in the temple like
Mahalaxmi Temple at Kolhapur and Bhoramdev Shivling at Kavardha
C in State of Chhattisgarh. Report of erosion of Shivling at Trimbakeshwar 1.
temple in Nasik, Maharashtra. The report indicates that erosion is due to 2.
use of excessive use of water etc. We had initially called the suggestions
from Temple Committee itself for preservation of Linga.
3.
INITIAL SUGGESTIONS OF TEMPLE COMMITTEE
D
19. In compliance of the order dated 5.5.2017 passed by this Court 4.
the Temple Committee has filed following suggestions:
5.
“2. That in compliance of the same the committee sought a
report from the Department of Geology, Vikram University, 6.

E Ujjain, Prof. p.k. Verma, Professor of Applied Geology 7.
submitted the report. Hereto annexed and marked as
ANNEXURE R-1/3 is the true and correct copy of the report
dated 11.06.2017.
3. It is submitted that as per the report of Professor Verma
F dated 11.06.2017, the corrosion of Shivlinga is mainly due to
touching of Shivlinga with a variety of impure puja material
including adulterated milk, curd, sugar, sugarcane juice,
flowers etc during Abhishek or other special pooja which
are performed regularly, since time immemorial.
4. Though, as per the observation of Professor Verma, the
G
process of chemical reaction is supposed to be of very low
intensity, practically negligible. The other constituents (other
than silica) of the rock, however, are vulnerable to such
impure/adulterated pooja materials. He had suggested that
these chemical reaction & corrosion can be reduced by
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 661
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

avoiding usage of the impure or chemically adulterated pooja A
materials over Shivlinga.
5. That keeping in view the suggestion made by Professor
Verma and also with earnest desire of the temple committee to
protect any corrosion of Shivlinga, a special sub-committee
was constituted by the Collector, who also is the President of B
the committee to discuss issue of corrosion as well as to explore
the proposal and remedial measures for avoiding any further
corrosion of Shivlinga. The sub-committee consisted of the
following 7 members.
C
1. Pt. Shri Anand Vyas, Archeologist
2. Pt. Ghanshyam Sharma / Representative, Shri M.T.S.,
Ujjain
3. Pt. Pradeep Sharma, Ex-Samiti member of Shri M.T.S.,
Ujjain D
4. Pt. Ashok Sharma – Purohit
5. Shri Prakashendra Mathur, Archeologist
6. Representative of Pollution Control Board
7. Administrator, Shri Mahakaleshwar Mandir Samiti, Ujjain E

6. The first meeting of the sub-committee took place on 13.06.2017
where the Food Controller of the State Government also participated in
the said meeting. After a detailed discussion on the remedial measures
to protect the corrosion of Shivlinga the following remedial measures
were proposed by the committee : F
S.No . Subj ect Sug gestio n
1. Co nsi derat ion /dis cu ssion Ther e is a tra ditio n of
on the milk t o be o ffer ed Dug dh bh ish ek of Bh ag wa n
to th e Go d (Bh ag wa n) Ma ha ka lesh war . In th is
reg ard , it was s ug gested th at G
hig h-q ual ity m ilk may be
us ed. Ther e mu st no t be a ny
ad ulter ation in th e milk.
Str ing ent r ules ma y be
mad e i n this r eg ar d. Fo r this
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662 SUPREME COURT REPORTS [2018] 4 S.C.R.

A
purpose, the Temple
Committee (Mandir
Samiti) may make
arrangement for milk at
its own level. For this
B purpose, ‘Sanchi' can
be used and in future,
by upgrading Temple
Gaushala more, the
milk may be brought
directl y from the
C Gaushala to the temple
and the milk imported
from outside sources
may be st rictly
prohibited.
D 2. Consideration/discussion The Panchamrut
on the issue of Panchamrut ablution is done every
Poojan (offering) day to God Shiva. In
this regard, it was
suggested that
Panchamrut may be
E prepared by the Temple
Committee/Samiti itself.
For this purpose, it may
provide high-quality
milk and curd at its own
level and may not
F
directl y mix sugar in the
Panchamrut. For this
purpose, sugar dust
may be used. The
quantity of Panchamrut,
G as already prescribed
for 1 ¼ liter, may be
complied with. Honey
(Shahad) etc may be
made available from the
Gramodyog etc.
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 663
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

A
ple
dir 3. Consideration / discussion On the shops
ke on worship / offering situated outside
at materials the temple, the
his offering / worship
an articles are sold, B
re, viz. Abeer, Gulal,
ple Kumkum (Saffron)
he etc. In this regard, it
ght was suggested that
he the Mandir Samiti
ple (T emple Committee) C
ed may fix a shop or the
ces Samiti may itself run
tly a shop where pure
worship materials
may be available.
rut The worship D
ery materials being sold
In presently in the
was outside area of the
hat Temple may be
be prohibited/restricted
ple E
immediately.
elf.
ay 4. Discussion on ‘Jalpaatra’ For Jalabhishek
ity (water ablution)
wn of Bhagwan
not Mahakaleshwar, the
Jalpatra has been F
he
his installed at the
ust Jaldwar (Watergate).
he The said Jalpatra
ut, may be cleaned every
ed day with hot water so
G
be that the acid being
ey gathered in the pipe
be etc may not be
he gathered/accrued.

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664 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 5. Consideration of the issue of Con sta nt Jalabhishek
con sta ntly being big garland (wa ter abl ution) is done
etc. on the ‘Jyotirling of to th e Bhagwan
Bha gwan (the God)'. Mahaka leshw ar from
06 O’clock mo rni ng till
B 4.30 PM in th e evening.
For t his purpo se, a big
ga rland etc may remain
cons tan tly on the
‘Jyot irling of Bh agwan’
so that water , milk etc.
C ma y not fall d irectly on
the Jyotirli ng.

6 Consideration of the issue of This suggest ion was
a t es t of water, milk, and recei ved in the meeting
D ar ticles etc. that the a rticles and
ma teria ls f rom which
the worship etc. of
Bhagwa n
Mahaka leshw ar is done
E every day, a ll these may
be tested once, from
which this fact ma y b e
cl ea r that which
ma teria l is
po sitive/su itable fo r the
F
Jyotirling a nd which
ma teria lly affects the
Jyotirling n egatively.
Hereto annexed and marked as ANNEXURE R-1/4 is the true
and correct copy of the minutes of the meeting dated
G
13.06.2017.
That the said proposal has been accepted by the committee
for implementation and the temple committee is accordingly
taking steps to protect the Shivlinga. The above proposal is
according submitted before the Hon’ble Court.”
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 665
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

shek REPORT BY PROF. PRAMOD K. VERMA DATED 11.06.2017 A
done 20. A Report by Prof. Pramod K. Verma dated 11.6.2017 has
gwan also been filed by the Committee in the form of Annexure R-1/3, which
from is as under:
g till
“JAI SHRI MAHAKAL
ning. B
a big 11th June 2017
main
This brief description comprises visual observation of
the
Lord Mahakaleshwara Shiv Linga for its potential erosion
wan’
due to pooja offerings by devotees.
etc. By an invitation from Mahakaleshwara Mandir Samiti, I
y on C
along with Dr.Awadesh Bhatt visited the Lord Mahakaleshwar
Temple on 08th June 2017 at 2:00 pm for performing the
above task. For obvious reasons, it was possible to have an
was only limited observation and thus, only torch and hand lens
eting was used.
and D
The following observations were made: -
which
of 1. The Sacred Shiva Linga is approximately 2 feet in diameter
and 2 feet in height.
done 2. The Shiva Linga is made up of Sandstone (looks very
may similar to Vindhya Sandstone which occurs in the nearby E
from areas).
y be
3. The sandstone is of arenaceous in nature with the major
which
percentage of quartz clasts of the size generally less than 2
is
mm. The clasts are clearly visible through a hand lens.
r the
4. The other clast material appears to be feldspar (orthoclase) F
which
the giving the rock a typical pinkish colour.
y. 5. The matrix is also of an almost similar composition.
6. The cementing material is mostly siliceous. However, a small
amount of calcareous/feldspathic (not distinguished by lens G
observation) cementing materials is also present.
7. The cementing material other than siliceous matter is likely
to undergo dissolution when exposed to the acidic
environment. As a result, there may develop tiny depressions
(or pits) over the Shiva Linga.
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666 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 8. The depressions or pits may occur when adulterated/impure
pooja materials are offered over Shiva Linga during
Abhisheks. The corrosion, in the long run, may occur due to
touching of Shiva Linga with a variety of impure pooja
materials including adulterated milk, curd, sugar, sugarcane
juice, flowers etc during Abhishek or other special pooja
B
which are performed regularly.
10. Once even a small pit is formed, these materials may get
into the rock and, may try to loosen the bonding by various
chemical processes.
C 11. As the rock is largely composed of a siliceous material,
the process of chemical reaction is supposed to be of very
low intensity, practically negligible. The other constituents
(other than silica) of the rock, however, are vulnerable to
such impure/adulterated pooja materials.
D 12. A more systematic and scientific investigation may be
needed to come to a firm conclusion.
13. Nonetheless, at this stage, it is suggested that impure or
chemically adulterat4ed pooja materials must be avoided by
offering over Shiva Linga.”
E 21. The Minutes of the Meeting dated 13.6.2017 of the Temple
Committee have also been placed on record vide R-1/4. The relevant
portion is extracted hereunder:
“SHRI MAHAKALESHWAR MANDIR SAMITI,
UJJAIN
F MINUTES OF MEETING DATED 13.06.2017
Today a meeting was held in the Administrative office of
Mahakaleshwar Temple under the Chairmanship of Shri S.S.
Rawat, Administrator, and Joint Collector, with regard to as
to how Lord Mahakaleshwar Jyotirlinga can be best
G protected. The following members were present:-
1. Dr. Prakashendra Mathur Archeologist
2. Pt. Pradeep Sharma Ex-Samiti Member
3. Pt. Ashish Sharma Representative of Pujari
4. Pt. Ashok Sharma Purohit
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 667
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

5. Shri D.V. S. Rawat Pollution Department A
6. Shri Shailesh Kumar Gupta Food Controller
A discussion was held by the members present at the meeting
in respect of erosion in the Jyotirling and following suggestions
were proposed by the Committee:-
S.N. S ubject Sugg estion B
1. C on sid er atio n/d iscus sio n on There is a traditio n of
t he milk t o be off ered to the Du gd hbhishek of
Go d (Bhag wa n) Bhag wa n
Mah aka leshw ar. In t his
rega rd, i t wa s su ggested C
tha t hig h-quality milk
ma y b e u sed. There must
no t b e a ny a du lt eratio n
in t he milk. St ringent
rules may b e mad e in
this rega rd . Fo r t his
D
pu rpose, the Temple
Com mittee (M andir
Sa mi ti) ma y ma ke
arr an gem ent fo r milk at
its ow n level. F or t his E
pu rpose, ‘S anchi' ca n be
used and in fu tur e, by
up grading Temple
Ga us ha la mo re, th e milk
ma y be brou gh t dir ectly
from the Ga ush ala to the F
temple a nd the milk
im ported from out side
sou rces may b e strictly
pro hib ited.
G
2. C on sid er atio n/d iscus sio n on The P ancha mrut
t he issu e o f Pa ncha mru t ab lution is done every
Po oja n (offerin g) da y to God Sh iva. In t his
rega rd, i t wa s su ggested
tha t Pa ncham rut m ay be
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668 SUPREME COURT REPORTS [2018] 4 S.C.R.

A
prepared by t he Temple
Committee / Samit itself.
For this purpose, it may
provide high-quality milk
and curd at its own level
B and may not directly mix
sugar in the
Panchamrut. For t his
purpose, sugar dust may
be used. The quantity of
Panchamrut, as already
C prescribed for 1 ¼ liter,
may be complied with.
Honey (Shahad) etc may
be made available from
the Gramodyog etc.

D 3. Consideration/discussion on On the shops situated
worship/offering materials outside the temple, the
offering/worship articles
suggestion in, viz. Abeer,
Gulal, Kumkum
(Saffron) etc. In t his
E regard, i t was suggested
that the Mandir Samiti
(Temple Committee) may
fix a shop or the Samiti
may itself run a shop
where pure worship
F materials may be
avail able. The worship
materials being sold
presently in the outside
area of the Temple may
be prohibited/ restricted
G immediately.
4. Discussion on ‘Jalpaatra’ For Jalabhishek (water
ablution) of Bhagwan
Mahakaleshwar, the
Jalpaatra has been
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 669
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

A
mple installed at the Jaldwar
tself. (Watergate). The said
may
Jalpatra may be cleaned
milk
every day with hot water
level
y mix so that the acid being B
the gathered in the pipe etc.
t his may not be gathered/
may accrued.
ty of 5. Consideration of the issue of Constant Jalabhishek
eady constantly being Sandstone (water ablution) is done
liter, C
garland etc on the ‘Jyotirling to the Bhagwan
with. of Bhagwan (the God). Mahakaleshwar from 06
may
from
O’clock morning till 4.30
PM in the evening. For
this purpose, a big
uated garland etc may remain D
, the constantly on the
ticles ‘Jyotirling of Bhagwan’
beer, so that water, milk etc
mkum may not fall directly on
t his
the Jyotirling.
ested E
amiti
may 6. Consideration of the issue of This suggestion in the
amiti a test of water, milk, and meeting that the articles
shop articles etc. and materials from
rship which the worship
be F
etc of Bhagwan
rship Mahakaleshwar crowd
sold
every day, all these may
utside
may be tested once, from
ricted which this fact may be
clear that which material G
is positive/suitable for
water the Jyotirling and which
gwan materially affects the
the
Jyotirling negatively.
been
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670 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Sd/-
Administrator & Joint Collector
Shri Mahakaleshwar Mandir Samiti
Ujjain”
CONSTITUTION OF COMMITTEE OF ASI / GSI BY THIS
B COURT
22. This Court vide order dated 25.8.2017 had constituted a
Committee of two officers of the Archaeological Survey of India and
two officers of the Geological Survey of India to submit the report.
Following is the relevant extract of the order:
C
“A proposal has been submitted by Mr. Tushar Mehta,
learned ASG for a constitution of an Expert Committee and
to nominate the names of two officers of Archaeological
Survey of India and two officers of Geological Survey of India.
It is submitted by Mr. Mehta that the officers are experts in
D the field.
The Central Government suggests the following team :
1. For Ar ch aeological 1 . Shri Madan Singh Chauhan,
Su rvey of India Regio na l Directo r,
(Archaeologist), ASI, C entral
E
Regio n, Bhop al
2 . Dr. V.K.Sa xen a, Director
(Science), (A rcha eolo gical
Chemist), ASI, S cien ce Br anch,
Dehrad un
F
2. For Geolog ical Sur vey 1 . Shri Hemraj Su ryavanshi,
of Ind ia Dy. Director, Genera l, State
Unit, Madhya Pradesh, GSI,
Bho pa l.
2 . Shri L.L . Vishw akarma,
G Directo r, GSI, Bhopal

The Union of India shall bear the expenses of the
Committee so formed. The Committee to study/survey/ analyze/
examine Mahakaleshwar Jyotirlingam of Ujjain (MP) and to
prepare a report containing the rate at which the deterioration
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 671
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

in the size of Lingam is taking place, if any, and the measures/ A
steps/ precautions to be taken to ensure that this deterioration/
shrinkage of the Lingam stops. Let the Committee also study
the other structures and also the temple and submit what steps
are required to be taken to overall improve the entire premises
and for its preservation.
B
Let the Committee make a study and report seeing as how
much deterioration of Lingam has taken place during the last
three-four decades and what remedial steps have to be
another part.
Let the Committee submit a report be within a period of C
four weeks from today. A copy of the report as and when
submitted be furnished to the learned counsel for the parties.
We request the Administrator to extend fullest co-operation.
List the matter on Tuesday i.e. 03.10.2017.”
REPORT BY EXPERT COMMITTEE OF ASI/ GSI D
23. Following is the report (excluding photographs) submitted by
auhan,
the aforesaid Experts of ASI and GSI:
ecto r, “REPORT
entral ON THE STUDY / SURVEY / ANALYSIS / EXAMINATION E
OF MAHAKALESHWAR JYOTIRLlNGAM OF UJJAIN
rector (MP)
ogical
BY :
ranch,
1: Madan Singh Chauhan, Regional Director, A.S.I., Central
Region, Bhopal F
anshi,
State 2: Dr. V.K. Saxena. Director (Science), A.S.I., Science, Branch
GSI, Dehradun
3: Hemraj Suryavanshi, Dy. Director General, GSI, Bhopal
arma,
4: L.L. Vishwakarma, Director (G.S.I.), Bhopal G
ABOUT THE REPORT
This report is being submitted to the Additional Solicitor General
of India by the Committee Members of Archaeological Survey of
India (ASI) and Geological Survey of India. Conservation status
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672 SUPREME COURT REPORTS [2018] 4 S.C.R.

A and the causes of decay/deterioration of the Jyotirlinga in general
on the basis of his knowledge of the subject and experience in the
field.
The report is divided into 4 (Four) Chapters.
1st Chapter of the report deals with the archaeological and religious
B significance of the Mahakal temple and need for its proper
maintenance and restoration made by Madan Singh Chauhan,
Regional Director, ASI, Central Region, Bhopal.
2nd Chapter of the report deals with the general observations
made by Dr. V. K. Saxena, Director (Science), ASI with respect
C to the overall decay/deterioration of the Jyotirlinga on the basis of
his knowledge of the subject and experience in the field.
3rd Chapter deals with the Geo-scientific study of the Shivalinga
made by Hemraj Suryavanshi Dy. Director General and L.L.
Vishvakarma, Director, Geological Survey of India, Bhopal.
D
4th Chapter deals with the suggestions and recommendations and
remedial measures.
CONTENTS
CHAPTER· I
E 1: -RELIGIOUS AND ARCHAEOLOGICAL
SIGNIFICANCE OF UJJAIN AND MAHAKAL TEMPLE
1.1: Introduction
1.2: Religious and historical significance
F 1.3: Prevalence of tangible and intangible heritage in Ujjain
1.4: Archaeological evidence
1.5: Mahakal temple and premise
1.6: Condition of garbhagriha and shivalinga
G 1.7 A:- Shivalinga, modification, and effect
B:-Morning worship and material used in the worship
1.8: Maintenance and restoration of temple premise and activities

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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

CHAPTER - II A
2: NATURAL (PHYSICO~CHEMICAL) WEATHERING
OF STONE WITH REFERENCE TO MAHAKAL
JYOTIRLlNGA
2.1 General Chemical Characteristics of Some of the Offerings
Used During Rituals: B
o Milk
o Dahi or curd
o Homemade deshi Ghee
C
o Honey
o Sugar products
o Sandal or Chandan
o Bhang (Cannabis) D
o Abir or Gulal
o Kanku or Kumkum
o Fruit juices
o Bhasm/ Ashes of cow dunks cake E

o Oil lamps, Dhoop or incense sticks
2.2. Natural Weathering of sandstone
A: Water - A major cause of the decay of stone
F
B: Biological decay or Biodeterioration of stone

2.3. Examination of the Mahakal Jyotirlinga and Garbhgriha
A: General Observation of the Jyotirlinga
B: Drainage facilities for the disposal of the liquids and solids G
C: Electrical fittings
2.4. -Other Observations

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674 SUPREME COURT REPORTS [2018] 4 S.C.R.

A CHAPTER -III
GEO-SCIENTIFIC STUDY OF JYOTIRLINGAM
MAHAKALESHWER, UJJAIN
3.1 Introduction
3.2 Observation and studies of Jyotirlingam
B
3.2.1 Visual observation
3.2.2 Studies based instrument
3.2.2(a) Spectral studies by Spectroradiometer
3.2.2(b) Portable XRF studies
C
3.3 Water analysis by portable water analysis kit and ICP-MS
Instruments
3.3.1 Ash analysis
3.4 Discussion and interpretation
D
3.4.1 Extent of weathering
3.4.2 Causative factor
3.4.3 Weathering through ages
CHAPTER- IV
E
A: SUGGESTIONS AND RECOMMENDATIONS
B: REMEDIAL MEASURES
DETAILS OF ANNEXURES
F I. Worship schedule and offering material of Jyotirlingam,
Mahakaleshwer Temple, Ujjain
II. Spectroscopy study of Jyotirlingam of Mahakaleshwer temple,
Madhya Pradesh, XRF Study of Jyotirlingam of Mahakaleshwer
Temple, Ujjain
G III(a) Approximate chemical analysis of Lingam rock by portable
XRF instrument
IV(a) Chemical analysis of water samples from Mahakaleshwer
temple premises, Ujjain

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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 675
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

(b) Trace element analysis in water samples from Mahakaleshwer A
premises Ujjain
IV(c) Chemical analysis of bhashma offered to Jyotirlingam: and
ash samples from Mahakal temple
1.1 INTRODUCTION: On the direction of the Additional
Solicitor General of India, the Director General, Archaeological B
Survey of India, in his office letter no. 33/BO/2017-M dated
24.8.2017 recommended names of undersigned for the Committee
to assess the deterioration of Shivalinga of Mahakal Temple at
Ujjain and to prepare a report containing the rate at which the
deterioration in the size of Lingam is taking place during lost three- C
four decades, if any, and the measures/steps/precautions to be
taken to ensure this deterioration/ shrinkage of the Lingam stops.
Beside that to study the other structures and also the temple and
submit what steps are required to be taken to the overall
improvement of the entire premise and for its preservation. In
pursuance of the direction, the temple known as Mahakal or D
Mahakaleshwar at Ujjain was inspected by the Committee
Members jointly on 7.9.2017.
Before putting the observation on the assessment of the
Shivalinga and temple of Mahakal and other subsidiary shrines
inside the premise it was felt inevitable by the committee to highlight E
its Archaeological, Historical and religious significance so that, on
that perspective, an assessment could be made.
In Ujjain, Mahakal temple is located in the west of the city
on the bank of River Kshipra in ancient time that area was known
as Mahakala Vana (Mahakal forest). It is 192 km west of capital F
city Bhopal and takes around three hours by road journey from
Bhopal to reach here.
Mahakal temple is one of the most venerated temples known
by this name and one of the twelve famous Jyotirlingas shrines of
the country. G
1.2 RELIGIOUS AND HISTORICAL SIGNIFICANCE
The grandiose of Mahakal and Ujjain / Avanti occurs equally in
the ancient texts of Brahmanical, Buddhist and Jaina sects. Avanti
has been referred as country and Ujjain as its capital in the ancient
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676 SUPREME COURT REPORTS [2018] 4 S.C.R.

A texts. The first name of “Avanti “is liter in the Yajurveda for the
meaning of protection. It is said that Ujjain was also named as
Avanti and this name is nomenclatured after the name of Avanti:
a son of Kartaviryaarjuna of Mahishamati kingdom. In Meghadut
of Kalidasa, Abhidhanchintamani and in Naradapurana it was
termed as Avantika, Avantikapuri, Avantinagari or Avantikapur,
B
Vishala, Pushkarandini, Nandini, Amravati, Kanakashringa,
Kushasthali, Padmavati, Kumudvati, and Pratikalpa. It is believed,
existed in six kalpas and in each Kalpa it was called as
Swarnashringa, Kushasthali, Avantika, Amravati, Chudamoni, and
Padmawati. In kathasaritsagara, it is mentioned that Ujjain was
C called in four names in four yugas like Padmavati Bhogawati,
Hiranyawati, and Ujaini. In Kuvalayamala its name is referred as
Kushal Nagari.
It is said that during the churning of the sea by the gods and
demons then begun the wild scramble for immortality with the
D demons chasing the gods across the skies and in the process, a
few drops of nectar were split and fell at Hardwar, Prayag, Nasik,
and Ujjain.
There are different meanings of “Ujjain’ and ‘Ujhain”. It
means protection, a tradition wherein people worshipped Indra
E for rain, in Gujarati and Prakrit it means a picnic, in Sanskrit, it is
called as udyan or garden. In the north Himalayan region, it means
attempt for any special task while in the Malwa tradition this word
is called when people worship Lord Indra by keeping fast for
rain.

F ln Pali language it is called Ujani, in Prakrit Ujaiyani, Ptolemy
referred it as Ozen, Huen-Tsang calls it Ujayana, Arab geographer
referred it as Ujjhen and in the coins, name occurred as Ujani. In
the Mrichchakatika play of Sudraka of 5th century AD, Ujjain
was inhabited by various communities viz. Shakas, Tushars, Greeks,
Persians, Magadha, Kirata, Kalinga, Bongo, Mahishak, Chole,
G Pandya, trader of Kerala and several prostitutes.
In the Skandapurana there are references to seven seas or
Saptasagaras mentioned as Pushkar Sagara, Kshira Sagara,
Goverdhan Sagara. Rantnakar Sagara, Vishnu Sagara,
Purishottama Sagara and Rudra Sagara. The Rudra Sagara is
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mentioned in the Mahakal Vana (nearby the Mahakal temple). A
As a religious city, Ujjain occupied the same place as of the
Benaras, Goya, Mayapuri, and Kanchipuram. By the 6th century
BC, Avanti with its capital at Ujjain is mentioned in Buddhist
literature as one of the four great powers along with Vatsa, Kosala,
and Magadha. Ujjain locates on the ancient trade route which
B
connected north India to the south via Mathura- Ujjain-
Mahishmati- Paithan and then to western Asia. Periplus gave the
accounts of Ujjain referred by him as Ozene is to the east of
Barygaza (Broach) which fed all commodities of the trade like
onyx, porcelain, fine muslins. mellow coloured muslins and cotton,
spikenard and costusbodellium. In the Udaipur, prashasti mentions C
Vakati I of Paramara dynasty as the king of Avanti and they are
said to form their capital at Mahakala vana at present Ujjain. The
Mahipal and his kalachuri confederate Bhamana deva are said to
have conquered the territory up to banks of Narmada including
Ujjain and Dhar. The downfall of this wealthy city begun in 1234
D
with the invasion of IItutamish of Slave dynasty of Delhi who
along with the, also dismantled Mahakafa temple and in search of
treasure he dismantled Shivalinga from the jaladhari or pithika
and thrown into kotitirtha and picked up golden idols including idol
of Vikramaditya and brought to Delhi.
During the time of Mughal king Akbar, a city wall was E
constructed around the city for the defense of Ujjainisand Nandi
Darwaja, Kaliadeh Darwaja, Sati Darwaja, Dewas darwaja and
Indore darwaja were the various entrances to the city.
In 1658 a battle took place near Ujjain in which Aurangzeb
and Murad defeated Maharaja Jaswant Singh of Jodhpur who F
was fighting on behalf of Prince Dara.
Thereafter Sawai Jai Singh was made governor of Malva by
Muhammad Shah who built an observatory and several other
temples over there. In the 17th century, this region of Malwa
came under the sway of Maratha who constructed numbers of G
temples in Ujjain and modern Ujjain came into existence. During
this period the artists especially painters of Poona and Kangra
styles flourished their art in the structures of Ujjain and distinctive
wooden carving on the balconies and galleries were decorated in
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A Ujjain. Thereafter this legendary city of Ujjain came under the
control of Scindias from 1750- 1810. Ramoji Scindia was powerful
Sardar of Maratha who made Ujjain the capital of Malwa. He
remained always busy in the wars hence his diwan Ramachandra
baba look after the affairs of Ramoji Scindia. On the information
supplied by the local brahmins regarding dumping of Shivalinga
B
into the kotitirtha by Iltutamisha, Ramachandra baba exposed that
Shivalinga and installed inside the main place and constructed
temple over the original place. Thus present temple is of Maratha
period. In 1810 Doulat Rao Scindia shifted his capital at Gwalior
and subsequently, Ujjain lost its commercial importance.
C 1.3 PREVALENCE OF TANGIBLE AND INTANGIBLE
HERITAGE IN UJJAIN
As stated above that Ujjain is a very ancient city of great religious
and heritage significance even today there are numbers of temples
with living tradition existing over here preserving both tangible
D and intangible heritage of the country. Apart from the Mahakal
temple, other known temples in Ujjain are 84 temples dedicated
to Lord Shiva in different names as below;
1: Augusteshwara Mahadev,

E 2: Gurihshwar Mahadev,
3: Dudeshwar Mahadev,
4: Damrukeshwar Mahadev,
5: Anadikalpeshwor Mahodev,
F 6: Swaranjaleshwar Mahadev,
7: Tivisthpeshwar Mahadev,
8: Kapaleshwar Mahdev,
9: Swargdwareshwar Mahadev,
G 10: Karkotakeshwar Mahadev,
11: Siddheshwar Mahadev,
12: Lokapaleshwar Mahadev,
13: Kameshwar Mahadev,
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14: Kutumbeshwar Mahadev, A
15: Indradumneshwar Mahadev,
16: Ishaneshwar Mahadev,
17: Apsareshwar Mahadev,
18: Kolkleshwor Mahadev, B
19: Nagchandreshwar Mahadev,
20: Pratihareshwar Mahadev,
21: Kukuteshwar Mahadev,
C
22: Karkateshwar Mahadev,
23: Meghnadeshwar Mahadev,
24: Mahalayeshwar Mahadev,
25: Mukteshwar Mahadev,
D
26: Someshwar Mahadev,
27:Anarkeshwar Mahadev,
28: Jateshwar Mahadev,
29: Rameshwar Mahadev,
E
30: Chavaneshwar Mahadev,
31: Khandeshwar Mahadev,
32: Pattaneshwar Mahadev,
33: Anandeshwar Mahadev, F
34: Kanthadeshwar Mahadev,
35: Indraeshwar Mahadev,
36: Markandeshwara Mahadev,
37: Shiveshwara Mahadev, G
38: Kusumeshwara Mahadev,
39: Akrureshwara Mahadev,
40: Kundeshwara Mahadev,
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A 41: Lumpeshwara Mahadev,
42: Gangaeshwara Mahadev,
43: Angarkeshwar Mahadev.
44: Utaareshwar Mahadev,
B 45: Trilochaneshwara Mahadev,
46: Veereshwara Mahadev,
47: Nripeshwara Mahadev,
48: Abhayeshwara Mahadev,
C
49: Prithukeshwara Mahadev,
50: Sthavareshwara Mahadev,
51: Shooleshwara Mahadev,
52: Onkareshwara Mahadev,
D
53: Shree Vishveshwara Mahadev,
54: Kanheshwara Mahadev,
55: Singheshwara Mahadev,
56: Revanteshwora Mahadev,
E
57: Ghanteshwara Mahadev,
58: Prayageshwara Mahadev,
59: Siddheshwara Mahadev,

F 60: Matangeshwara Mahadev,
61: Soubhageshwara Mahadev,
62: Rupeshara Mahadev,
63: Sahastradhanukeshwara Mahadev,
G 64: Pashupateshwara Mahadev,
65: Brahameshwara Mahadev,
66: Jalpeshwara Mahadev,
67: Kedareshwara Mahadev,
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68: Pishachamukteshwara Mahadev, A
69: Sangameswar Mohadev,
70: Dudhareshwar Mahadev,
71: Yogeshwar Mahadev.
72: Chandradityayeshwara Mahadev, B
73: Karbheshwar Mahadev,
74: Rajsthaleshwar Mahadev,
75: Badleshwar Mahadev,
C
76: Aruneshwar Mahadev,
77: Pushpadanteshwara Mahadev,
78: Abhimukteshwara Mahadev,
79: Hanumanteshwara Mahadev,
D
80: Swapneshwara Mahadev,
81: Pingleshwara Mahadev,
82: Kayavarohaneshwar Mahadev,
83: Bitkeshwar Mahadev, Durdureshwar Mahadev.
E
These Mahadeva’s temples are in the Ujjain city itself while
out of eighty-four the temples of four are within the same premise
of the Mahakaleshwara temple. These are Anadikalpeshwara
Mahadev, Thrivisthapreshwara Mahadev, Chandradityeshwara
Mahadev, and Swapneshwara Mahadev.
F
Besides Shiva temples in the city, there are nine temples
dedicated to lord Vishnu known by “Nau Narayana” (nine
Narayana) are; 1: Ananta Narayana, 2: Satya Narayana, 3:
Purushottama Narayana, 4: Adi Narayana 5: Shesha Narayana,
6: Padma Narayana, 7: Laxmi Narayana, 8: Badri Narayana, 9:
Chaturbhuja Narayana. G

Other religious and heritage places are Avanti devi temple,
Bade Ganesh temple, Harsiddhi Shakti Peeth, Ramghat, Datta
Akhada, Chaubis Khamba, Gopal Temple, Yogeshwar tekri (Tope),
Nagar kot Maharani temple, Chaunsath Yogini, Sandipani Ashram,
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A Mangalnath, Angareshwor, Ramajanardan temple, Chitragupta
temple, Gada Kalika temple, Vindhyavasini temple, Tomb of
Matsyanath, Bhrutahari cave, Kalbhairava temple, Siddhvatta,
Kaliadehmahal, Ashtachiranjivi, Rinmukteshwar, Aagyabetal, Veer
Durgadas ki chhatri, Vedshala, Chintamani Ganesha, Novagriha
temple, Iskon temple, Ramanujakot, and Archaeological Museum.
B
1.4 ARCHAEOLOGICAL EVIDENCE:
The site of ancient Ujjain is not however identical with the
modern city of Ujjain. As the time passed, the so-called Mahakal
vana converted into a populous city while the ancient city is now
C a desolate waste and known as Garh which is situated at the
north of the modern city of Ujjain and converted into a tabled land
of about 9 - 15 m above the adjoining plain.
The excavation carried out in the pre-independent era and
after was done in a different location nearby the city. In the first
D excavation of the site in Ujjain in 1938-39 Garde, its archaeological
potentiality was proved by the findings of a large miscellany of
coins, terracotta, beads, and pottery etc. after that further
excavation was carried out in vaishya tekri, kumhar tekri and
pallevali or kankar tekri where excavation yielded brick stupas.
In the Kumahar tekri, other antiquities were also recovered dated
E of 1st century BC. Thereafter further excavation was carried out
in 1955-58 and 1964-65.
In 1955 - 58, Site of excavation was chosen at Garh Kalika
mound where significant result was found in; period I; 750 to 500
BC; black and red ware, bright- redware, double slipware and
F few sherds of PGW and remains of rampart and remains of mud
brick fortification of about 74.67 to 197 m wide enclosed by moat,
evidence of road of 7.32 m wide, other objects of iron which may
go back about 1000 BC. In period 11, NBPW with the association
of thick grey ware and unslipped redware remains of structure
G made of mud, mud brick and stone rubble, ring wells, punch mark
coins and ivory seal bearing inscription dated 2nd century BC
was obtained. In period III, evidence included antiquities and
remains dated in three phases i.e. from Sunga, Satvahana,
Kushana, and Gupta period (200 BC-SOO AD). From late Gupta
to early Parmara period (500AD- 900 AD) and from Parmara to
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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Muslim (900 - 1300 AD). In the period IV, apart from other A
antiquities coins of Aurangazeb, Shah Alam, Daulat Rao Scindia
and Jankoji Rao Scindia were recovered.
In 1964- 65 excavations a small structure of limestone basin
was found associated with NBP.
1.5 MAHAKAL TEMPLE AND PREMISE: There are total B
142 small and large temples including Mahakal temple inside the
temple premise, of them, some are raised independently on the
floor of the premise and some attached in the niches and cells of
the main and other temples but all are counted and venerated
separately. At the south-west of the Mahakal temple has C
Anadikalpeshwar Mahadev temple on a slightly raised platform
now converted into a new construction in red stone flooring all
around the temple and steps at the north side for reaching to the
temple. This temple also faces east and consists of a Nandi
mandapa, saonotnorciooa, mandapa, and garbhagriha. Garbhgriha
enshrines a Shivalinga within jaladhari. The garbhagriha, mandapa, D
and pillars of sabhamandapa and Nandi mandal appear old while
the roof of the latter two are new constructions and painted in
pink colour.
On the right of the Anadikalpeshwar temple has
Briddhakaleshwar temple on the same level of floor as the former E
laid in red stone flooring like Anadikalpeshwar, this temple is also
repaired with unmatched paintings on the roof of main shikhara
and mandapa, while on the walls of mandapa, new stones are
added in between the pillars to cover the mandapa.
Just backside of the Briddhakaleshwar temple is a small shrine F
constructed only to enshrine an old sculpture of Lord Vishnu which
is now in a poor state of preservation as a thick patina of oil and
other offering material has been developed over this image.
On the east side of the Anadikalpeshwar and Briddhakaleshwar
temples are other shrines of various dimensions dedicated to G
different deities. All these are painted in pink and red colors. They
all are raised on the different level of the floor covered in red
stone flooring. All the shrines are more or less modified with marble,
red stone, and modern tile flooring and paintings of many different
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A colors especially at the inner sides of the shrines. In some of the
temples like Balavijaya Maruti temple whole interior and exterior
has been changed with modern tiles used on the floor and walls.
On the west side of the Mahakal temple is kotitirtha (ancient
pond) surrounded by the modern structures and dharamshalas at
B north, west and south sides. In between the kotitirtha and structures,
there is a sufficient space developed with stone steps all around
for leading to the kotitirtha. Besides that, numbers of miniature
shrines raised in four pillars and topped by round dome like shikhara
enshrining each with Shivalinga, are built around the pond indicating
of kotitirtha (innumerable pilgrimage).
C
Beside that numbers of small shrines are raised at the front
side (east-north) of the main temple in varying sizes and
dimensions.
The garbhagriha (sanctum) of Mahakal appears basically a
D cave enshrined with Shivalinga. It is quite deep below the ground
level. There is no physical evidence available there about the
construction of original temple, but as of now, the temple existing
over the main sanctum is of very late period probably of Maratha
period (18th century AD) wherein some of the traits of bhumija
style of Parmara period appears adopted in the walls and shikhara
E of the shrine. Therefore, it can be inferenced that prior to this
temple of Maratha period, here was the temple in the Bhumija
style of which traits were adopted in the present temple.
Over the sanctum, Mahakal temple faces east, supported by
total 48 pillars arranged in 7 rows but when sanctum, where the
F main Jyotirlingam enshrines, is entered, it can be reached from
two the narrow passages from east and west sides through two
doorframes on the south and the north sides. The general public is
allowed to enter through north side doorframe while south
doorframe has been used by the staff and VIPs for entering into
G the garbhagriha (sanctum). The south side doorframe is
composed of three shakhas and is approached by a flight of steps
down to the ground floor whence another doorframe of plain design
opens at south into the garbhgriha.

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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

On the north side, doorframe, plain in design, has cladded in A
silver metal and ornamented in religious figurines, symbols and
canopied by snake at the fintel.
In the premise, Mahakal temple occupies a central place.
Besides that, there are about 142 other temples in small and large
size constructed within the premise. Of them Briddhakaleshwar B
and Anadikalpeshwar temples are considerably larger and almost
corresponding in core style and both locates at south of the Mahakal
temple, other dedicated to Sakhshigopal, Veerbhadra Mahadev,
Ichcha Ganesh, Mangalnath Avantikadevi, Koteshwar Mahadev,
Rakeshwar Mahadev, Suryamukhi Hanuman, Balahanuman,
Bhadrakali, Siddha tantra, Ram mandi, Narsimha, C
Nilakantheshwar, Kashivishvanath, Annapurna Devi, Gayatridevi,
vitthalnath ere are small. Mahakal temple is constructed in three
floors above the ground floor. Each floor at the front is provided
by a portico supported with pillars.
The underground floor is dedicated to the Mahakal wherein D
garbhagriha enshrines a shivalinga, ground floor to Omkareshwar
wherein another small shivaling enshrines, the first floor has a
cell, and second consists of a sanctum with Shivallinga, also a
sculpture of Nagchandreshwar is placed inside a niche on the
north wall of the 2nd floor and covered by a glass window. E
On the south side at the ground floor, a doorframe opens into
narrow steps leading to the 1st and 2nd floors which appear not
for general public but only for pujaris for worshipping
Nagchandreshwar. It appears that prior to Maratha period whole
temple might have constructed in parmara style and when fallen F
it was probably attempted to restore in the same style but could
not be adopted in ditto, therefore, a new Pushpa had evolved with
a blend of Parmara - Maratha style. Architecturally, the temple
can be classified into three broad part from below to top consisting
of vedibandha, jangha, and shikhara. From the ground, each
projection raises equally up to the jangha and then to the top G
where it terminates into a large finial. On the ground floor, there is
each portico provided on the north, west and south sides to enter
the sanctum of this floor by doorframe of plain design. There is
no extraordinary decoration on the outer walls except moldings at
lower walls and miniature shrines at the shikhara. At the ground H
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A level whole temple has been supported with 48 pillars on front
side and pilasters on the corners of the walls.
1.6: - CONDITION OF GARBHAGRIHA AND
JYOTIRLINGA/ SHIVLINGA/ LINGAM
In the ground floor, the garbhogriho of Mahakal is almost a
B square cell measuring 4.16 x 4.16 m enshrining with a Shivalinga
within jaladhari with silver encasing measuring a length of 2.08 m
and dia in 1.27 m. Generally, the mouth of jaladhari opens into the
north side but here it opens at the east direction.
The inner walls and ceiling of the sanctum are cladded with
C the silver sheets and decorated with different religious symbols
and images and niches on the east, west and north walls are
provided and enshrined with a metal sculpture of Kartikeya,
Ganesha, and Goddess Parvati respectively and they are in
folkish style. In 1996 these sculptures made of silver were placed
D inside the niches which earlier were in marble stones.
A silver sheet embossed with tracery has been provided on
walls of the garbhgriha in 2016. The walls are tracered in two
parts; the lower half with the motifs of (+) design while upper
with the motifs of Pushpa, Kalasha, trishula, swasthik,
E ardhachandra, shankha, dhanusha-Bana, gada, kamandal,
Nandi, chimta, swastika dwaja, Simha and such many other
religious symbols.
The ceiling has been interestingly incised with Rudrayantra of
271 distichs. We were informed by the local Pujaris that this silver
F ceiling has been provided in 1996 when earlier ceiling which was
of silver plaque inlayed with stones, were fallen. The yantra was
recreated in the same style as it was in original and installed in the
silver sheet and fixed slightly upward than the earlier one.
There are two silver lamp-stands (deepdaan) inside the
garbhagriha on either side of the Shivalinga which originally are
G
of stone but encased in brass. In 1994 brass encasing of both
were replaced with silver cladding.
1.7 A: -SHIVALINGA, MODIFICATION, AND EFFECT
Shivalinga/ Jyotirlinga of Mahakal is considered as sthavara or
H Achala and Swayambhulinga or Uttamottamalinga (most
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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

superior linga). In the kamikagama, Swayambhulinga is described A
as one which rose up and came into existence by itself and had
existed from time immemorial. As such even if such type of linga
is slightly damaged they need no jirnodhwaro (re- setting up).
In the garbhagriha sandstone shivaling is directly rose at
the center and within the jaladhari (Saluka) facing east. It is B
67.5 cms in height and 42.97 cms India within the jaladhari of
127 cms India and 208 cms in length. In 28.12.1924 portion of
Jalandhari of silver which cost 12 and was stolen from the main
temple, another jaladhari of silver were installed in 20.9.1925
along with a brass parapet (Katra) around the shivalinga. In 1994
again brass parapet donated by the devotee was replaced with C
silver. There is no brahamasutra line found on the east surface of
the shivalinga rather in place of it, two semi-round lines at the
bottom are, in such a way that one line comes within the other.
This sort of line appears natural not by the man-made. On the
same side, the depressions have occurred on the bottom and lower D
side. On the west surface of shivalinga, depressions are noticed
at the bottom and lower side while on the upper side they are
least. On the north side, there is no depression noticed. On the
south side. whence devotees can have a view the Shivalinga from
the hall, there is no such depression noticed except a round delve
on the bottom occurred due to chipped off. E

There is a tradition of six-time worships performed in a day
inside the garbhogriha and it is called as Bhasma Arti, Datyodak,
Bhoga Arti, sandhya pooja, sandhya arti and shayana arti. These
worships the starting from early morning to night between 4-6
am, 7 - 7:45 am, 10 - 10:45 am, 5 - 5:45 pm, 7 - 7:45 pm and 10- F
10:45 pm respectively. The main ingredients offered in the pooja
are water, milk, curd, honey, ghee and sugar, liquid perfume, a
pest of sandalwood, pest of cannabis and flowers. In the first
morning pooja apart from these, the ash of dry cow-dung has
sprinkled over the shivalinga at the last. G
There are 37 families of Brahmins of Ujjain who are responsible
for conducting pooja in the temple in a traditionally scheduled time
and for each pooja, at least 3 to 5 Poojaris are deployed at a time
and in special occasion more are deployed.
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A B: - MORNING WORSHIP AND MATERIAL USED IN
THE WORSHIP
A group of Brahmins attends the Mahakal pooja at morning
hour wherein at least five Brahmins take part. Morning worship
of Lord Mahakal is very interesting. It starts at around 4 am daily
B and for that devotees remains in the queue since early midnight
so that they could have a view of the god and pour a lota of water
over the Shivalinga.
At the beginning every devotee pours water over Shivalinga
one by one and then worship starts with chanting of mantras and
offering of doodh (milk), shakkor (sugar), dahi (curd), shahad
C
(honey), panchamrita (mixture of five], gangajal and at last itra
(liquid perfume) over the linga (liquid perfume) over the linga.
After offering of all these stuff, shivalinga is cleaned by the water
then process of decoration begins followed by putting handful pile
of cooked rice on the top of the shivalinga then three garlands one
D by one around the pile, preparing of forehead by using pest of
sandalwood, then pundarika, eyes, nose, lips etc. The eyes are
decorated by putting silver pieces and lips by Vermilion, thus a
face of Shiva is prepared towards the south side of linga whence
it can be viewed by devotees seating at the south side hall. At
least five Brahmins attend the pooja of them one does this
E
ornamentation, other perform other activities like giving articles
(samagri) to him, cleaning and bringing other parts of the sanctum
and providing other articles of worship (pooja samagris) into the
garbhagriha. After completing decoration, a garment is worn over
the Shivalinga in such a way that top and sides the while face
F remains open. Then kundala, kapalamala made of silver are worn
followed by a chhatra, over the Shivalinga, made of same metal.
After that worship begins by offering dhoop with a dhoopadan
made of silver. After that Shivalinga is covered by a garment and
one of the Pujari made an announcement that lady devotee may
avoid to see the Shivalinga now, because they were going to pour
G
dry ash of cow dung (bhasma) over the Shivalinga. , is a kind of
indication of digamber (nude) form of Shiva that’s why lady
devotees are called to veil. By doing so poojari takes a bale of ash
in his right hand and sprinkles over the Shivalinga till it is finished
and for that, it takes around five to seven minutes while the whole
H process of pooja takes more than one and half hour to finish.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 689
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

At last, Shivalinga is cleared from the articles offered over A
the linga and ornamentation and one by one Arti added earlier for
decoration is removed and it is cleaned again by the plain water.
Thereafter group of ladies of the city enter the garbhagriha to
offer milk over the lingo followed by other devotes, thus the order
of coming devotees and pouring milk over the redware begins
B
whole day except the pooja hours as referred above. In the pooja
of 5 pm, the decoration of the lingo is again done almost in the
same pattern as stated above while in the rest four pooja at 7 am,
10 am, 7 pm and 10 pm decoration is not done.
As per the information provided by the temple poojari the
offering material used in the morning pooja includes; milk (5 litre) C
curd (1 kg), ghee (1 kg), honey (1 kg), sugar (250 grams),
sandalwood paste (100 grams), cannabis (100 grams), liquid
perfume, abeer (100 gram), gulaal (100 grams), kanku (100 grams),
rice (250 grams), garland (5 nos), flowers (1 kg), vilvapatra (1008
nos), gangajal, gulabjal, juice of fruits (5 kg), coconut water (1 D
litre) and juice of sugarcane (litre). For the decoration of lingo
cannabis (1 kg), cashew nut (250 gram), almond (250 grams),
pistachios (250 grams) and chooroli (250 grams).
1.8 MAINTENANCE AND RESTORATION OF TEMPLE
PREMISE AND ACTIVITIES E
As stated above, in the temple premise has numbers of small
and large temples corresponding to more or less in architecture to
each other. But except main temple and walls of Briddhakaleshwar
and Anadikalpeshwar temples, rest of the shrines are reflected as
modern temples due to modification, crappy restoration and F
paintings are done in white, cream and red colours.
At the interior of the main temple, silver cladding in the
garbhagriha, tiles in the walls of the passage leading to
garbhagriha, tiles in the walls of cells and niches, tiles on the
first and second floors have been provided. In the Anadikalpeshwar G
temple, the roof of the sabhamandapa and mandapa are altered.
In the Anadikalpeshwar temple, the roof and walls of the mandapa
have been replaced with new one. In the Balavijay Hanuman
temple whole the interior and exterior walls and roof of the temple
has been replaced with modern vitrified tiles and painting and
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A pillars, arches of outer courtyard and ceilings with oil paintings.
The floor of the premise is constructed in red flog stones and
level of the floor of each temple arranged with steps. Besides
that, some new constructions have been also constructed between
the old temples and some are still going on in the premise.
B Apart from the daily worship in the temple, there are other
activities being carried out and looked after by the Mahakaleshwar
Temple Management Committee. These activities are:
A: Daily cleaning of the temple premise, gaushala, Vedic
samsthan, Vikram Kirti Mandir, rasoi of the temple and
C surrounding area of the temple premise. Cleaning is done by
outsourcing.
B: Rasoi is maintained by the committee wherein about 55-60
staff is engaged in cooking and serving bhog to the visitors free
of cost. The Bhog is available from morning 11:00 am to night
D 11: 00 pm.
C: An another Laddu Prasad unit is also being run by the
committee, which cooked laddu as a prasad and sale to the
devotees every day,
D: Temple committee runs two ambulances for giving medical
E assistance to the peoples of nearby villages. One doctor and one
nurse have been also engaged to render free medical checkup
and medicines to the public.
E: One Shavavahan is kept for free carrying of dead bodies to
deliver at the cremation place for the funeral. It is a free service.
F
F: One bus is also run by the committee for carrying visitors to
show important religious places of Ujjain.
G: In the pravachan hall several programmes are organized in the
month of the Sravan month (Monday), Uma sanjhimahotsava
in Ashvin month which includes preaching by renowned kathakar,
G shastriyo sangeet, and other cultural programmes like
bharatnatyamma etc. programme.
H: Temple Vedic Sansthan is established to educate students of
class VI to XlI on Vedic literature and Sanskrit. Presently about 6
teachers are educating 70 students in the Sansthan.
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 691
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

I: Temple committee is maintaining gaushala at Chintamani area A
wherein about 100 cows are reared. The milk of the cow has
been used in the worship and other ceremonies of the temple.
CHAPTER -11
NATURAL (PHYSICO~CHEMICAL) WEATHERING OF
B
STONE WITH REFERENCE TO MAHAKAL
JYOTIRLINGA
In this chapter, natural causes (Physico-Chemical) of weathering
of stone in the context of Jyotirlinga have been discussed in general
keeping in view the offerings (ingredients) used during the prayers/ C
rituals of the lingam.
Rituals including Bhasm (Ash) Aarti and Abhishekas on the
lingam starts right from the dawn of the day and continue throughout
with short intermittent breaks. A large number of devotees visit
the temple daily and offer many ingredients and puja samagree as D
a part of the ritual with great religious belief and Astha. The number
of devotees increases appreciably on any auspicious day or during
festivals. These offerings due to their physical or chemical
characteristics may interact differently with the minerals of natural
stone (Ungam). This continuous interaction, in the long run, may
be responsible for appreciable damage to the substrate (Lingam). E

2.1 General Chemical Characteristics of Some of the
Ingredients:
It is important and imperative to consider the Normal Chemical
Characteristics of the ingredients which are generally offered by F
the devotees in order to have a better understanding of the
physicochemical or Geo-Chemical Interactions of these products
with the stone of which this jyotirlinga is carved out. These are
briefly discussed below:
Milk: The milk is a biological fluid having following gross G
composition:

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A The pH of normal pure milk generally varies from 6.5 to 6.7.
Source: Handbook of Chemistry; DOI 10.1 007/978-3-642-
41609-5_31-1.2015, page
Dahi (Curd):
B Physico Chemical analysis of Dahi in percentage

Protein Ash Total Lactose pH Total plate Total coli
dissolve count form count
C
solid

3.60 3.27 0.68± 15.63 ± 4.73±0. 5.05 7.68 ±0.01 2.32±0.11
± 0.43 0.02 0.1 01 ±
D
0.50 0.21

Homemade Desi Ghee:
The chemical composition of Homemade Pure Ghee:

E
Colour flavor Refractive Moisture
Index Acidit y
White Pleasant Granular 29°C 1.4530 0.4 3.0

F
Small chain saturated fatty acid (SFA): 12.5% Mono-saturated
fatty acid (MUFA): 19.91% Long Chain fatty acids (SFA): 73.77%
Medium-chain Fatty acid (SFA): 20.17%
Honey:
G
Average Composition of floral and honeydew Honey is as
below:

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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 693
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Characteristics or Floral Honey (%) Honey Dew Honey (%) A

Constitution

Few clumps of crystals Few clamps of crystals
1 Granular Tendency
1/8 to each layer 1/16 to 1/8 inch layer
B
2 Colour Dark half of White Light of amber

Moisture 17.2 16.3
coli
count Laevulose 38.19 31.80
C
6 Sucrose 1.31 0.80
±0.11 7 Maltose 7.31 8.80
8 High Sugar 1.50 4.70
D
9 3.91 4.45

Free acidity 22.03 49.07
Lactones 7.11 5.08

12 Total acidity 29.12 54.88 E
13 Ash 0.16 0.73
cidit y
0 Sugar Products:
Avergage Chemical Composition of Sugar Products is:
F

SN Composition Average in percentage
Sucrose 8.1-8.7%
Reducing Sugar 3-6%
G
3 Oligosaccharides 0.06- 0.6%
Polysaccharides (including
4 0.2-0.8%
Gums and Dextrans)

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A Sandal (Chandan):

Major compositions of sandalwood powder or Oil are: Alpha
Santatot - 41.0 - 55% and Beta Santalol- 41.0- 55 %.
Bhang (Cannabis):
B
The buds and leaves of Cannabis are ground into a paste to prepare
Bhang. The Biodeterioration component is Cannabidiol and delta-
9-tetrahydrocannabinol.

These compounds believed to have Antifungal, Antibacterial and
C Antibiotic property.

Abir or Abeer and Gulal:

If these products are not derived from natural flowers/herbs, may
contain synthetic dyes which are manufactured through the
D chemical process most likely with non-standard parameters and
hence the resulting colours may have toxic effects of abrasion on
sensitive objects.

Kanku (Kumkum):
E It is either made from turmeric or any other local material. The
dried turmeric powder is mixed with slaked lime which turns the
rich yellow colour of the turmeric into a red colour. Modern
Kumkum (Sindoor) mainly uses Vermilion. Orange-red pigment
vermilion is purified and powdered form of cinnabar or mercury
F sulfide.
Fruits Juices:
On many occasions, devotees offer fruit juices of a different
variety. These fruit juices may have a different chemical
composition and pH value depending upon the nature of the fruit.
G
The pH value of some of the fruit juices is given below. This pH
value represents the acid or basic character of any solution.

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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 695
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

A
Seasonal Fruits (Juice)
5.36
2 3.60-4.30
3.30- 4.00
B
4 3.40-4.80
5 W atermelon 5.18-5.60
6 Pineapple 3.20-4.00
7 Pomegranate 2.93-3.20 C
Papaya 5.20-6.00
Guava
Orange 3.30-4.19
Grapes 3.00-3.75 D
12 Sugarcane 5.2-6.8 (C rude Juice
13 Coconut water 1.5- 5.2

Bhasm / Ashes of
E
Cow Dung Cakes:
We have been informed that ashes of Cow Dung Cakes are being
used during the Bhasm Aarti. Good quantity of ash is generally
used every day through sprinkling using a muslin cloth. Sample
has been collected and our preliminary analysis (XRF) (courtesy: F
Wadio Institute of Himalaya Geology, Dehradun) revealed that
the ash collected is quite rich in Silica Content (around 63%),
Oxide of Calcium (10.75%), oxide of Magnesium, Aluminium,
Phosphorous, Potassium, Iron and traces of oxides of Titanium
and Manganese. The solubility of the Bhasma in water is almost
negligible, however, in acid, it is sparingly soluble. G

Microscopic observation of the bhasmas carried out in the
laboratories of the Director (Science) Dehradun revealed the

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A amorphous-crystalline character of the Bhasm. This characteristic
of the Bhasm expected to have abrasive action on the soft objects.
Burning of Oil Lamps, Dhoop or Essence Sticks:
Oil lamps, Dhoop or essence sticks use carbon/charcoal powder
mixed with some oil and aromatic compounds. When allowed to
B burn, thick smoke or fumes are emitted into the air which generally
creates the biofilm of black soot on the interior wall surface of the
temple. This may be aesthetically unpleasing but more importantly,
may induce a slow process of decay in the material on which it
deposits.
C Note: Above analytical data represent the chemical composition
and general characteristics of the materials as per references
available and does not speak about the actual materials except
Bhasm being used during the rituals or about any sample of those
materials.
D 2.2. NATURAL WEATHERING OF THE SANDSTONE
Sandstones are Clastic Sedimentary Rock and are susceptible to
decay if exposed to the natural environment or manmade adverse
deteriorating conditions. (Details of the formation/genesis of such
rocks and their geological/mineralogical properties are
E discussed in Part 3 of the report).
While examining the Mahakal Jyotirlinga, its decay/ damage/
deterioration due to the use of different ingredients used during
the daily ritual, it is necessary to refer to the Natural weathering
process of Sandstone of which this Jyotirlinga is carved out.
F
It is very important, but also very difficult to assess where the
natural process of weathering of stone finishes and the damage
induced in the stone due to human activity starts to exacerbate
stone decay. To recognize the mechanisms of stone decay it is
necessary to examine the natural processes of weathering.
G A: Water - A Major Cause of Decay of Stone:
Stone decay depends on many factors. The wet climate is one of
the slipware factors of decay and ingress of water or moisture in
the core of the stone causes dissolution of active mineral cement

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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 697
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

(Fe and Mg Carbonates]. The decay of feldspars and the swelling A
of kaolinite further weaken the subsurface, the weak zone
encouraging the detachment of the surface patina, and granular
disintegration subsequently. As a result, the most common decay
types encountered include granular disintegration, pitting, blistering,
flaking, dissolution, the formation of fissures, and crust formation.
B
The precise character and the effects of, depending on the
mineralogy of the rock and durability of sandstone, therefore,
depends on its framework mineral composition and secondary
cement.
The environment of High humidity is equally injurious to stone as
it keeps the stone wet for a long time and triggers the process of C
solubilization of minerals. Water may contain some soluble salts
and ingress of water in the matrix of the stone may carry these
salts within the stone. Wet and dry cycle thereafter cause
efflorescence of salt on the surface and may result in peeling off
of the top layer of the stone. D
B: Biological Decay or Bio-deterioration of sand Stone:
The qualitative and quantitative development of Biological
Elements on stone and resulting process of Biological Decay is
strictly linked to environmental conditions as a whole.
E
The biological decay of stone may be induced as a result of Bio-
Geo-Chemical interactions of the microbiological metabolites
secreted by different categories of macro and microbiological
species with the stone matrix. These biological species may be
Phototrophic or Non-phototrophic.
F
In the present context, non-phototrophic biological species have a
significant role to play as far as the decay of the Jyotirlinga is
concerned. The growth of the micro-organisms of this category
and the action of their biological metabolites on the stone depends
on the following factors:
G
• Light
• Nutritive Factors
• Environment to which Stone is exposed

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A However, macro and microbiological species may cause both
mechanical and chemical damage to the substrate but in the present
context, the chemically induced damage is important to be
considered. Some of the metabolites may be chelating and some
may have a different affinity of reaction to certain metals elements.
B As during the rituals and Abhishekas milk/ curd/ or any other
milk/ fruit product are used, the bacterial action is generally expected
on the stone if the fermented products rich in certain species of
bacteria are not washed away at regular interval of time.
Different species of Lactobacillus bacteria are generally
C present in milk products and under optimum conditions i.e. suitable
temperature and humidity, they start to multiply with appreciable
rate utilizing the lactose a good nutrient for bacteria present in the
milk products. During the process of multiplication of the bacteria
and consequent fermentation process, lactic acid is expected to
be released in different quantity in the solution. If this fermented
D product is not discarded or utilized, it may result in the formation
of a by-product of more acidic nature which may be more injurious
to the substrate. General Chemical reaction involved in the process
is given below.
C12H22O11 + H20 C6H1206 + C6H1206
E
Lactose Galactose Glucose

C 6H 12O 6 OH COOH
Galactose Lactic Acid
F Other species of bacteria (Sulphur and Nitrogen) are also expected
to grow in the stagnant medium rich in cellulosic material and
carbohydrate.
The large amount of flowers, Bilva Patra and other materials
offered by the devotees to the Jyotirlinga when not removed with
G a periodical interval, attract bacterial action on these materials.
This bacterial action may also be injurious to the stone including
sandstone because mild acid products released through the
metabolic activities of micro-organisms may react with the metal
ions of the sandstone very easily causing disintegration of the
substrate through leaching of the cementing material.
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 699
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

2.3. EXAMINATION OF THE MAHAKAL A
JYOTIRLINGA AND GARBHGRIHA:
The Jyotirlinga was carefully examined by the team on 7th
September 2017 after the Bhasm Aarti in order to make an
assessment with regard to its decay due to the use of different
materials during rituals. We have also been present during the B
early morning Bhasm Aarti to record the process of this great
ritual and to have information about the ingredients generally used
during the puja.
A: General Observations of the Jyotirlinga:
There is only one entrance door on the Southern side for the C
devotees to enter in the Garbhgriha and there is no room for
Parikrama around the Jyotirlinga. All the devotees offer materials
for rituals and do Abhishekas on the Jyotirlinga from the Western
and Northern side of the Garbhgriha. Jyotirlinga is fixed on a
circular pedestal of silver metal. It was not possible to visualize D
the bottom portion of the Lingam and its depth under the floor
surface. The dimension of the lingam above the pedestal has
already been discussed earlier. As far as general conservation
status of the Jyotirlinga is concerned, chipping of the polished
layer may be seen mostly on the eastern and western side having
caused depressions or pits. These characteristics may be seen E
elsewhere also on the lingam.
The top of the Jyotirlinga appears to have good polish but on the
southern side the polish has been considerably damaged and fine
minerals of sandstone are exposed. The polish on the top of the
lingam is difficult to differentiate if it is the original polish or has F
been developed and is maintained due to the rubbing of the offering
materials on the Lingam particularly on the top portion during the
Bhasm Aarti. A half-spherical chipped off the mark on the stone
is visible on the Southern side and two parallel spherical marks
originated from top of the lingam moving downwards on the G
Eastern side.
The team has also witnessed that liters of water / Ganga jal are
offered by the devotees daily. Good quantity of milk, curd, a small
quantity of honey, ghee and other materials are also Katra during
the Bhasm Aarti including a lot of flowers and belpatra. However,
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A during the Abhishekas of Jyotirlinga, water/Ganga jal is supposed
to wash away the milk products and carbohydrates but at many
places especially on the bottom of the lingam, we have observed
thick accumulation of sticky, slimy fermented by-products of milk
including carbohydrates. This accumulation is expected to invite
bacterial action if not, washed away regularly. The bacterial action
B
on the stone is, however, a slow process but expected to cause
damage to the substrate if not controlled in time. The bacterial
action on the flowers and other offering materials may also invite
fungal growth which in combination with the bacterial action may
be more harmful to the substrate. Bhang is also offered to the
C Jyotirlinga during the Bhasm Aarti but the bhang paste generally
contains alkaloids and phenolic compounds which are not expected
to cause damage to the stone. The presence of alkaloids and
phenolic compounds rather help to control biodegradation as these
compounds also show antibacterial and antifungal properties. The
offering of Bhasm and other powder offering materials are
D
expected to have certain chemical compounds, the rubbing of which
on the lingo may cause damage to the top layer of the stone. The
offering of fruit juices is also expected to be injurious to the stone
because of their low PH value and acidic characters.
The sealing of joints around the Jyotirlinga has been observed to
E be severely damaged which may be a cause for infiltration of
offerings including water which may also lead to bacterial action
and moisture related damage to the stone.
The Marble flooring has also developed pits most likely a sign of
deterioration as a result of cumulative actions of all deteriorating
F factors.
The walls of Garbhgriha are now covered with a silver metal
sheet which has lost original polish. As far as general ambiance
of Garbhagriha is concerned, the average temperature between 4
A.M to 6 A.M has been recorded as 23.5 o C and humidity as
G 78%. The high percentage of the humidity is also important as
retention of moisture within the Garbhagriha creates favorable
conditions for biological activities. This also keeps the Jyotirlinga
wet throughout the day which is a negative feature as far as the
decay of the lingam is concerned.
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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

B: Drainage Facility for the Disposal of the liquids and A
Solids:
The committee has observed that all the liquid and solid waste are
generally collected through drainage in a small pit outside the
Garbhagriha from where these are pumped out with the help of
the electrical motor. B
It would be appropriate if this disposal system is improved so that
humidity level in the vicinity of the Garbhgriha is maintained suitably
and cleanliness may be ensured in the surrounding area.
(C) Electrical fittings in the Garbhgriha also demand major
renovation keeping in view the safety reasons and to make the C
environment of the Garbhgriha more healthy and pleasing.
2.4 OTHER OBSERVATIONS:
Besides the Jyotirlinga and Garbhgriha of the Mahakal Temple,
following observations have also been made by the Committee D
and the Committee feels that action may be taken for better
Conservation and Preservation of ancient structures and stone
figures. Periodical Inspections, Preventive conservation, and
Preservation may be ensured for such ancient stone figures of
religious importance.
E

CHAPTER- III
GEO-SCIENTIFIC STUDY OF LINGAM
MAHAKALESHWER UJJAIN, MP
3.1 Introduction: F

In the proceeding of Court No 10 of Honorable Supreme court of
India, SLP Civil No 15459 of 2017.Upon hearing the counsel and
on the proposal submitted of Learned Additional Solicitor General
Shri Tushar Mehta, the Court made the following committee from
GSI and ASI comprise of Shri Hemraj Suryavanshi and Shri L.L. G
Vishwakarma from GSI and Shri Madan Mohan Chouhan and
Dr. V.K. Saxena from ASI to study / survey/ analysis examine
Mahakaleshwer Jyotilingam of Ujjain (MP) and to prepare a report
containing the rate of which the deterioration in the size of Lingam
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A is taking place, if any, and the measures/steps/precautions to be
taken to ensure that this deterioration/shrinkage of Lingam stops.
The Committee also study the other structures and the temple
and submit what steps are required to be taken to overall improve
the entire premises and for its preservation. The Committee makes
a study and reports inter alia as how much deterioration of Lingam
B
has taken place during the last three-four decades and what
remedial steps have to Sardar.
The committee Members of ASI and GSI jointly visited Ujjain on
7.9.2017 to assess the deterioration of Jyotirlingam of
Mahakaleshwer and to discuss the scope of the area of work for
C the GSI and ASI team.
The GSI will carry out identification of rock type and its
composition of Jyotirlingam workout causes of deterioration in
the size of Jyotirlingam if any and suggest remedial measure. ASI
will study the archaeological and conservational aspect of the
D temple premises, apart from carrying out chemical studies of
offering material to the Jyotirlingam
Geological Survey of India, Bhopal team has assessed the limitation
and accordingly methodology and instrumentation has been
selected for the detailed study of the lingam rock. Since rock
E sample cannot be taken out from the Jyotirlingam for detail studies,
therefore, visual observation, as well as studies based on non-
destructive methods like remote sensing technique with an
instrument named Spectroradiometer, was adopted to identify the
rock and ascertain its composition. The instrument as well as two
F expert scientists from Nagpur office were called. The Nagpur
team was reached Ujjain on 10/9/2017 and carried out his work
on 11/9/2017. The team has collected spectral signature of lingam
rock and matched with standard spectral signature available with
spectral library of CHQ of GSI, Kolkata.

G Another non-destructive method by portable XRF studies of lingam
rock was felt necessary to cross checks the identification made
by the remote sensing technique. Therefore, one portable XRF
instrument along with one scientist was called from GSI, Jaipur.
Portable XRF machine was used to collect information on 12/09/
2017 at 19 points in Jyotirlingam rock to study the composition of
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 703
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Jyotirlingam rock in weathered part as well as on non-- weathered A
part of Lingam. Based on these studies remedial measures ware
worked out to reduce the extent of chemical weathering.
Apart from this water sample, ash samples, samples of offering
items like bhang, cow dung were collected and analyzed to
ascertain the real cause of chemical weathering and to suggest B
suitable remedial measure to improve the overall environment of
the temple premises ware suggested.
3.2 Observation and studies of Jyotirlinga:
3.2.1 Visual observation: The Shiva Lingam measuring 67 cm
in height and 47.97 cm in diameter situated over silver coated C
Jaladhari of 208x127x30 cm in size. The lingam rock is pinkish
buff coloured orthoquartzite similar to quartzite of Vindhayans. It
is massive, hard and compact fine to medium grained, well sorted
arenaceous quartzite compose of quartz occasionally with minor
feldspar with the siliceous matrix. Majority of the grains are quartz D
along with minor orthoclase giving light pinkish brown shade to
the lingam rock. The cementing material is siliceous with minor
ferruginous impurities.
There are traces of two bedding plane on the left side of the
lingam rock with a minor change in grain size and composition E
along these plane. These bedding planes are visualized as an imprint
in the forms of a slightly depressed linear groove-like structure
due to differential weathering, but on the fresh surface exposed
in pits developed in lower part of lingam in the eastern side, these
imprint of bedding are not visible by naked eyes.
F
3.2.2 Studies based instrument:
(a) Spectral studies by Spectroradiometer:
On the basis of visual observation as well as studies based on
remote sensing technique with the instrument named
Spectroradiometer was adopted to identify the rock and ascertain G
its composition. Two experts Geologist one from GSI Nagpur &
another from GSI Kolkata along with Spectroradiometer
Instrument have carried out studies of the lingam. The team has
collected spectral signature of lingam rock on 11/09/2017 and
matched these signature with the standard spectral signature of
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A rocks available in the library at GSI headquarter Kolkata. Total
10 no of spectral signature from a different part of the Shiva
Lingam was collected. This study also confirms that the Lingam
rock is quartzite, mainly composed of quartz, orthoclase and a
minor amount of mica in the matrix.
B (b) Portable XRF studies:
Portable XRF studies of lingam rock were felt necessary to cross-
check the identification made by visual observation as well as
with the remote sensing technique, therefore one Chemist from
GSI Jaipur was called to carry out a study of Lingam with Portable
C XRF machine. Total 19 observation points were recorded by the
instrument on 12/09/2017 on lingam. The objective of this study
was to ascertain the approximate composition of lingam rock in
weathered part as well as on non-weathered part for confirmation
of its identification. Based on these studies remedial measures
were worked out to reduce the extent of chemical weathering.
D The composition of Lingam rock worked by this instrument
conform its sedimentary nature with the presence of minerals of
zirconium and titanium in traces. Observation at 19 spots from
the instruments over the lingam rock was taken and the silica
percent ranges from 66 to 92.6% in 10 samples, out of which 7
E spot samples have more than 75% silica. It conforms that the
rock is orthoquartzite. Methodology and analytical result are
enclosed as Annexure-III.
3.3 Water analysis by portable water analysis kit and ICP-
MS Instruments:
F Water analysis of the temple premises was carried out at seven
selected locations and it was found that the pH value of water
being used in the offering is high ranging from 8.4 to 8.7
Water is a universal solvent and dynamic medium which
necessitates its analysis. Ionic Product of pure water at 25°C is
G 1x 1O-14.Water is composed of H+ ion and OH- ion.
H2O H+ + OH- (Ionic product)
In pure water of the hydrogen ion (H+) and hydroxyl ion (OH-) is
equal. Hydrogen ion (H+) is responsible for acidity and hydroxyl
ion (OH-) is responsible for the alkalinity of medium i.e. if hydrogen
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 705
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

ion (H+) increases in the medium the acidity will increase and if A
hydroxyl ion (OH-) concentration increases in the medium than
alkalinity will increase. The H+ and OH- concentration is
measured in terms of pH value which is the negative logarithm of
H+ concentration in water.
pH = - Log [H+] B
If any liquid is having pH less than 7 then it will be acidic, and if it
is more than, it will be alkaline/ basic in nature. pH 7 is considered
neutral.
Weathering of rock increases on exposure to acidic as well as, as
well as two expert scientists from Nagpur office, medium as C
compared to neutral medium; due to increase in electrochemical
reaction. On exposure of high silica material to acidic medium
have no significant weathering effect but on exposure to basic/
alkaline medium weathering increases by following reaction:
SiO2 + 2KOH –> K2SiO3 + H2O D
On the bacterial decomposition of any organic matter, carbon
dioxide gas (C02) releases with the rise of temperature and C02
react with water to produce carbonic acid (H2CO3)
CO2 + H2O –> H2CO3
E
Sansthan
Storage tank below lingam produced carbonic acid may react with
alkaline water having high pH and up to some extent neutralization
reaction may happen as: -
H2CO2+2KOH->K2CO2+H2O+Heat F

The pH of the tank is less than the water of Kotiteerth pond,
which is alkaline in nature and deleterious to the siliceous material.
3.3.1 Ash analysis:
Three ash samples (1), from Bhasmaaarti of Jyotirlingam, (2), G
cow dung used for making bhasma in mahakal temple and (3)
from Bhopal were analyzed for comparative studies.
Bhasma is being used in the bhasmaaarti range in pH from 9.07
to 10.2 in an aqueous medium having 7 pH; on the other hand, the
water of Kotiteerath pond is alkaline in nature. If alkaline water is H
706 SUPREME COURT REPORTS [2018] 4 S.C.R.

A mix with bhosmo. , the combination will further enhance pH of
the medium and produce a more adverse effect on lingam and
increase rote of chemical weathering (Annexure IV c).
Use of cow ghee, milk, curd, honey etc is a regular phenomenon.
As a matter of fact pH of some of these articles might induce
B deterioration but in view of the religious sentiments, the age-old
practices cannot be stopped, but the amount of the material may
be restricted in order to reduce further deterioration. The only
effect of these semisolids appears to be their pH value in general
pH value of cow milk ranges between 6.6 to 6.8, pH of curd 4.5
to 6.0, pH of coconut water (matured) will be 5.2 and honey may
C range from 3.9 to 6.0 in pHs
3.4 Discussion and interpretation : -
Since centuries the temple is a center of attraction to the Hindu
society. It was situated on the bank of kshipra River. The great
kshipra had changed its course in past it was flowing close to the
D
Mahakal temple and gradually shifted its course to the present
channel, now local people talk about gupt- kshipra which flows
below the kotiteerath pond and supplying water to the temple
premises since years.
3.4.1 Extent of weathering:
E
The lingam rock is hard and compact medium to fine-grained well-
sorted orthoquartzite as seen in above photos from a different
direction. Majority of the grains are quartz along with minor
orthoclase giving light pinkish brown colour to the Jyotirlingam
rock. The cementing material is siliceous with minor ferruginous
F impurities. It is hard and compact and sustainable in the ideal
natural environment. Close observation of lingam reveals that there
is the signature of chemical weathering on the eastern and western
side of the lingam. Observation of day to puja pattern and offering
of milk curd, honey bhang etc. as well as the traditional ritual it is
G seen that the effect of chemical weathering is more pronounced
in the eastern and western side of the lingam. The northern side
(Front, facing devotees) is devoid of any weathering pits. Similarly,
the back side is also least affected by the process of chemical
weathering. The causative factors for the localised development
of pits are the topic of research for our team. We have gone
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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

through the ill side effect of offering material and the area affected A
by the offering.
3.4.2: Causative factor:
(1) The ambiance and climatic parameter of Jyotirlinga room are
somewhat similar to a subtropical climatic condition where alternate
wet and dry spell is in practice. The offering supply’s bacteria B
through curd organic compound and lodging of these compounds
in pits enhance the process of attacking and dissolving
cryptocrystalline siliceous cement in the rock resulting in loosing
and removal of grains in this way the chemical weathering is
progressing. C
(2) Silico is stable and inert in most of the form but the
cryptocrystalline form of silica is prone to attack by the alkaline
substance (like potassium hydroxide KOH) and will dissolve at
room temperature in alkaline solution as express in this reaction.
(reference from Google). D
SiO2+2KOH=K2SiO3+H2O
The formation of potassium meta-silicate is the cause of chemical
weathering which is soluble in water the rate of reaction is very
slow but continuous with the passage of time.
E
Water quality of the Kotiteerath pond has pH value 8.4 which is
alkaline in nature, this water being offered continuously to Lingam
rock during Jalabhishek. Ash offered in the bhasmaarti also contains
alkaline compound and the pH value of ash in aqueous media
using pure water is 9.1 which is highly deleterious to siliceous
rock. During Bhashmaarti ash are poured over the lingam and F
then after water of Kotiteerath are used in jalabhishek which is
reacting and producing causative factor to enhance the chemical
reaction stated above resulting in the form of chemical weathering
and removal of silica grains and development of pits in lingam
rock.
G
3.4.3: Weathering through ages:
Though the rate of weathering is very slow and cannot be
perceived by single observation as these pits have been spotted
60 years ago when Hon’ble first President of India. Shri Rajendra
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A Prasad and Hon’ble first Vice President and second President of
India, Shri Sarvepalli Radhakrishnan were spotted worshipping of
Jyotirlingam in Mahakal temple at Ujjain and the patch of Pits in
the eastern side of the Lingam has also been spotted during that
time. In a span of 60 years, these pits have increased at a slow
rate in number and size. (Photo no.5-8) Projecting the rate of
B
erosion there is no alarming situation at present but some
precautions are necessary as a remedial measure to protect the
lingam for posterity and manage the deterioration.
CHAPTER· IV
A: SUGGESTIONS AND RECOMMENDATIONS:
C
1. The Jyotirlingam rock has been identified as orthoquartzite which
is hard and compact and highly siliceous in nature in which the
silica content varies from 75-92% analyzed by portable XRF
studies. Apart from visual observation spectral signature by
spectroradiometer were collected, matched with the standard
D signature of orthoquortzite available in GSI, spectral lab.
2. The deterioration of lingam has Sandstones and increased in
last 40-50 years as depicted in photos no 1-4 and 5-8; the
deterioration is continuous Sandstone can be managed with
remedial measures.
E
3. The water of temple premises used in Jalabhishek is highly
alkaline in nature the pH value ranges from 8.4 to 8.7 which is
reactive with the cryptocrystalline siliceous cementing material
of orthoquartzite at room temperature and causing deterioration
in Jyotirlingam.
F 4. The tradition of Bhasmaarti using ash of Cow dung (as per
temple pujaris) has pH value ranges from 9.07 to 10.20 in an
aqueous medium.
5. The age-old practices cannot be stopped but the amount of
material can be restricted/ minimized in order to reduce
G deterioration. The quantity of offering as listed in Annexure I
contain milk, curd. into, honey, sugar, leaves, petals, and flowers,
accumulate in pits promote the growth of bacteria at room
temperature resulting in pH variation is also a cause of
deterioration.
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 709
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

6. Presence of major and minor oxide and trace elements of rock A
enhance the electrical conductivity of the water to a high level
which can cause deposition of salt in pores/ pits and chipping of
material by chemical weathering.
7. Poor drainage sanitation and water spillage were also spotted
in the temple premises. B
8. The Use of water (jal /Ganga Jal) throughout the day for
Abhishekas of the Jyotirlinga by the devotees should be restricted
to a minimum.
9. Use of milk and other milk products including ghee and honey
should be minimized to a small quantity and made symbolic in C
nature to satisfy the religious requirement.
10. Rubbing of Jaggary / Sugar powder and other powdery material
on the Jyotirlinga may be restricted/ minimized.
11. Use of a lot of flowers / Bel Patra etc. may also be made D
symbolic as the use of such huge materials keep the Jyotirlinga
wet all the time and hinders natural breathing of the stone which
is essential for the good state of the Jyotirlinga.
12. Use of metal buckets, offerings pots, and other utensils should
be replaced with wooden / Good Plastic materials in order to avoid
E
mechanical abrasions.
13. lf possible, entry of devotees in the Garbhgriha may be limited
by making a management plan. Devotees may be permitted for
short duration at a time to avoid the crowd in grabhgraha. This is
important as there is only single entry door which is also used as
F
an exit door.
14. Every effort should be made to keep the Garbhgriha dry and
clean including the passage and surroundings.
15. All the damaged area of marble floorings and sealing of joints
etc. should be repaired to avoid water percolation through the G
damaged area.
16. 1f possible provision may be made for air circulation in the
Garbhagriha.

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A 17. Arrangements for disposal of waste may be improved and
should be made more effective.
18. Scientific / Chemical treatment of any stone object with
periodical inspection and preventive conservation may, however,
help to preserve the object for quite long time but in case of
B Jyotirlinga it may not be appropriate to consider such treatment
as the treatment of the Jyotirlinga may not be acceptable to the
common people because of their great faith and religious beliefs.
Only preventive conservation methods may be helpful to keep the
Jyotirlinga in the best of its conservation state.
C 19. Sincere efforts should be made to preserve the originality of
the main temple and other structures of historical importance in
the premises. Modern materials should be avoided for general
maintenance.
20. The antiquarian remains of the premise including the main
D temple of Mahakal can be classified mainly into four groups; a:
Some stone sculptures in loose and fixed nature assigned to 7th -
8th century AD, b: Some sculptures of 11th -12th century AD, c:
Main temple and other subsidiary shrines of 18th century and d:
Other remains viz wooden box, copper drum, seating benches
and some metal work etc of 19th -20th century. Numbers of stone
E sculptures placed in the temple premise at different places like
embed in the walls, on the floors, and in the abandoned rooms
needs to be properly maintained, documented, identified and
displayed in a proper place so that they could be preserved for
future generation and could be in use of researchers and students
F of art and architecture.
21. Some unwanted restoration works have been done on the 1st
and 2nd floors of the Mahakal temple by laying of modern tiles on
the floor. This sort of flooring does not match in any way with the
ambiance and old architecture of the temple. On the north and
G south sides of the temple, iron scaffoldings are placed attached to
the main temple. We were told that the scaffoldings are provided
for installing iron stairs for climbing of the visitors to the temple on
the top floor to worship Chandranageshwar. On this floor, a
sculpture of Chandranageshwar with his consort is placed inside
a niche covered with a glass window and devotees or visitors
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MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

would be allowed to reach there. During our visit, we were informed A
that earlier temporary arrangement was made there by way of
installation of iron stairs in the occasion of Nagapanchami when
lacs of visitors used to visit here. Providing of this sort of installation
is not only the eyesore in the ancient temple premise but it would
lead a new tradition in future and put an adverse effect on the old
B
temples when such a huge crowd of devotees will reach the top
floor. Therefore, it should be avoided for the safety of the public
and to maintain the ambiance of the temples.
22. While the campus consisting of old temples have been reflecting
with white, cream and red colours as outer walls and shikhara of
almost all the temples are painted with these colours and flooring C
with tiles and red stones. Beside that some new constructions
have Abhishek the carried out. This sort of constructions and
development in an ancient heritage place should be avoided and
proper conservation should be carried out with the help of
conservators and expert of ancient architecture. D
23. The significance of Mahakal temple and Ujjain is not only for
the people of Ujjain and Madhya Pradesh, rather for the people
of the whole country too, therefore keeping this thing in mind, it is
inevitably required to develop this most religious and heritage sire
with proper care and maintenance so that its cultural and tangible E
fabric could not be disturbed. Presently there are numbers of the
temples inside the temple premise probably of the same period as
the Mahakal temple but these temples are conserved in crappy
manner by adding eyesore paintings on the walls and some weird
addition to the old structures. Some new constructions are done
and some other constructions are presently going on there. F
Therefore, it is suggested that no new construction may be allowed
within the temple premise and restoration and development of the
old temples and structures of the premise may be rectified and
restored with the assistance of Archaeological Conservators. Apart
from the various activities as referred above, Temple committee G
can create a heritage cell for maintenance and restoration of the
old temples and structures inside the premise.
24. It is stated earlier that Ujjain is a very ancient city and there
are numbers of old structures, temples, ponds, houses, platforms
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A near-infrared etc around the temple premise still in extent, these
old structures ore the valuable heritage and integral part of temple
premise, needs to be identified and restored accordingly. If it is
possible for the state government, 500 m all around the temple
premise can be preserved with old structures and removed from
the modern constructions. Wherever open space is found, that
B
can be landscaped and developed so that its religious ambiance
could be maintained and preserved.
B: REMEDIAL MEASURES:
1. Water quality of the temple premises may be improved; special
C care should be taken to water used in Jalabhishek ritual, potable
water range in pH from 6.8 to 7.2 are ideal for jalabhishek and
cleaning of the Jyotirlingam.
2. Ash used in bhasmaarti ranges in pH from 9.07 to 10.2 in aqueous
media is one of the causes of deterioration in lingam, the ritual
D can be minimized to symbolic in nature so that the deterioration
can be minimized. The lingam should be thoroughly cleaned after
bhasmaarti and ensured that no trace of ash remains over it, then
only Jalabhishek may be allowed.
3. The ambient temperature of the lingam room (Grabhgrah may
E be 17-20 degree Celsius and efforts may be made to keep dryness
in most of the time of the lingam to minimize the rate of chemical
reaction, bacterial and fungal growth.
4. Use of ghee, milk, curd, honey, etc. is a regular item of offering
since ages, therefore, cannot be stopped, but the quantity and
F quality of material may be minimized in order to minimize the
deterioration.
5. Proper disposal of temple garbage may be arranged and insured
that it should not contaminate the kotiteerath pond. Improvement
in sewer line and sanitation may also be managed to keep the
premises neat and clean. An arrangement may be made to stop
G
draining off rain and used water into kotiteerath pond.
6. Periodical monitoring of all these remedial measures is also
essential to check further deterioration and to maintain garbhagriha
and Jyotirlingam and to maintain its natural ambiance.
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SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 713
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

A
TIM E EVENT
0 4: 00 A M O pen ing o f T emp le do or
T emp le cleani ng foll ow ed an offer
0 4: 00 to 04: 1 5 A M of Pancham rit (Milk , Cu rd , G hee,
H on ey and Sug ar) B
Jalab hish ek by Pilgrims (Katitirathp on d
0 4: 1 5 to 0 4:4 0A M
w ater), 15 to 20 m inu tes.
A bh ish ek by Priest (M aterial list
0 4: 40 to 05: 00 AM
attached ).
0 5: 00 to 05: 15 A M Clean ing an d D ryin g by d ry cloth s C
0 5: 15 to 05: 30 A M D ecoration .
Bh asamaarti (Ash w o rsh ip) by ash and
0 5: 30 to 05: 35 A M
bearing ornam en ts.
A gain J alabhis hek b y pilg rim s, water
0 6: 00 to 6:4 5 A M
offered . D
0 6: 45 to 07: 00 AM E ntry clos ed and clean ing o f th e tem ple.

0 7: 00 to 07: 15 A M Wo rship o f o ther deities
0 7: 1 5 to 0 7:3 0 A M Ch and an-Ab hi shek -after cleanin g.
0 7: 30 to 07: 45 A M A arti
E
A gain J al ab his hek by p ilgrim s (u sin g
0 7: 45 to 09: 45 A M
U jjain M un icipal Su pp ly w ater)
0 9: 45 to 10: 00 A M Clean ing .

F

A bh ish ek.

G

Pub lic w ith

: 00
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714 SUPREME COURT REPORTS [2018] 4 S.C.R.

A ANNEXURE II
SPECTROSCOPY STUDY OF JYOTIRLINGAM OF
MAHAKALESHWER TEMPLE, UJJAIN,
MADHYA PRADESH
By: Prem Babu, Director and Uday Kumar Ghosh, Sr. Geologist
B
Spectroscopy is the study of light as a function of wavelength
that has been emitted, reflected or scattered from solid, liquid or
gas (Clark, 1999). Reflectance and emittance spectroscopy of
natural surfaces are sensitive to specific chemical bonds in
materials, whether solid, liquid or gas. Moreover, spectroscopy
C has the advantage of being sensitive to both crystalline and
amorphous materials, unlike some diagnostic methods, like X-ray
diffraction (Clark,1999). Spectroscopy’s other main advantage is
that it can be used for near (e.g. in the laboratory) to far away
(e.g. to look down on the Earth, or up at other planets) objects.
D Laboratory and field spectroscopic studies of rocks/minerals/other
materials help in understanding the entire realm of variability in
spectral signature of particular rocks/minerals/other materials.
Reflectance spectra have been used for many years to obtain
compositional information of the Earth surface. Therefore,
spectroscopy is being used increasingly in geoscientific studies to
E detect the mineralogical composition of rocks/minerals of earth
surfaces and other planets of the universe.
Different types of minerals absorb and scatter incident energy in
the different wavelength region. When we examine the maxima
and minima of spectral reflectance curve, minima are caused by
F molecular absorption and we call these as absorption features or
absorption bands. Absorption of a particular mineral rock depends
upon its atomic structure and chemical composition. Absorption
of a particular object depends upon the electronic and vibrational
process. The electronic processes are very sensitive invisible to
G near infrared (VNIR) region whereas vibrational processes are
sensitive in shortwave infrared (SWIR) region. The VNIR region
is very important to detect ferric & ferrous iron, manganese,
copper, cobalt, chromium, nickel etc., whereas SWIR region is
useful in detection of hydroxyl bearing minerals, carbonate,
phosphate, borates, arsenates, vanadates, silicates etc, The
H hydroxyl (OH-) is generally bound to Mg, Feor AI. The water
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 715
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

molecule (H20) gives rise to overtones as seen in the reflectance A
spectra of H20 bearing minerals. The first stretches of OH- occur
at 1.4 um: and the combination of H-O-H bond with the OH-
stretches are found near 1.9 um. The OH- - group commonly
occurs in multiple crystallographic sites of a specific mineral and
is attached to metalions. Thus, a combination of metal OH plus
B
OH stretch occurs at 2.2-2.3 um and is the diagnostic of
mineralogy. Spectroscopic study of Mahakaleshwer Lingam was
carried out using high-end portable field spectroradiometer to know
the compositional information of the surface of Lingam at Ujjain.
Madhya Pradesh. Spectroradiometer used in the present study
has a very good signal to noise ratio (SNR), with finer spectral C
resolution and spectral interval suitable for detecting the subtle
absorption features characteristic of the constituent minerals of
the rock exposed on the surface under examination. It detects the
energy reflected by the surface material. Spectra Vista Corporation
(SVC HR 1024i) spectroradiometer used in the present study has
D
two types of detectors one 512 element Si photodiode detector
operative in 350-1000 nm and two separate, In Go As photodiodes
operative in 1000-2500 nm.
Collection of Spectral Signature using ‘SVC 1024i’
Spectroradiometer. Before taking the spectral measurement of
Mahakaleshwer Lingam the entire area was properly cleaned and E
dried (using drier) to obtain maximum reflectance from the field
of view. The rest of the area was covered with dark cloth to
avoid unwanted reflectance from the surroundings.
Measurement Procedure:
F
The SYC HR 1024i spectroradiometer has spectral range of 350-
2500 nanometer (nm), with finer spectral resolution of 3.5nm @
350-1000,9.5 nm @1000- 1850nm and 6.5nm @ 1850- 2500. The
instrument was optimized properly before taking a spectral
measurement. Measurement of the radiance of a white reflector
(reference panel) is also essential before initiating the G
measurement, as it helps in recording the irradiance of the
illuminator for a reflectance measurement. The light source for
illuminating (using a tungsten halogen source lamp) the sample
was kept at approximately 45° angle and measurement was token
by pointing sensor (fore optics as well as fibre optics) vertically H
716 SUPREME COURT REPORTS [2018] 4 S.C.R.

A over the sample to make the phase angle of 45° (phase angle
corresponds to the angle between the illumination source and
measurement point) so that the measurements which speak about
the volume of reflected energy emanated from the rock
(characteristic of the internal chemistry) are collected and it would
reduce the specular reflection from the object which is dominantly
B
the result of surface smoothness. The 40 optical lens was used
while taking the spectral signature of the Lingam.
The following necessary steps were taken into consideration while
making the measurements.
C 1. Source of the illumination is well calibrated so that
there should be minimal fluctuation in irradiance in
successive measurement.
2. Precautions were taken so that there is no physical blockade
of light and shadow of the person who is taking
D measurements does not fall over the sample.
3. The sample should be larger in dimensions than the ground
sample diameter (GSD) of fore-optics.
4. Data was saved in personal digital assistance (PDA) and
downloaded into the computer for further analysis.
E
Processing of Spectral Curve:
Spectral signatures thus collected is processed using SVC HR
1024i software to remove the overlap at the junction of visible
(VIS) & near infrared (NIR) and NIR & SWIR region and
remove higher order kinks to derive the curve with characteristic
F
“spectral features”. The spectral file format generated in the SVC
1024i spectroradiometer instrument is saved as sig file format
which stores wavelength and full width at half maximum (FWHM)
values (spectral resolution) and other necessary information. After
pre-processing the signature is exported to ENVI software for
G generation of spectral library. The ENVI software retrieves the
wavelength data and FWHM value from the spectral reflectance
files and appends it to the header file created for each spectral
signature. ENVI has a spectral library builder tool to generate
new spectral library builder tool to generate a new spectral library
from a variety of spectra sources, including ASCll files, other
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 717
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

spectral libraries, ROI means, spectral profiles and plots. The A
collected spectra are automatically resampled to an input
wavelength space using FWHM information. After feeding all
the necessary information finally, the rock library is generated by
using lab spectra.
The spectral signature of Mahakaleshwer lingam, Ujjain, B
MP:
The spectral signature was collected at different faces of
Mahakaleshwer Lingam like near top, back, left, right, primary
bedding plane, pitted surface etc. For each location number of
measurements using fore-optics as well as fiber optics were taken C
and were later averaged to get the final spectra.
Interpretation
The spectral signature of left and right side shows absorption at
2.19 µm indicating presence of phyllosilicate minerals (AI-OH
bearing minerals) and absorption in VNIR (O.568 µm) region is D
due to iron oxide stains. But the fore optic spectra show high
reflectance in NIR as compared to fiber optic spectra that is possibly
due to the presence of some organic material on the surface and
also due to the differential field of view of spectral measurement.
The combination of H-O-H bend & OH- stretches is found at E
1.93 µm that indicate the presence of water molecule in the
sample. The additional overtone feature of OH- stretches has
been noticed at 1.4 µm.
The spectra of near top & back side show absorption at 2.19
µm that indicate the presence of phyllosilicate minerals (AI-OH
F
bearing minerals) and absorption in VNIR (O.543 µm) region is
due to iron oxide stains. But the fore optic spectra show high
reflectance in NIR as compared to fiber optic spectra that are
again due to the presence of some organic material in the surface
and also due to the differential field of view of spectral
measurement. The combination of H-O-H bend & OH- stretches G
is found at 1.93 µm that indicate the presence of water molecule
in the sample. The additional overtone feature of OH- stretches
has been noticed at 1.4 µm. The fiber optic spectra of all pitted
surface show absorption at 2.19 µm indicate the presence of
phyllosilicate minerals (AI-OH bearing minerals, and absorption
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718 SUPREME COURT REPORTS [2018] 4 S.C.R.

A in VNIR region is due to iron oxide stains. The variation of
absorption depth at VNIR has been noticed which varies from
0.565 to 0.731 µm and this is due to the presence of differential
iron oxide stains at the different pitted surface. The combination
of H-O-H bend & OHÉ stretches is found at 1.93 µm that indicate
the presence of water molecule in the sample. The additional
B
overtone feature of OHÉ stretches has been noticed at 1.4 µm.
From overall observation, it is found that most of the diagnostic
absorption occurs at 2.19 µm and absorption in VNIR region is
possibly due to differential iron oxide staining at different surfaces.
No other diagnostic absorption due to other alteration mineral was
C noticed.
All the spectral signatures were analysed with existing rock library
of GSI as well as USGS mineral spectra and it the that the spectral
signatures fit well with quartzite based on its absorption features
in SWIR region.
D Continuum removed (continuum or background is the overall
albedo of the reflectance curve) spectra of Lingam & USGS
phyllosilicate mineral shows diagnostic spectral absorption at 2.19
µm which confirms the presence of phyllosilicate mineral.
Summary: Based on the spectroscopic study of the lingam
E of Mahakaleshwer temple Ujjain, MP, it can be summarised
that the spectral signatures of the surface of lingam show
presence of quartz with a minor amount of phyllosilicates.
Beside presence of some organic matter at a few locations
could also be noticed.
References: Clark, R.N. 1999; Spectroscopy of Rocks and
F
Minerals, and Principles of spectroscopy(pp3), http://
speclab.cr.usgs.gov.
XRF STUDY OF JYOTIRLlNGAM OF MAHAKALESHWER
TEMPLE, UJJAIN

G The XRF study of the Jyotirlingam of Mahakaleshwar temple,
Ujjain was carried out using portable Skyray-Explorer 5000 ED-
XRF instrument.
ED (Energy Dispersive) X-ray spectrometer is based on the
principle of X-ray fluorescence (XRF) which is a non-destructive
technique. The atoms, illuminated by high-energy X-ray, emit X--
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 719
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

ray spectra with certain characteristics, the wavelength of which A
is related to the atomic number of an element. Therefore, by
determining the wavelength, we find the composition of the sample
and start the qualitative analysis; by measuring the line intensity
and comparing with a known standard, we get to know about the
content of the element and start the quantitative analysis. The
B
Explorer-5OOO instrument consists of mainly three systems:
excitation, optics and detector system. The excitation system,
including a miniature X-ray source, filter, and collimator, is used to
generate X-rays. X-rays irradiating to the sample produce X-ray
fluorescence with sample characteristics, transforming into voltage
signals through the detector, the signal, after being amplified and C
data acquisition, is sent for computer processing to get the required
test data. The detection system mainly includes i) AMP and digital
multi-channel data acquisition system, ii) Embedded PDA -
Equipped with dedicated X-ray fluorescence analytical software.
The detection limit is down to ppm level.
D
The XRF study of the lingam was carried out by directly placing
the nosepiece carefully on the Lingam surface by holding the
instrument in hand. The surface of the lingam was more or less
rough at all points scanned using the is. On each side of the lingam,
we started to analyze from the bottom position to the top position.
The total scanning time for each point was 60 seconds. For E
qualitative analysis of the elements in the sample, whether it is a
natural one or in a strange shape, this instrument can be directly
used for a test. But for accurate quantitative analysis, we need to
do some sample processing. There is some inherent limitation
which may lead to measurement error; rough surface, F
inhomogeneity in composition etc.
APPROXIMATE CHEMICAL ANALYSIS OF LINGAM
ROCK BY PORTABLE XRF INSTRUMENT

FRONT FACING NORTH BACK FACING NORTH
SPEC LING LING LING LING LINGA LING LINGA LING LING LINGA G
NAME AM-4 AM – AM – AM – M– 6 AM – M– AM – AM M
3 2 1 (CEME BACK BACK4 BACK BACK BACK1
BOTT NTING 5 (TOP 3 2 (BOTT
OM PORTIO MOST) OM
N OF MOST)
THE
BASE)

H
720 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Mg O 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.2208 0.0000 0.0000 Zn (%) 0.
(%) Hg (%) 0.
5.8768 6.1319 0.0000 0.7162 5.3121 8.0831 6.3068 5.7163 11.7319 3.4060 Pb (%) 0.
SiO 2 92.627 89.4543 37.1480 13.3846 16.7793 88.7300 74.7741 74.6217 81.1862 16.0813 Bi (%) 0.
(%) 9 Peak 16
P (%) 0.5668 0.7992 0.5796 0.4026 0.8395 0.3358 0.4442 0.3337 0.3435 0.2922 00
As (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Cps 17
B Se (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 00
Rb (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Count 52
Sr (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 00
Y (%) 0.0020 0.0025 0.0014 0.0014 0.0000 0.0017 0.0010 0.0008 0.0010 0.0000
Zr (%) 0.0109 0.0328 0.0000 0.0000 0.0000 0.0095 0.0252 0.0142 0.0000 0.0000
Nb 0.0191 0.0195 0.0080 0.0100 0.0104 0.0186 0.0119 0.0144 0.0138 0.0096
(%)
Mo 0.0889 0.0903 0.0427 0.0481 0.0202 0.0856 0.0669 0.0599 0.0814 0.0281
C (%)
Pd (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Ad 0.0173 0.0178 0.0164 0.0165 0.0101 0.0174 0.0170 0.0175 0.0174 0.0155
(%)
Cd (%) 0.0234 0.0513 0.0427 0.0485 0.0000 0.0613 0.0305 0.0337 0.0568 0.0120
Sn (%) 0.1047 0.1021 0.1033 0.1033 0.1021 0.1028 0.1029 0.1031 0.1027 0.1036
Sb (%) 0.0000 0.0080 0.0016 0.0000 0.0072 0.0111 0.0000 0.0046 0.0042 0.0000
Ba (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
D
Hf (%) 0.0002 0.0001 0.0001 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0003
Ta (%) 0.0000 0.0000 0.0016 0.0018 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
W(%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Au 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
(PPm)
P2O3 1.2982 1.8303 1.3275 0.9220 1.9228 0.7690 1.0173 0.7643 0.7868 0.6691
(%)
E S (%) 0.0000 0.0211 0.0000 0.0000 0.0000 0.0000 0.2173 0.0905 0.0521 0.0000
SO4 0.0000 0.0634 0.0000 0.0000 0.0000 0.0000 0.6519 0.2714 0.1563 0.0000
(%)
K (%) 0.1104 0.5955 0.3539 0.4735 0.4665 0.8395 0.6304 0.3445 0.2275 0.3164
K2O 0.1333 0.7190 0.4273 0.5717 0.5632 1.0136 0.7611 0.4160 0.2747 0.3821
(%)
Ca (%) 0.4731 2.5745 1.5076 1.1806 6.1020 1.5516 1.7748 1.5767 1.5107 0.1713
CaO 0.5441 2.9606 1.7337 1.3577 7.0172 1.7843 2.0410 1.8132 0.1970
F (%)
Ti (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
TiO 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
(%)
V (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Cr (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mn 0.0000 0.0000 0.0000 0.0000 0.0009 0.0000 0.0000 0.0000 0.0000 0.0000
(%)
G Fe (%) 0.0754 0.0991 0.0421 0.0274 0.0496 0.1522 0.1598 0.1452 0.1313 0.0277
Fe2 0.1077 0.1415 0.0602 0.0392 0.0709 0.2174 0.2283 0.2074 0.1875 0.0396
O3
(%)
Co (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Ni (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Cu (%) 0.0031 0.0000 0.0017 0.0000 0.0000 0.0000 0.0070 0.0159 0.0101 0.0000
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 721
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Zn (%) 0.0000 0.0000 0.0229 0.0638 0.0000 0.0000 0.0000 0.0071 0.0973 0.0000
A
Hg (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Pb (%) 0.0000 0.0000 0.0000 0.0000 0.0711 0.0000 0.0000 0.0011 0.0041 0.0000
Bi (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Peak 1653. 1653. 1647. 1649. 1655. 1655. 1652. 1651. 1649. 1645.
0000 0000 0000 0000 0000 0000 0000 0000 0000 0000
Cps 17391. 18507. 15614. 15688. 12188. 17754. 16378. 15787. 16737. 13791.
0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 B
Count 522496. 555942. 468960. 471219. 366273. 533249. 491980. 474277. 502614. 414329.
0000 0000 0000 0000 0000 0000 0000 0000 0000 0000

APPROXIMATE CHEMICAL ANALYSIS OF LINGAM
ROCK BY PORTABLE XRF INSTRUMENT

LEFT FACING WEST RIGHT FACING EAST
C
SPEC LINGA LING LING LING LINGA LING LING LING LINGA
NAME M- AM – AM – AM – M– AM – AM – AM – M-
LEFT 5 4 2 1 RIGHT RIGH RIGH RIGH RIGHT
(TOP BOTT 5 (TOP T6 T4 T2 1
MOST) OM MOST) (BOTT
OM
MOST) D
Mg O 0.0000 0.0000 0.0000 0.0000 3.7727 0.0000 0.0000 0.0000 0.0000
(%)
0.0000 3.4612 7.5109 1.9663 3.3407 1.9081 1.4415 7.2004 2.7364
SiO 2 43.5607 68.9923 77.2504 45.9106 68.134 43.9697 44.8462 66.2406 16.6197
(%) 3
P (%) 0.3531 0.8193 0.7440 0.7290 0.2099 0.6819 0.3962 0.6041 0.5817
P2O 0.8087 1.8766 1.7039 1.6697 0.4808 1.5617 0.9074 1.3836 1.3322 E
3%
S (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
SO4 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
(%)
K (%) 0.2790 0.9832 0.6434 0.8525 0.4524 1.2142 0.0589 0.9266 0.2368
K2O 0.3368 1.1872 0.7769 1.0294 0.5462 1.4660 0.0711 1.1188 0.2860
(%)
Ca (%) 0.7907 1.1399 0.1493 0.0000 0.2115 0.4031 0.5622 0.2549 0.1753 F
CaO 0.9093 0.1608 0.1717 0.0000 0.2115 0.4031 0.5622 0.2549 0.1753
(%)
Ti (%) 0.0000 0.0000 0.0000 0.0083 0.0000 0.0000 0.0000 0.0000 0.0000
TiO2 0.0000 0.0000 0.0000 0.0139 0.0000 0.0000 0.0000 0.0000 0.0000
(%)
V (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Cr (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 G
Mn 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
(%)
Fe (%) 0.0396 0.0597 0.0244 0.0740 0.0622 0.0822 0.0267 0.0583 0.0299
Fe2 0.0566 0.0852 0.0349 0.1057 0.0888 0.1175 0.0381 0.0833 0.0427
O3(%)
Co(%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
H
722 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Co(%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Ni (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Cu (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Zn (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
As (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Se (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Rb (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
B Sr (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Y (%) 0.0000 0.0020 0.0000 0.0023 0.0009 0.0027 0.0000 0.0013 0.0000
Zr (%) 0.0000 0.0231 0.0002 0.0317 0.0000 0.0124 0.0000 0.0040 0.0001
Nb (%) 0.0136 0.0145 0.0121 0.0150 0.0113 0.0144 0.0125 0.0139 0.0073
Mo (%) 0.0468 0.0733 0.0382 0.0820 0.0390 0.0651 0.0390 0.0818 0.0361
Pd (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Ag (%) 0.0155 0.0169 0.0147 0.0171 0.0162 0.0173 0.0155 0.0168 0.0144
C Cd (%) 0.0160 0.0415 0.0204 0.0134 0.0474 0.0471 0.0125 0.0000 0.0091
Sn (%) 0.1033 0.1010 0.1024 0.1021 0.1027 0.1041 0.1032 0.1036 0.1024
Sb (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0243 0.0136 0.0076 0.0000
Ba (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Hf (%) 0.0000 0.0007 0.0000 0.0003 0.0000 0.0004 0.0001 0.0003 0.0003
Ta (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
W (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Au (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
D
Hg (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Pb (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Bi (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Peak 1657. 1650. 1651. 1644. 1653. 1655. 1652. 1650. 1650.
0000 0000 0000 0000 0000 0000 0000 0000 0000
Cps 14256. 16559. 13441. 17087. 15057. 17596. 13714. 16334. 13452.
0000 0000 0000 0000 0000 0000 0000 0000 0000
E Count 428321. 497363. 403741. 513179. 452296. 528369. 411934. 490609. 404073.
0000 0000 0000 0000 0000 0000 0000 0000 0000

CHEMICAL ANALYSIS OF WATER SAMPLES FROM
MAHAKALESHWAR TEMPLE PREMISES, UJJAIN
S. Ref. Samp pH Te Cond TDS SA CO HCO Total Ca Mg Cl Na K No3 PO4 SO4
F No. No le mp . at LI 3 3 hardn
locate 25* NI ess
on/ C µs/ TY
time cm
Unit (*C) ppm SPU ppm ppm ppm pp ppm ppm ppm ppm ppm ppm ppm
m
1 UJT/ Pot 7.78 28. 870 522 0.46 NIL 274. 320 76 15.6 170 67 11 6 02 54
01/w/ above 52 5
2017 linga
m@
G 5.15
PM
2 UJT/ Pot 8.20 27. 864 518 046 Nil 317 330 76 14.4 125 70 11 12 03 50
02/w/ below 48
2017 linga
m@
5.15
PM

H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 723
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

3 UJT/ Kotite 8.41 29. 1736 1041 0.95 66 353. 500 68 39.6 205 120 128 140 0.7 73 A
03/w/ erth@ 88 8
2017 1.45
PM
4 UJT/ Rudra 8.70 29. 849 509 0.45 18 244 270 40 20.4 150 103 19 05 4 24
04/w/ sagar 28
2017 @
5.00
PM
5 UJT/ Shipra 8.32 29. 920 533 0.49 6 292. 340 84 15.6 135 73 11 19 4 48
05/w/ River 05 8 B
2017 @
8.45
PM
6 UJT/1 Lalad 7.6 28. 1739 1043 0.96 NIL NIL 920 360 2.4 285 140 219 180 16 194
A/MW hariwa 06
/17 ter@
3.45
PM
7 UJT/2 Nirma 6.2 28. 1349 809 0.73 NIL NIL 660 200 19.2 200 92 74 75 14 101
A/MW lya @ 71 C
/17 3.45
PM

ISO 6.5- 500 200 300 75 30 250 200 50 200
10500 8.5 (WH
standa O)
rd
value

D
TRACE ELEMENT ANALYSIS IN WATER SAMPLES
FROM MAHAKALESHWER TEMPLE, PREMISE
All value in ppb

Samp 19997-I 1999 7-2 19997 -3 19997-4 19997-5 19997-6 1 999 7-7
le E
Name
Ref UJT/03/ UJT/1A/ UJT/1B /W UJT/4/W/ UJT/01/ UJT/2/W/ UJT/05 /
No W/2017 WM/200 M /2017 2017 W/2017 2017 W/2017
17
Loca KotiTir Mahakal Tank- RudraSag Muni cipa Jaladh ari Shipra
t ion ath Jal adhari 2, Offered ar Lake l Wat er water after River,
Pond base Wat er before jalavishek Ram ghat
offering F
Be <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
Sc 2.34 1.1 9 1.17 <0.7 <0.71 0.70 0 .7
V 90.29 13.07 <5 10.17 11.53 11.18 1 1. 26
Cr <4 23.43 26.31 <4 <4 <4 <4
Mn <0.5 90.75 237.16 2.26 268.51 269.42 3 7. 07
Fe 519.39 1991 .7 1 1448.52 164.02 299.64 265.58 2 59 .. 34
Co 0.12 0.7 4 0.72 0.34 0.64 0.63 0 .0 6
Ni <0.5 5.7 5 2.90 <0.5 <.0.5 <.0.5 0 .0 < G
Cu 1.23 13.91 <0.5 <0.5 17.56 10.55 <0.5
Zn <0.2 812.03 219.97 0.2 16.40 0.69 <0.2
Ga <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
As 12.98 5.9 6 2.93 4.78 2.69 2.66 2 .6 4
Se <100 <100 <100 <100 <100 <100 <100

H
724 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Rb 13.47 202.15 65.19 3.48 6.43 6.47 6 .2 1
Sr 968.51 574.94 432.10 253.36 369.56 376.06 4 05 .15
Y <0.1 0.1 1 0.04 <0.01 <0.01 <0.01 <0.01
Cd <0.01 0.1 0 0.06 <0.01 <0.01 <0.01 <0.01
Cs 0.08 0.5 9 0.19 <0.2 <0.2 0.02 0 .0 2
Ba 36.11 73.69 83.91 25.74 51.77 51.51 5 5. 32
La <0.03 <0.03 <0.03 <0.03 <0.03 <0.03 <0.03
Ce <0.04 0.4 0 0.13 <0.04 <0.04 <0.04 <0.04
B Pr <0.005 0.0 5 0.03 <0.005 <0.005 <0.005 <0.005
Nd <0.03 0.2 2 0.11 0.01 <0.03 <0.03 <0.03
Sm <0.03 0.0 5 0.04 <0.03 <0.03 <0.03 <0.03
Eu <0.03 <0.03 <0.03 <0.03 <0.03 <0.03 <0.03
Gd <0.02 0.0 5 0.03 <0.02 <0.02 <0.02 <0.02
Tb <0.002 0.0 1 <0.002 <0.002 <0.002 <0.002 <0.002
Dy 0.008 0.0 5 0.03 <0.008 <0.008 <0.008 <0.008
C Ho 0.003 0.0 1 0.01 <0.003 <0.003 <0.003 <0.003
Er <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005
Tm <0.003 <0.003 <0.003 <0.003 <0.003 <0.003 <0.003
Yb <0.006 0.0 2 0.01 <0.006 <0.006 <0.006 <0.006
Lu <0.003 <0.003 <0.003 <0.003 <0.003 <0.003 <0.003
Pb <0.05 6..03 2.61 <0.5 <0.5 <0.5 <0.5
Bi 0.18 0.0 7 <0.03 <0.03 <0.03 <0.03 0 .3 1
Th <01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01
D U 1.27 <0.02 <0.2 <0.2 0.62 0.64 0 .7 6
Ti 6.97 28.15 14.12 7.61 5.77 5.73 5 .1 2
Ge <1 <1 <1 <1 <1 <1 <1
Zr <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05
Nb <0.1 <0.1 <0.1 <0.1 <0.1 <0.01 <0.1
Mo 10.36 5.2 3 1.38 1.37 1.54 2,21 2 .0 6
W <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5
E Re 0.01 0.0 1 0.01 <0.002 <0.002 0.01 0 .0 1
Hg <1 <1 <1 <1 <1 <1 <1

Hg sample analysed by P.R. Nimje Chemist Chemical Division Central
Region Geological Survey of India Nagpur Lab on 15.9.2017 and other
samples are analysed by M.S. Dahat, Sr. Chemist, P. Vamshi Krishna,
Asst. Chemist under the supervision of Smt. Shobha Rani Suptd Chemist
F on 19.9.2017 at Chemical Division Southern Region, GSI Hyderabad
Lab.
CHEMICAL ANALYSIS OF BHASMA OF LINGAM AND
ASH SAMPLES FROM MAHAKALESHWER TEMPLE
S .N O R e f. N o . pH S iO 2 % Cao% P% P 2O 5 %
1 A s h ( B h a s h a m ) fr o m 9 .0 7 4 2 .0 5 1 1 .2 0 1 0.0 8 2 3 .0
G t he L in ga m m ix in
s ta n d a rd w a t e r m e d ia
(7 p H )
2 A s h f ro m c o w d u n g 9 .6 6 5 1 .7 5 1 2 .3 2 4 .2 2 9 .6 7
m i x i n s t a n d a rd w a te r
m e d ia ( 7 p H ) U j ja in
M arket
3 A s h f ro m c o w d u n g 1 0 .2 4 6 .3 1 7 .2 0 3 .2 2 7 .3 7
m i x i n s t a n d a rd w a te r
m e d ia ( 7 p H ) B h o p al
H M arket
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 725
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

As aforesaid report was furnished on 13.10.2017, thereafter A
.15
01 suggestions and objections were invited.
01
2
RESPONSE OF THE TEMPLE COMMITTEE TO REPORT
32 OF EXPERT FROM ASI/ GSI :
03
04 24. Response to the report has been filed by the Temple Committee
005 on 13.10.2017. The same is extracted hereunder: B
03
03 “RESPONSE OF THE RESPONDENT NO.1/ MANDIR
03
02
SAMITI TO THE REPORT ON THE STUDY/ SURVEY/
002 ANALYSIS/ EXAMINATION OF MAHAKALESHWAR
008 JYOTIRLINGAM OF UJJAIN (M.P.0 DATED 02.10.2017
003 C
005
CONDUCTED BY THE COMMITTEE CONSTITUTED
003 BY THIS HON’BLE COURT.
006
003 It is submitted that this Hon’ble Court vide order dated 25.08.2017
5 constituted an Expert Committee consisting of two officers of
01 Archaeological Survey of India and two officers of Geological
6 Survey of India. This Hon‘ble Court directed the Committee so D
2 constituted to study/survey/analyse/examine Mahakaleshwar
05 Jyotirlingam of Ujjain (M.P.) and prepare a report containing the
rate at which the deterioration in the size of Lingam is taking
6
place, if any, and measures/ steps/ precautions to be taken to
5
ensure that this deterioration/ shrinkage of the Lingam stops. Let E
the Committee also study the other structures and also the temple
and submit wheat steps are required to be taken to overall improve
the entire premises and for its preservation.
Further, the Committee was also directed to make a study and
report inter alia as how much deterioration of Lingam has taken F
place during the last three-four decades and what remedial steps
have to be taken.
In compliance with the same, the Committee constituted by this
O 5% Hon’ble Court has submitted a report dated 02.10.2017 on
.0 03.10.2017.
G
This Hon’ble Court vide order dated 03.10.2017 allowed the
67
Answering Respondent to file their suggestions/objections with
respect to the Report.
37

H
726 SUPREME COURT REPORTS [2018] 4 S.C.R.

A The Answering Respondent is submitting its pointwise response
to the suggestions, recommendations and remedial measures made
by the Committee constituted by this Hon’ble Court vide Annexure
R-1.
In view of the foregoing is the most respectfully prayed that this
B Hon’ble Court may be pleased to pass appropriate order as deem
fit and proper and thus render Justice. The Answering Respondent
undertakes to comply with all the directions, this Hon’ble Court
may render in the interest of protection of the Idol.
S. SUGGESTIONS, RESPONSE OF THE
C No. RECOMMENDATIONS MANDIR SAMITI TO 3.
AND REMEDIAL THE SUGGESTIONS,
MEASURES MADE RECOMMENDATIONS
BY THE EXPERT AND REMEDIAL
COMMITTEE MEASURES MADE BY
CONSTITUTED BY THE COMMITTEE
D THIS HON’BLE CONSTITUTED BY THIS
COURT HON’BLE COURT

1. The Jyotirlingam rock Agree with the observation.
has been identified as
orthoquartzite which is
E hard and compact and
highly siliceous in nature
in which the sili ca
content caries from 75- 4.
92% analyzed by
portable XRF studies.
F Apart from visual
observation spectral
signature by
spectroradiometer were
collected, matched with
the standard signature of
G orthoquartzite available
in GSI, spectral lab.
5.
2. The deteri oration of That the report is based on
lingam has been noticed photographs taken in the
and increased in last 40- year viz: photo No.1 t o 8.
H 50 years as depicted in The Mandir Samiti is ready
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 727
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

A
photos no 1-4 and 5-8; and willing to take all
the deteri oration is necessary remedial
continuous in nature can measures as recommended
be managed with by the expert committee
remedial measures. constituted by this Hon'ble
Court to conserve the B
lingam namely; minimizing
and regulating the water,
flowers, and offerings
HE immediately.
O 3. The water of temple The Mandir Samit i shall C
S, premises used in install an R.O. plant to
AL Jalabhishek is highly maintain the pH value of
BY alkaline in nature the pH the water at around 7. The
EE value ranges from 8.4 to devotees shall be allowed to
IS 8.7 which is reactive with use on 500 ml of wat er in a D
the cryptocrystalli ne copper vessel onl y.
siliceous cementing
n.
material of orthoquartzite
at room temperature and
causing deterioration in E
Jyotirli ngam.

4. The tradition of The Mandir Samiti submits
Bhas maarti using ash of that before pouring of ash
cow dung (as per temple over the Lingam the
F
pujaris) has pH value Committee is ready to cover
ranges from 9.07 to 10.20 the Lingam with a cotton
in aqueous medium. cloth and after pouri ng of
ash idol would be
completely cleaned by
superfine cotton cloth. G
5. The age-old practices Use of ghee, milk, curd,
on cannot be stopped but the honey etc. shall be
he amount of material can restricted t o not more than
8. be restricted / minimized 1.25 litres per devotee.
y H
728 SUPREME COURT REPORTS [2018] 4 S.C.R.

A in ord er to redu ce Fu rther , this materia l s hal l
deter ior atio n. Th e qua ntit y be of ISI standard and a 10
of of fer ing as listed in random check of these p uja
Ann exure I con tain milk, ma terials s ha ll b e ins ured b y
curd, g hee, ho ney, sugar, th e Committee.
leaves , peta ls, and flowers , 11
B
accumula te in pits pr omot e
th e gro wth of b acteria at
ro om temperatur e in pH
variatio n i s als o a cause of
deter ior atio n.
C 6. Presence of major an d min or After Jal abhish ek by th e
oxide a nd trace elements of Li ng am wh ich conclud ed b y
ro ck en ha nce the electrical 5 p .m. every da y. Th e
conductivity of the w ater to a Li ng am shall b e pr oper ly 12
high l evel wh ich can caus e cleaned a nd dried to
deposition of salt in po res/ minimize the wat er co nten t
D pits and chipp ing of material and ther ea fter only dr y po oja
by ch emi cal weath ering. shall be permitted every day.
7 Poo r dr ainage s ani tatio n an d The Ma nd ir Sami ti submits
wa ter spillage were also th at the proces s of expans ion 13
sp ott ed in t he templ e of dr ain ag e system is under
E premises. th e pro cess an d sh all b e
co mpleted at t he earlies t.
8 The use of w ater The Ma ndir Samiti s hal l
(jal/ Gang aja l) throug ho ut in sta ll an R.O. Pla nt to
th e da y fo r Abhishekas o f the ma inta in th e p H va lue of th e
Jyoti rling a by t he devotees w ater at around 7. Th e
F sh ould b e restr icted to a devotees sha ll be al lowed to
min imum. use only 500 ml of w ater i n a
co pp er ves sel onl y. 14.
9 Use of milk and other mil k Us e of g hee, milk, curd ,
products ghee a nd h oney honey etc. shall be restricted
sh ould b e mi nimized to a to not more than 1 .2 5 litres
G
sma ll quantity a nd made per devotee. Fu rth er , th es e
symbolic in natu re t o s atisf y ma terials sh all be o f IS I
th e r eligio us req uir ement. standa rd a nd a r ando m
ch eck of these po oja
ma terials sh all b e ins ured
H and used.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 729
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

shal l A
d a 10 Rubbing of Jaggary/Sugar Rubbing of Sugar powder
p uja powder and other powdery s hall be banned.
d by on t he Jyotir linga may be
restricted/minimized.
11 Use of lost of fl owers/Bel Dryers and fans w ill be used
Patra etc. may also be made to avoid moistur e. Belpatra B
symbolic as the use of such and fl owers are used on the
huge materi als keep the upper part of shivling and do
Jyoti rlinga wet all t he time not at all hinder natural
and hinders natural breathing of the stone.
th e breathing of t he stone w hich
C
d by is essenti al for the good stat e
Th e of the Jyotirlinga.
per ly 12 Use of metal buckets , There are no mechanical
to offerings posts, and other abrasions si nce metallic
nten t utensils should be replaced utensils used for jalabhishek
o oja wi th wooden/Good Plasti c do not t ouch or abrase the D
day. materials i n order to avoid jyotirlinga.
mits mechanical abras ions.
s ion 13 If possi ble, entry of devotees Offering by devotees cannot
nder in the Grabhgriha may be be avoided as it relates to the
be limited by making a r eligious faith of the
E
management plan. Devotees devotees. How ever, a
shal l may be permi tted for short management plan is already
to duration at a time to avoid made and implemented
f th e the crowd in grabhgraha. w herein only limited
Th e This is important as there is devotees are permitted at a
d to long s ingle entry door w hich ti me. F
in a is also used as an exit door.
14. Every effort should be made To maintain the ambient
curd , to keep t he Garbhgri ha dry temperature of the lingam
cted and clean including the r oom (Grabhgarh) at 17-20
itres passage and surroundings degree Cel sius, more air
G
h es e conditioners shall be
IS I installed. Further, all eff orts
do m s hall be made t o keep the
ooja Grabhagarh and its
ured s urr oundings dry and clean.
H
730 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 15. All the damaged area of Accepted
marble floorings and sealing
of joints etc. should be
repaired t o avoid water
percolation through the
B damaged area.
16. If possible provision may be Accepted
made for air circulation in 20.
the Garbhyagriha
17. Arrangements for disposal of Accepted. It is submitted
waste may be improved and that Shri Mahakaleshwar
C
should be made more temple is ranked in top 10
effective. most clean Iconic places by
Government of India in
Swwach Bharat Abhiyan.
18. Scientific/Chemical Accepted
D treatment of any stone object
wi th periodical inspection
and preventive conservation
may, how ever, help to
preserve the object for quit e
E long time but in case of
Jyotirlinga it may not be
appropriate to consider such
treatment as the treatment of
the Jyotirlinga may be
acceptable to the common
F people because of t heir the
faith and religious beliefs.
Only preventive conservation
methods may be helpful to
keep the Jyotirlinga in the
G best of its conservation state.
19. Sincere efforts should be Offering by devotees cannot
made to preser ve the be avoided as it relates to the
original ity of the main religious faith of the
temple and other structures devotees. However, a
of historical importance in management plan is already
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 731
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

A
the premises. Modern made wherein only limited
materials should be avoided devotees are permitted at a
for general maintenance. time. Crowd management
and lives of devotees will be
of utmost priority forth
temple committee. B

20. The antiquarian remains of Accepted.
the premise including main
itted temple of Mahakal can be
hwar classified mainly into four C
p 10 groups; a: some stone
s by sculptures in loose and fixed
in nature assigned to 7th -8th
century AD, b: some
sculptures of 11th 12th
century AD, c: Main temple D
and other subsidiary shrines
of 18th century and d: Other
remains viz. wooden box,
copper drum, seating
benches and some metal
work etc of 19th - 20th E
century. Numbers of stone
sculptures placed in the
temple premises at different
placed like embed in the
walls, on the floors, and in F
the abandoned rooms needs
to the properly maintained,
documented, identified and
displayed in a proper place
so that they could be
preserved for future G
nnot generation and could be in
o the use of researchers and
the students of art and
, a architecture.
eady
H
732 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 21. Some unwanted restoration The Mandir Samiti submits
works have been done on the that the constructions work
1st and 2nd floors of the being carried out for best
Mahakal temple by laying of and convenient passage for
modern tiles on the floor. devotees. Necessary and
This sort of flooring does not precautionary works will be
B
match in any way with the done as lakhs of devotees
ambience and old throng the temple during
architecture of the temple. Nagpanchmi.
On the north and south sides 22.
of the temple, iron
C scaffoldings are placed
attached to the main temple.
We were told that the
scaffoldings are provided for
installing iron stairs for
climbing of the visitors to the
D temple on the top floor to
worship Chandranageshwar.
On this floor, a sculpture of
Chandranageshwar with his
consort is placed inside a
niche covered with a glass
E wi ndow and devotees or
visitors would be allowed to
reach there. During our visit,
we were informed that
earlier temporary
arrangement was made there
F
by way of installation of iron
stairs in the occasion of
nagapanchami when lacs of 23.
visitors used to visit here.
Providing of this sort of
G installation is not only the
eyesore in the ancient temple
premise but it would lead a
new tradition in future and
put an adverse effect on the
old t emples when such a
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 733
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

ubmits huge crowd of devotees A
work will reach Abhishek the
best top floor. Therefore, it
ge for should be avoided for the
and
safety of the public and to
will be
maintain the ambiance of B
votees
during
the temples.

22. While the campus Accepted
consisting of old temples Mandir Samiti is carrying
have been reflecting with out works to restore the C
white, cream and red heritage look of the
colors as outer walls and temple.
shikhara of almost all the
temples are painted with
these colors and flooring
with tiles and red stones. D
Besides that, some new
constructions have the
carried out. This sort of
constructions and
development in an ancient E
heritage place should be
avoided and proper
conservation should be
carried out with the help
of conservators and expert
F
of ancient architecture.

23. The significance of Accepted
Mahakal temple and Shree Mahakaleshwar
Ujjain is not only for the temple management
people of Ujjain and committee has plans to G
Madhya Pradesh, rather create a heritage cell for
for the people of the whole maintenance and
country too, therefore restoration of the old
keeping this thing in mind, temple and structures
it is inevitably required to inside the premise. H
734 SUPREME COURT REPORTS [2018] 4 S.C.R.

A develop this most religious 24.
and heritage site with proper
care and maintenance so
that its cultural and tangible
fabric could not be
B disturbed. Presently there
are numbers of the temples
inside the temple premise
probably of the same period
as the Mahakal temple but
these temples are conserved
C
in crappy manner by adding
eyesore paintings on the
walls and some weird
addition to the old
structures. Some new
D constructions are done and
some other constructions are
presently going on there.
Therefore, it is suggested
that no new construction
E may be allowed within the
temple premise and
restoration and development
of the old temples and
structures of the premise
may be rectified and
F
restored with the assistance
of Archaeological
Conservators. Apart from
the various activities as
referred above, Temple
G committee can create a
heritage cell for
maintenance and restoration
of the old temples and
structures inside the
H premise.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 735
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

24. It is stated earlier that Accepted A
Ujjain is a very ancient Subject to necessary
city and there are numbers repairs and maintenances
of old structures, temples, for the preservation of the
ponds, houses, platforms heritage building to be
etc around the temple carried out from time to B
premise still in extant, time by temple committee.
these old structures are
the valuable heritage and
integral part of temple
premise needs to be C
identified and restored
accordingly. If it is
possible for the state
government, 500 m all
around the temple premise
D
can be preserved with old
structures and removed
from the modern
construction. Wherever
open space is found, that
can be landscaped and E
developed so that its
religious ambiance could
be maintained and
preserved.
F
25. On 13.10.2017, following order was passed by this Court:
“Heard learned counsel for the parties.
This Court had constituted a Committee on 25.08.2017
consisting of Shri Madan Singh Chauhan, Regional Director G
(Archaeologist), ASI, Central Region, Bhopal; (ii) Dr. V. K.
Saxena, Director (Science), (Archaeological Chemist), ASI,
Science Branch, Dehradun; (iii) Shri Hemraj Suryavanshi, Dy.
Director, General, State Unit, Madhya Pradesh, GSI, Bopal; and
(iv) Shri L.L. Vishwakarma, Director, Su: MP, GSI, Bhopal. They
have submitted their reports which are exhaustive. Respondent H
736 SUPREME COURT REPORTS [2018] 4 S.C.R.

A No.1 Temple Committee has filed its response to various proposals
made by the Expert Committee. They have filed point-wise
response contained in Annexure R1. The Temple Committee has
suggested certain remedial measures. In the circumstances, it is
appropriate to request the Temple Committee to consider the
various recommendations. It was also stated that let the Committee
B
take a decision for implementation of the recommendations which
are to be accepted as it is a primary responsibility for the
Committee to manage the affairs. Let a considered firm decision
The opening regarding implementation.
We appreciate the gesture of the counsel for the parties as it
C is not adversarial litigation but in order to improve the overall
situation and to protect and preserve the Lingam of
Mahakaleshwar. It was also stated that the Committee has decided
to regulate the timings etc. and various suggestions were made
during the course of hearing. Let Committee take a decision
D considering the overall interest and rise to the occasion by doing
the needful. Let the Committee consider the report of the experts
and its stand taken in the annexure R/1 filed by them and pass
appropriate resolutions as prayed by counsel for respondent No.1.
Be listed on 27.10.2017.”
E RESOLUTION DATED 26.10.2017 PASSED BY TEMPLE
COMMITTEE:
26. Pursuant to the order dated 13.10.2017, resolution has been
passed by the Committee on 26.10.2017 filed as Annexure R-1 and the
same is extracted hereunder :
F
“Keeping in consideration the suggestions/objections and
recommendations of the Expert Committee constituted by the
Hon’ble Supreme Court and also in compliance of the order dated
13.10.2017 passed by the Hon’ble Supreme Court, the Temple
Management Committee hereby passes the following Resolution
G covering point 1 to 24 of the suggestions/objections and
recommendations of the Expert Committee constituted by the
Hon’ble Supreme Court to protect and preserve the Mahakal
Shivlinga :-

H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 737
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

1. That the devotees shall be permitted a fixed amount of water A
measuring 500 ml in an appropriate small pot per devotee for
Jalabhishek.
2. That the water for Jalabhishek shall be taken from the R.O.
machine installed during Simhastha, 2016, for which a connection
shall be provided near the Garbh Grih to maintain the pH value at B
‘7’.
3. That at present during Bhashma Aarti, half of the lingam is
being covered with cloth but as per the directions, in fifteen days,
the whole of the Shivalingam shall be fully covered with a dry
cotton cloth during Bhasma Aarti. C
4. That for Abhishek only up to maximum 1.25-liter mil/
panchamruit per devotee shall be permitted.
5. That after Jalabhishek by the lingam which is concluded by 5
P.M. every day. The Lingam shall be properly cleaned and dried
to minimize the water content and thereafter only dry pooja shall D
be permitted every day.
6. At present captive sewerage, treatment technique is being used
for treatment and the same shall be continued till the sewerage
treatment plant is installed for which steps are being taken which
will require minimum one year time. E
7. That rubbing of sugar powder on Shivlinga has been fully banned
and instead the use of Khandsari is being promoted.
8. That dryers and fans will be used to avoid moisture. Bel Patra
and flowers shall be used on the upper part of shivling to avoid
F
any obstruction in natural breathing of stone.
9. That the crowd management shall be strictly followed as done
on big festivals namely Simhashtha, 2016, Mahashivratri,
Nagpanchmi and month of Shravan where maximum crowd
appears on those holidays and weekends. During such time the
committee is using barricades for dong Darshna from outside the G
main Garbhgrih and limited devotee are also permitted in the
garbhgrih at a time. Similar arrangement shall be ensured on normal
days also.

H
738 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Various IT proposals have been received to use technology
for effective crowd managing strategies, e.g. IT based queue
management.
10. That all possible efforts shall be taken to maintain an ambient
temperature of the lingam room (Grabhgarh) at 17-20 degree
B Celsius. The Garbhgrih shall be kept dry, neat and tidy. Further,
an AUTOMATIC CLIMATE CONTROL SYSTEM using
sensors shall be fitted in Garbhgrih to give information about
temperature and humidity which shall help in effective regulation
and monitoring of environmental factors.
C 11. That damaged area of marble flooring and sealing of joints
etc. shall be repaired within a period of six months.
12. That all efforts should be made for creating of heritage cell
and for restoration/repairs and maintenance of all items of historical
importance. Steps are being taken for the structure and role of
D the heritage cell.
13. To preserve antiques in premises of temple nameplates are
being affixed in front of various small temples mentioning the names
of the temples and their era etc.
14. It shall be ensured that no new significant construction is carried
E out in temple premises but so far as the convenience and smooth
passage in the premises is concerned construction will be done
with a due permission of the competent authorities.
15. It The application that in order to implement the above resolution
a minimum period from one month to one Year may be sought
F from the Hon’ble Supreme Court.”

ORDER DATED 27.10.2017
27. Following is the relevant portion of the order was passed by
G this Court on 27.10.2017 :
“During the course of hearing on behalf of respondent No.1-
Shri Mahakaleshwar Mandir Committee, a copy of the Resolution
that has been unanimously passed on 26‘“ October 2017 has been
placed on record. It is stated that Resolution No.1 to 8 are being
H implemented.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 739
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Mr. Ashok Chitale learned senior counsel for the petitioner A
has raised objections to some of the Resolutions that have been
passed and seeks time to file reply/suggestions which would be in
the interest of all. Let the suggestions be filed by the petitioner
and other respondents, if any, within a period of fifteen days from
today. Reply thereto may also be filed by the Temple Committee
B
within next seven days.
Geological Survey of India and Archeological Survey of India
may also submit their proposals within a period of fifteen days
from today on the basis of the resolution that has been passed by
respondent No.1 on 26.10.2017 and objections/suggestions to the
aforesaid resolution. C

List on 30th November 2017.”
RESPONSE OF EXPERT COMMITTEE TO THE
RESOLUTION DATED 26.10.2017 OF THE TEMPLE
COMMITTEE: D
28. With respect to the resolution passed by the Temple Committee
dated 26.10.2017, the Expert Committee appointed by this Court of ASI
and Geological Survey of India has submitted the following suggestions:
“The Expert Committee has gone through the resolution
passed by the temple committee and submitting following E
suggestion:
We have described in our original report that many
offerings including Jal used during the rituals of abhisheka
are the main cause of deterioration to the Jyotirlingam. We
have suggested all offerings of the material to be symbolic in F
nature with pure quality and treated water of potable quality
with pH value range from 6.8 to 7.2 to minimize the adverse
effect. Apart from this, the periodical monitoring and proper
management of these crucial parameters are required to
manage this problem.
G
Suggestions/ Objections on the resolution passed by the
temple committee are as below:
Resolution of temple Committee:
Keeping in consideration the suggestions/ objections and
recommendations of the Expert Committee constituted by the H
740 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Hon’ble Supreme Court and also in compliance of the order
dated 13.10.2017 passed by the Hon’ble Supreme Court, the
Temple Management Committee hereby passes the following
Resolution covering point 1 to 24 of the suggestions/
objections and recommendations of the Expert Committee
constituted by the Hon’ble Supreme Court to protect and
B
preserve the Mahakal Shivlinga:-
1. That the devotees shall be permitted a fixed amount of water
measuring 500 ml in an appropriate small pot per devotee
for Jalabhishek.
Expert Committee’s comment: Agrees
C
2. That the water for Jalabhishek shall a from the R.O.
machine installed during Simhastha, 2016 for which a
connection shall be provided near the Garbh Griha to
maintain the pH value at ‘7’.

D Expert Committee’s comment: Agrees
Suggestions: The pH value of jalabhishek water may vary
as per variation in the source of supply of water which
has to be controlled by treatment ranging from 6.8 to 7.2
pH, but a periodical monitoring may be done for
maintaining the above-mentioned range.
E
3. That at present during Bhashma Aarti, half of the lingam is
being covered with clothThe similar but as per the
directions, in fifteen days, the whole of the Shivalingam
shall be fully covered with a dry cotton cloth during Bhasma
Aarti.
F
Expert Committee’s suggestion: Due to bhasma aarti ash
particle retained in the pits over the lingam will react with
water and increase its pH value, resulting aggravate the
corrosion process of the lingam, therefore, the lingam
should be fully covered with thick cotton cloth/ transparent
G polyfilm during bhasma aarti. The Lingam should be
thoroughly cleaned after Bhasma aarti and ensure that all
residual ash particle should be removed from the lingam,
then only jalabhishek with clean and potable water with
pH value range from 6.8 7.2 may be allowed.
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 741
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

4. That for Abhishek only up to maximum 1.25-litre milk/ A
panchamruit per devotee shall be permitted.
Expert Committee’s suggestion:
That for Abhishek only up to maximum 1.25-litre milk/
panchamruit per devotee are appropriate, but during the
rush time and special occasions such amount may increase B
enormously, therefore, it is suggested that the quantity may
be reduced to symbolic in nature.
5. That after Jalabhishek of the lingam with is concluded by
5 P.M. every day. The Lingam shall be properly cleaned
and dried to minimize the water content and thereafter only C
dry pooja shall be permitted every day.
Expert committee’s comment: Agrees.
6. At present captive sewerage, treatment technique is being
used for treatment and the same shall be continued till the D
sewerage treatment plant is installed for which steps are
being taken with will require minimum one year time.
Expert committee’s suggestion: Kotiteerath water may be
treated periodically and ensure that rainwater of the temple
premises, as well as drain off water from the temple
E
premises, should not be drained into the pond and
contaminate the kotiteerath pond.
7. That rubbing of sugar powder on Shivlinga has been fully
banned and instead the use of Khandsari is being
promoted.
F
Expert Committee suggestion: rubbing of any offering
material may be banned to stop further abrasion of the
lingam. A devotee may be allowed to offer their offering
symbolically but shall not be allowed to rub any material
over the lingam.
G
8. That dryers and fans will be used to avoid moisture.
Belpatra and flowers shall be used on the upper part of
Shivling to avoid any obstruction in natural breathing of
stone.

H
742 SUPREME COURT REPORTS [2018] 4 S.C.R.

A Expert Committee’s comment: Agrees
9. That the crowd management shall be strictly followed as
done on big festivals namely Simhashtha, 2016,
Mahashivratri, Nagpanchmi and month of Shravan where
maximum crowd appears on those holidays and weekends.
B During such time the Committee is using barricades for
dong Darshna from outside the main Garbhgrih and limited
devotee are also permitted in the Garbhgrih at a time.
Similar arrangement shall be ensured on normal days also.
Various IT proposals have been received to use technology
C for effective crowd managing strategies, e.g. IT based queue
management.
Expert committee’s comment: Agrees
10.That all possible efforts shall be taken to maintain an
ambient temperature of the lingam room (Grabhgrah) at
D 17-20 degree Celsius. The Garbhgrih shall be kept dry,
neat and tidy. Further, an AUTOMATIC CLIMATE
CONTROL SYSTEM using sensors shall be fitted in
Garbhgrih to give information about temperature and
humidity which shall help in effective regulation and
E monitoring of environmental factors.
Expert committee’s comment: Agrees
11. That damaged area of marble flooring and sealing of joints
etc. shall be repaired within a period of six months.
Expert committee’s comment: Agrees
F
12.That all efforts should be made for the creation of heritage
cell and for restoration/ repairs and maintenance of all
items of historical importance. Steps are being taken for
the structure and role of the heritage cell.
G Expert committee’s comment: Agrees
13.To preserve antiques in premises of temple nameplates are
being affixed in front of various small temples mentioning
the names of the temples and their era etc.
Expert committee’s comment: Agrees
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 743
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

14. It shall be ensured that no new significant construction is A
carried out in temple premises but so far as the convenience
and smooth passage in the premises is concerned
construction will be done with a due permission of the
competent authorities.
Expert committee’s comment: Agrees B
15.It is further resolved that in order to implement the above
resolution a minimum period from one month to one Year
may be sought from the Hon’ble Supreme Court.
Expert committee’s comment: Agrees”
C
ORDER DATED 30.11.2017:
29. Following order was passed by this Court on 30.11.2017 :
“We are concerned, and so express our anguish, as to the
way in which the orders which have been passed so far in the
matter are being misrepresented in media and otherwise. We D
have not passed any interim direction with regard to the
manner in which the religious ceremonies have to be performed
in the Temple at Mahakaleshwar, Ujjain. This Court has not
passed any order whatsoever that, during the Bhasma Aarti,
what rituals can, or what rituals cannot be, performed, and
E
neither it is the job of this Court to interfere in such rituals.
This Court has not passed any order in this regard. We are
concerned in the petition about the protection of the lingam
and how it can be done. For this purpose, this Court has
appointed a Committee of Experts of G.S.I. as well as the A.S.I.,
and they have submitted their reports. They are yet to be finally F
considered by this Court.
A notice issued by the Managing Committee on Board has
been placed before us today, indicating that this Court has
directed that how much water has to be offered on the lingam
by the devotees or about the quantity of Panchamrit etc. This G
Court had issued no such direction. In fact, it appears that
the Committee itself has taken various decisions and they are
being implemented. The Notice Board which has been put by
the Managing Committee of the Temple should be removed
forthwith i.e. by today itself, and it is open to the Committee
H
744 SUPREME COURT REPORTS [2018] 4 S.C.R.

A to put it on the Notice Board as per its resolutions if any. In
case any wrong or misleading reporting is made by the media,
in any form, at the instance of any person about the order
passed by this Court, the person so responsible for such wrong
reporting, misrepresentation about the order shall be liable
to be dealt with in accordance with law. It is regrettable that
B
there has been wrong reporting at somebody’s instance. We
caution the parties before us that they should not indulge in
any such wrong reporting, in any manner whatsoever, and if
it is found that any wrong reporting is made, the same shall
be viewed seriously, and the person responsible for it shall
C be dealt with in accordance with law.
List the matter for further hearing on 4th December 2017.”
30. As it was noticed that misrepresentation was being made with
respect to the order passed by this Court and unrest was tried to be
created on the ground that this Court is interfering with the religious
D rituals to be performed in the temple during Pooja. Thus we have clarified
that we have not interfered with the same. Aforesaid direction holds
good for this order also and to be scrupulously observed by all concerned.
The only objective of entertaining the writ petition on the aforesaid question
was just to ensure that all the rituals which may be necessary be
E performed however to ensure that the Lingam does not deteriorate any
further.
31. It is apparent from the report that there is a decay of the
Lingam and certain damage has been noted by the Expert Committee.
Negative factors have also been pointed out in extensive details. Activities
F regarding the daily cleaning of temple premises, gaushala, Vedic samsthan,
mandir, rasoi of the temple etc. have been pointed out. The study has
been done by Spectroradiometer, portable XRF studies, water analysis,
ash analysis, the extent of weathering etc. Various suggestions and
recommendations had been made including the remedial measures Mr.
Madan Singh Chauhan, Regional Director, ASI, Central Region, Bhopal
G report is contained in the first chapter. The second chapter contains the
report submitted by Dr. V. K. Saxena, Director (Science), ASI, Science
Branch, Dehradun. The third chapter deals with the Geo-scientific study
of the Shivalinga made by Mr. Hemraj Suryavanshi, Deputy Director
General and Mr. L. Vishvakarma, Director, Geological Survey of India,
H Bhopal.
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 745
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

32. It has been noticed in the report of the experts of the ASI and A
GSI that deterioration of Lingam has taken place during the last 40 to 50
years as depicted in photos 1 to 4 and 5 to 8 annexures with the report.
It is further observed that the deterioration is continuous in nature and
can be managed with remedial measures.
33. It has been pointed out that the water analysis of the temple B
premises used in the Jalabhishekam is highly alkaline in nature and pH
value ranges from 8.4 to 8.7. Various other causes have been delineated
in the report of the experts. In all 24 causes have been given. Milk
particularly contaminated one, sugar, leaves, petals and flowers, poor
drainage sanitation and water spillage, use of the water should be minimum.
Rubbing of jaggery/sugar powder should be restricted or minimized. Use C
of a lot of flowers and leaves also keeps the Jyotirlingam wet all the time
and hinders natural breathing of the stone of Jyotirlingam. Use of metal
buckets, pots, utensils also causes abrasions to the Lingam. If possible
entry of devotees in Garbh Griha should be limited. Garbh Griha should
be kept dry and clean. There should be proper air circulation in Garbh D
Griha. Arrangements for disposal of waste may be improved and should
be made more effective. Since scientific/chemical treatment may not be
acceptable, preventive conservation methods may be helpful to keep the
Jyotirlingam in the best of its conservation state. Considering the historical
importance of the premises, use of modern materials in the premises
should be avoided so as to maintain the antiquity. There is a need to E
identify the sculptures and they are required to be properly documented
and identified.
34. Some unwarranted restoration work has also been noticed by
the Committee in para 21. That should be looked after and remedial
measures should be taken as suggested in the report. F

35. In para 22 certain new constructions have been pointed out.
Let the conservation be carried out with the help of conservator and
experts of ancient architecture. Other suggestions have been made in
the report. Paras 1 to 24 of these are required to be looked into and
suitable remedial measures should be taken by the Temple Committee. G
Remedial measures suggested in the report with respect to water quality,
maintaining the pH value from 6.8 to 7.2, cleaning of Jyotirlingam, also
requires to be observed in the best possible manner by the Committee
and ambient temperature be maintained from 17 to 20 degree Celsius.
Use of ghee, milk, curd, honey etc. be minimized. H
746 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 36. There should be proper disposal of temple garbage and it should
be ensured that it does not contaminate the Kotiteerath Pond. Better
use of flowers would be that they are recycled for the production of
scent/itra. For that project may be prepared by the administration with
the help of concerned bodies or on the basis of PPP. Cleaning methods
should be modernized.
B
37. It is apparent from the response of the Committee filed pursuant
to the order dated 25.8.2017 of this Court that the Committee has agreed
(1) to save the Lingam by minimizing the flowers and offerings material.
(2) It has also been resolved that the Temple Committee shall install an
RO plant to maintain pH value of water at 7 and devotees should be
C allowed to use minimum water. (3) Temple Committee has also resolved
that during Bhasma Aarti also they will take appropriate steps which
may be permissible. (4) As permissible, use of ghee, milk, curd, and
honey shall be restricted per devotee. These materials shall be of ISI
standards. (5) Lingam shall be properly cleaned and dried after Puja. (6)
D Expansion of drainage system was under process and be completed at
the earliest. (7) Rubbing of sugar powder on the Lingam shall be banned.
(8) It would be ensured that there is no harm caused to the Jyotirlingam.
(9) There is a management plan to permit limited devotees at one time in
Garbh Griha so that there is no stampede. (10) They are ready to maintain
the temperature of garbhgriha from 17 to 20 degree Celsius. There should
E be more air conditioners. (11) Damaged area of marble flooring and
sealing of joints shall be repaired. (12) Provision has to made for proper
circulation of air in garbh griha. (13) Arrangements for disposal of wastes
have to be improved.
38. Preventive conservation methods shall be used by the
F Committee. Efforts shall be made to preserve the originality and antiquity
of the temple.
39. They have to also ensure that they will undertake necessary
steps for saving structure and life of devotees during Nagpanchmi. Let
a plan in this regard be prepared within two months. It is also directed
G that let them make an effort for the preservation of historical monument
the new development work if any, should only be made to match with
ancient nature of the temple so that its heritage look is maintained. As to
the recommendations as mentioned in para 22 of the report of the Experts
Committee, same have been accepted by the Committee. Let the
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 747
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

Committee implement the recommendations as agreed to and resolved A
by it. Considering the national and international importance, Temple
Committee has rightly resolved to create a Heritage Cell for maintenance
and restoration of the old temples and structures inside the premises.
Let such cell be created at the earliest.
40. In compliance of the order dated 13.10.2017 the Committee B
has passed various resolutions accepting various recommendation of
the Expert Committee quoted above. The Expert Committee of ASI and
GSI has filed response to the various resolutions passed by the Committee.
The Expert Committee has also agreed with most of the resolutions.
However, it has made certain suggestions which are to be considered by
the Committee and implemented in best possible manner. C

41. Expert Committee suggestion in respect of Kotiteerath Pond
water to be treated periodically and to ensure that the rainwater of temple
premises, as well as drainage water from the temple premises, should
not be drained into the pond and contaminate the Kotiteerath Pond. Has
to be implemented in true spirit. D

42. Committee of expert has also suggested that rubbing of any
offering by devotees may be stopped. Devotees may be allowed to offer
their offerings symbolically but not to be allowed to rub any material
over the Lingam. Let the Committee consider the aforesaid aspects and
to ensure that as far as possible no rubbing is done by the devotees on E
the Lingam or by any material. The committee has also pointed out that
no new significant construction to be carried out in the temple premises
except so far as convenience and smooth passage in the premises is
concerned, let the resolutions be carried out and fully implemented as
resolved by the Committee on time bound basis for different stages within F
one year.
43. With respect to the method of “lingarchan”, i.e. the method of
linga pooja, the 27th chapter of “Ling Mahapuranm” has been placed on
record. That contains a detailed method of lingarchan running into 54
strotam. Apart from that “Shiv Mahapuranam”, Vayveey Sanhita G
containing details of Shastrokt Shiv Poojan method in twentyforth chapter
has been placed on record. Pooja of different lingam may be somewhat
different. It is for the experts in the field of religion to decide about the
rituals and ceremonies to be performed. It is not for this Court to make
suggestions in this regard.
H
748 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 44. It is not within the jurisdiction of this Court to dictate or to
prescribe or restrain the religious practices and Pujas to be performed in
temple. They are required to be performed, as rightly pointed out, in
accordance with the ancient rituals and practices but, at the same time,
it has to be ensured that no damage is caused to the lingam. The temple
which is known as Mritunjaya Mahadev and is most ancient Jyotirlingam
B
in one of the ancient cities of India, Ujjain. ‘Simhast’ is also organised 6
years and 12 years which has international importance visited by several
millions of people. The Government spends thousands of crores of rupees
for development of infrastructure in Ujjain for each such occasion and
lot of development has taken place. Owing to all these development
C work, Ujjain has come up. But at the same time very cause of all
developments, the Lingam of Lord Shiva requires to be preserved,
protected by way of preventive conservation methods.
45. In order to ensure purity of pooja materials and to prevent
further erosion of Lingam it would be appropriate and fitness of things
D that a plan is prepared regarding the entire offering materials on the
lingam to be manufactured and provided by temple itself as is done in
several famous temples in the Southern part of India and other places.
By pouring the adulterated Milk, Ghee, Kumkum, Gulal, Abir containing
chemicals due to adulteration is improper and cannot be permitted to be
part of the ritual. Lingam cannot be permitted to be destroyed by chemical
E reactions of impure materials or by pouring of the dirty water such acts
of offerings cannot be allowed and as are done innocently by the people
unaware of ill effect on lingam. Had devotees been aware of all these,
adverse effect of their Puja on the Lingam of their God itself of which
they are performing Puja for the spiritual or other gains they would not
F have even dreamt of doing it. Let the Temple Committee and other
stakeholders rise to the occasion and take positive steps in this direction
in reasonable time.
46. It was also pointed out that use of Bhang (cannabis) has been
started in recent past. It has been started approximately for the last 50
G years and that is one of the causes of erosion as per the petitioner.
Earlier it used to be offered symbolically. It is for the Temple Committee
to decide on these rituals and which material to be used by it and in
which quantity for purpose of Puja by Temple and for how much time, in
what manner Bhang should be applied and in what rituals. Let Committee
consider it with help of scriptures and experts. How its use can be best
H
SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 749
MANDIR COMMITTEE, UJJAIN (M.P.) [ARUN MISHRA, J.]

modulated by the Committee itself, considering past practices, as the A
ultimate duty of Committee is to make preservation of the Lingam itself
for its existence and for that it has to consider and adopt what is the best
mode of performing the rituals, what are the materials which should be
used and in what quantity but it has to be ensured that the materials are
not impure and are without such chemicals which may cause erosion of
B
the lingam itself otherwise the very purpose of Puja would be defeated.
47. Puja is to be performed in such a manner which should be
befitting to the deity and not to cause erosion itself of lingam for which
so much infrastructure exists. Lingam is known as ‘Mrityunjaya
Mahadev’, who prevents from destruction, it cannot be permitted to be
destructed. Lingam cannot be permitted to be exploited in a manner it is C
destroyed. If one believes in the concept of real pooja, such Pooja is to
be performed by pure materials as purest of thoughts. No spiritual or
other gain can come if Puja is performed in a manner which damages
the deity itself as that would amount to displeasing the saviour. That
would be against the basic tenets of performance of Pooja and of making D
offerings.
48. Let the Temple Committee also invite and consider various
views for further improvement of the temple. Let the Temple Committee
make an endeavour along with other stakeholders to prepare/manufacture
the offering material in purest of the form and by such time it becomes E
a reality to make an arrangement in such a manner that only pure and
unadulterated materials are offered in pooja on Lingam. No impure and
adulterated material is offered in Puja and the resolutions made by the
Temple Committee are scrupulously observed by all concerned.
49. Let a concrete plan be made by the Committee for further F
improvement including its Gaushalas. Let existing Gaushala and kitchen
be improved and modernize and for that purpose, in case, additional land
is required, plan be prepared and implemented with the help of all
concerned so that temple becomes self-sufficient to provide all pooja
material based on milk product etc.
G
50. On merits, we find that the decision by the Single Bench has
rightly been set aside by the Division Bench for the various reasons
mentioned in the order and in particular in view of the fact that in the
impugned order the Division Bench has relied on decision in Ramchandra
Mangilal & Ors. v. State of M.P. ILR (1991) MP 444 = (1987) MPLJ
H
750 SUPREME COURT REPORTS [2018] 4 S.C.R.

A 668 which had been affirmed by this Court as SLP against it was dismissed.
Hence no case for interference on merits is made out.
51. We appreciate the gesture to all concerned in acting with
positivity for the preservation of Lingam. We direct the ASI and GSI
teams as has been constituted that has visited and had submitted the
B report to make a visit in January 2019 and submit a report in this regard
with respect to the position of the lingam and improvements made as per
suggestions made in the report.
52. Before parting with the judgment, we would like to reiterate
that there should not be any misreporting of the Court’s order, as specified
C in our order dated 30.11.2017. Any violation on this count shall be viewed
seriously and sternly with appropriate consequences, wherever necessary.
It is hereby made clear that we have not interfered with religious
ceremonies to be performed in the Temple. Registry is directed to preserve
the original combined report of the Expert Committee as part of the
record as it is a valuable document.
D
53. The appeal is accordingly disposed of.
54. We appreciate the assistance rendered by Mr. Tushar Mehta,
the Additional Solicitor General of India, and all other counsel who
appeared in this case for various parties and also appreciate the gesture
E of the experts of the Expert Committee.

Nidhi Jain Appeal disposed of.

F

G

H