Full Judgement
Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors.
[Civil Appeal No. 4676 2018 arising out of S.L.P. (C) No.15459 of 2017]
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 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 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 in name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly, the Vedas are the only authentic and wellbeing 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. 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 Mantras in the spiritual form of Shiva. As briefly stated, [Abstract from Swaithashwar influx]:
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. 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 of the same nature, and when that creature experiences that divine, then he is exempted from all bondage.
The destructive staple and indestructible lifeforce is formulated by a god called 'Har', with the thought of its contemplation, and by the feeling of its element, the person 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 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 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 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 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), 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 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 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 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), 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. HeadNeckand chest keeping the body together, by controlling all the indices by concentrating peace of mind, 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. In this way, where ever Yogi does Yoga, the Yogi experience 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 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 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, 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 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
3. Ekadash Rudra
4. Various Incarnations of Shiva
5. Bhairav
6. Shiva's Yogavatar
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 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 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 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 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 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 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 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.
Worshiping of Shiva's Formless Lingas:
In addition to external 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 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 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.
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 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 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 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 'kodilya' in his first Sutra. Mahadev authentic southdirection 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, 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 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 '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 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 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 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.
Pasupat and Mahakal:
In the Puranas and many other 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 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. 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. Swet Saga the first Pasupat acharya in Swetashwer upnished have mentioned at different places about Divine power of Shiva especially in chapter (420) 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 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 & 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 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.
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 8 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 590647 has also described about Mahakal & Pasupat in his poem Harshcharit & Kadambari. During the time of Vikramaditya 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 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 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 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 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."
Preservation of Mahakaleshwar Linga:
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 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 newspaper UNI : "
Mahakal Jyotirlinga eroding:
Published: Wednesday, November 15, 2006, 11:40 [IST] Indore, Nov 15 (UNI) 'Jyotirlingam' of Lord Mahakal at temple town Ujjain is gradually getting eroded. More than 30 square cm scalp of the holy 'lingam' has come out with nearly 78 mm thickness from the eastern side along with 34 similar circular patches, having 22.5 cm diameter and 6.5 mm depth, just above the bigger patch. The entire holy 'lingam' is having 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 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 10 1235 and it was later restored by the Scindias in the 19th century. There is a 5,000yearold 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 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 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 7.7.2014 :
"Mahakal management wants experts to check erosion of jyotirlinga TNN | Jul 7, 2014 11.42 AM IST
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 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 11 over a decade, prompting the issuance of guidelines. But norms were 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 twoandhalffeet 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 kiosk of Sanchi milk in temple corridor to ensure pure milk, ghee to pilgrims, is gathering dust. The shops outside the temple are selling substandard puja materials and devotees have no option but to buy them. The shivling at Mahakal is much in height compared to 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."
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 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 12 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:
"[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;
(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;
(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."
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 valuebased 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 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 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, 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 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 grownup person would fight against all kinds of fanaticism, illwill, 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 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 beings on the earth, maybe animals, vegetation and the 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 by the S.B. Chavan Committee. The Committee as stated above had invited suggestions from noted educationists on various aspects of valuebased 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), love (prem) and nonviolence (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 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 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 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 human values and for selfrealization 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 nondiscrimination of people by 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 15 religious belief, as may be approved 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 faith with individuals or communities. It is not necessarily theistic. In the said case it was observed that "there are wellknown 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 wellbeing, but it would not be correct to say 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 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 16 pilgrims 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, 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.
10. In our opinion, if only a relatively small part of any 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.
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."
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 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 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 claim that the respondentPort 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 that even if an undertaking is given, that undertaking does not stop the person who has given the undertaking from asserting his fundamental right.
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.
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 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 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 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 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 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 spend the amount so that not only the archaeological, historical and ancient 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 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 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 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.
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 20 temple corridor to ensure pure milk, ghee etc. to pilgrims was gathering dust. Devotees have no option but to purchase substandard 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 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 substandard and chemical contained vermilion and turmeric powder was also proposed to be checked and it was decided 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 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 21 Mahalaxmi Temple at Kolhapur and Bhoramdev Shivling at Kavardha in State of Chhattisgarh. Report of erosion of Shivling at Trimbakeshwar temple in Nasik, Maharashtra. The report indicates that erosion is due to use of excessive use of water etc. We had initially called the suggestions from Temple Committee itself for preservation of Linga.
INITIAL SUGGESTIONS OF TEMPLE COMMITTEE
19. In compliance of the order dated 5.5.2017 passed by this Court the Temple Committee has filed following suggestions:
"2. That in compliance of the same the committee sought a report from the Department of Geology, Vikram University, Ujjain, Prof. P.K. Verma, Professor of Applied Geology submitted the report. Hereto annexed and marked as ANNEXURE R1/ 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 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 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 avoiding usage of the impure or chemically adulterated pooja 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 subcommittee was constituted by the Collector, who also is the President of 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 subcommittee consisted of the following 7 members.
1.
Pt. Shri Anand Vyas, Archeologist
2.
Pt. Ghanshyam Sharma / Representative, Shri M.T.S., Ujjain
3.
Pt. Pradeep Sharma, ExSamiti member of Shri M.T.S., Ujjain
4.
Pt. Ashok Sharma - Purohit
5.
Shri Prakashendra Mathur, Archeologist
6.
Representative of Pollution Control Board
7.
Administrator, Shri Mahakaleshwar Mandir Samiti, Ujjain
6. The first meeting of the subcommittee 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 :
S. No.
Subject
Suggestion
1.
Consideration/discussio n on the milk to be offered to the God (Bhagwan)
There is a tradition of Dugdhbhishek of Bhagwan Mahakaleshwar. In this regard, it was suggested that highquality milk may be used. There must not be any adulteration in the milk. Stringent rules may be made in this regard. For this purpose, the Temple Committee (Mandir Samiti) may make arrangement for milk at its own level. For this purpose, 'Sanchi' can be used and in future, by upgrading Temple Gaushala more, the milk may be brought directly from the Gaushala to the temple and the milk imported from outside sources may be strictly prohibited.
2.
Consideration/discussio n on the issue of Panchamrut Poojan (offering)
The Panchamrut ablution is done every day to God Shiva. In this regard, it was suggested that Panchamrut may be prepared by the Temple Committee/Samiti itself. For this purpose, it may provide highquality milk and curd at its own level and may not directly mix sugar in the Panchamrut. For this purpose, sugar dust may be used. The quantity of Panchamrut, as already prescribed for 1 1/4 liter, may be complied with. Honey (Shahad) etc may be made available from the Gramodyog etc.
3.
Consideration / discussion on worship / offering materials
On the shops situated outside the temple, the offering/worship articles are sold, viz. Abeer, Gulal, Kumkum (Saffron) etc. In this regard, it was suggested that the Mandir Samiti (Temple Committee) may fix a shop or the Samiti may itself run a shop where pure worship materials may be available. The worship materials being sold presently in the outside area of the Temple may be prohibited/restricte d immediately.
4.
Discussion on 'Jalpaatra'.
For Jalabhishek (water ablution) of Bhagwan Mahakaleshwar, the Jalpatra has been installed at the Jaldwar (Watergate). The said Jalpatra may be cleaned every day with hot water so that the acid being gathered in the pipe etc may not be gathered/accrued
5.
Consideration of the issue of constantly being big garland etc. on the 'Jyotirling of Bhagwan (the God)'.
Constant Jalabhishek (water ablution) is done to the Bhagwan Mahakaleshwar from 06 O'clock morning till 4.30 PM in the evening. For this purpose, a big garland etc may remain constantly on the 'Jyotirling of Bhagwan' so that water, milk etc. may not fall directly on the Jyotirling.
6
Consideration of the issue of a test of water, milk, and articles etc.
This suggestion was received in the meeting that the articles and materials from which the worship etc. of Bhagwan Mahakaleshwar is done every day, all these may be tested once, from which this fact may be clear that which material is positive/suitable for the Jyotirling and which materially affects the Jyotirling negatively.
Hereto annexed and marked as ANNEXURE R1/ 4 is the true and correct copy of the minutes of the meeting dated 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."
REPORT BY PROF. PRAMOD K. VERMA DATED 11.06.2017
20. A Report by Prof. Pramod K. Verma dated 11.6.2017 has also been filed by the Committee in the form of Annexure R1/ 3, which is as under:
"JAI SHRI MAHAKAL
11th June 2017
This brief description comprises visual observation of Lord Mahakaleshwara Shiv Linga for its potential erosion due to pooja offerings by devotees. By an invitation from Mahakaleshwara Mandir Samiti, I 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 only limited observation and thus, only torch and hand lens was used. The following observations were made:
1. The Sacred Shiva Linga is approximately 2 feet in diameter and 2 feet in height.
2. The Shiva Linga is made up of Sandstone (looks very similar to Vindhya Sandstone which occurs in the nearby areas).
3. The sandstone is of arenaceous in nature with the major percentage of quartz clasts of the size generally less than 2 mm. The clasts are clearly visible through a hand lens.
4. The other clast material appears to be feldspar (orthoclase) giving the rock a typical pinkish colour.
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 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.
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 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.
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.
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."
21. The Minutes of the Meeting dated 13.6.2017 of the Temple Committee have also been placed on record vide R1/ 4. The relevant portion is extracted hereunder: "
SHRI MAHAKALESHWAR MANDIR SAMITI, UJJAIN 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 protected. The following members were present:
1. Dr. Prakashendra Mathur Archeologist
2. Pt. Pradeep Sharma ExSamiti Member
3. Pt. Ashish Sharma Representative of Pujari
4. Pt. Ashok Sharma Purohit
5. Shri D.V.S. Rawat Pollution Department
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.
Subject
Suggestion
1.
Consideration/discussion on the milk to be offered to the God (Bhagwan)
There is a tradition of Dugdhbhishek of Bhagwan Mahakaleshwar. In 29 this regard, it was suggested that highquality milk may be used. There must not be any adulteration in the milk. Stringent rules may be made in this regard. For this purpose, the Temple Committee (Mandir Samiti) may make arrangement for milk at its own level. For this purpose, 'Sanchi' can be used and in future, by upgrading Temple Gaushala more, the milk may be brought directly from the Gaushala to the temple and the milk imported from outside sources may be strictly prohibited.
2.
Consideration/discussion on the issue of Panchamrut Poojan (offering)
The Panchamrut ablution is done every day to God Shiva. In this regard, it was suggested that Panchamrut may be prepared by the Temple Committee / Samit itself. For this purpose, it may provide highquality milk and curd at its own level and may not directly mix sugar in the 30 Panchamrut. For this purpose, sugar dust may be used. The quantity of Panchamrut, as already prescribed for 1 1/4 liter, may be complied with. Honey (Shahad) etc may be made available from the Gramodyog etc.
3.
Consideration/discussion on worship/offering materials
On the shops situated outside the temple, the offering/worship articles suggestion in, viz. Abeer, Gulal, Kumkum (Saffron) etc. In this regard, it was suggested that the Mandir Samiti (Temple Committee) may fix a shop or the Samiti may itself run a shop where pure worship materials may be available. The worship materials being sold presently in the outside area of the Temple may be prohibited/ restricted immediately.
4.
Discussion on 'Jalpaatra'
For Jalabhishek (water ablution) of Bhagwan Mahakaleshwar, the Jalpaatra has been installed at the Jaldwar 31 (Watergate). The said Jalpatra may be cleaned every day with hot water so that the acid being gathered in the pipe etc. may not be gathered/ accrued.
5.
Consideration of the issue of constantly being Sandstone garland etc on the 'Jyotirling of Bhagwan (the God).
Constant Jalabhishek (water ablution) is done to the Bhagwan Mahakaleshwar from 06 O'clock morning till 4.30 PM in the evening. For this purpose, a big garland etc may remain constantly on the 'Jyotirling of Bhagwan' so that water, milk etc may not fall directly on the Jyotirling.
6.
Consideration of the issue of a test of water, milk, and articles etc.
This suggestion in the meeting that the articles and materials from which the worship etc of Bhagwan Mahakaleshwar crowd every day, all these may be tested once, from which this fact may be clear that which material is positive/suitable for the Jyotirling and which materially affects the Jyotirling negatively.
Sd/
Administrator & Joint Collector
Shri Mahakaleshwar Mandir Samiti
Ujjain"
CONSTITUTION OF COMMITTEE OF ASI/ GSI BY THIS 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: "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 the field. The Central Government suggests the following team :
1.
For Archaeological Survey of India
1. Shri Madan Singh Chauhan, Regional Director, (Archaeologist), ASI, Central Region, Bhopal
2. Dr. V.K.Saxena, Director (Science), (Archaeological Chemist), ASI, Science Branch, Dehradun
2.
For Geological Survey of India
1. Shri Hemraj Suryavanshi, Dy. Director, General, State Unit, Madhya Pradesh, GSI, Bhopal.
2. Shri L.L. Vishwakarma, Director, 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 in the size of Lingam is taking place, if any, and the measures/ 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. Let the Committee make a study and report seeing as how much deterioration of Lingam has taken place during the last threefour decades and what remedial steps have to be another part. Let the Committee submit a report be within a period of 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 cooperation.
List the matter on Tuesday i.e. 03.10.2017."
REPORT BY EXPERT COMMITTEE OF ASI/ GSI
23. Following is the report (excluding photographs) submitted by the aforesaid Experts of ASI and GSI: "
REPORT ON THE STUDY / SURVEY / ANALYSIS / EXAMINATION OF MAHAKALESHWAR JYOTIRLlNGAM OF UJJAIN (MP)
BY :
1: Madan Singh Chauhan, Regional Director, A.S.I., Central Region, 34 Bhopal
2: Dr. V.K. Saxena. Director (Science), A.S.I., Science, Branch Dehradun
3: Hemraj Suryavanshi, Dy. Director General, GSI, Bhopal
4: L.L. Vishwakarma, Director (G.S.I.), Bhopal
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 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 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 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 Geoscientific study of the Shivalinga made by Hemraj Suryavanshi Dy. Director General and L.L. Vishvakarma, Director, Geological Survey of India, Bhopal.
4th Chapter deals with the suggestions and recommendations and remedial measures.
CONTENTS
CHAPTER I
1: RELIGIOUS AND ARCHAEOLOGICAL SIGNIFICANCE OF UJJAIN AND MAHAKAL TEMPLE
1.1: Introduction
1.2: Religious and historical significance
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
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
CHAPTER II 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:
Milk Dahi or curd Homemade deshi Ghee Honey Sugar products Sandal or Chandan Bhang (Cannabis) Abir or Gulal Kanku or Kumkum Fruit juices Bhasm/ Ashes of cow dunks cake Oil lamps, Dhoop or incense sticks
2.2. Natural Weathering of sandstone
A: Water A major cause of the decay of stone
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
C: Electrical fittings
2.4. Other Observations
CHAPTER III
GEOSCIENTIFIC STUDY OF JYOTIRLINGAM MAHAKALESHWER, UJJAIN
3.1 Introduction
3.2 Observation and studies of Jyotirlingam
3.2.1 Visual observation
3.2.2 Studies based instrument 3.2.2(a) Spectral studies by Spectroradiometer 36
3.2.2(b) Portable XRF studies
3.3 Water analysis by portable water analysis kit and ICPMS Instruments
3.3.1 Ash analysis
3.4 Discussion and interpretation
3.4.1 Extent of weathering 3.4.2 Causative factor
3.4.3 Weathering through ages
CHAPTER IV
A: SUGGESTIONS AND RECOMMENDATIONS
B: REMEDIAL MEASURES
DETAILS OF ANNEXURES
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 III(a) Approximate chemical analysis of Lingam rock by portable XRF instrument IV(a) Chemical analysis of water samples from Mahakaleshwer temple premises, Ujjain (b) Trace element analysis in water samples from Mahakaleshwer 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 Survey of India, in his office letter no. 33/BO/2017M 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 threefour 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 Mahakaleshwar at 37 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 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 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.
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 texts. The first name of "Avanti "is liter in the Yajurveda for the meaning of protection. It is said that Ujjain was
