16 Nov 2023 7:40 AM GMT
The Supreme Court recently held as inoperative the order passed by the Gauhati High Court in 2017 directing the Deputy Commissioner to receive the donations given by the devotees for the developmental activities in the Kamakhya temple in Guwahati and to maintain a separate account regarding the same.
The Bench, comprising Justices Abhay S Oka and Pankaj Mithal, ordered that the High Court's order will not operate in view of the prevailing arrangement of managing the affairs of temple by Doloi(head priest) Samaj.
The Court took note of the statement of the Assam Government that "at present the Doloi Samaj is running the affairs of the Temple Administration satisfactorily in close coordination with the local administration and the current system may continue.”
In 2015, the High Court had directed the Deputy Commissioner to receive the donations given by devotees and public and should maintain a separate account of such donations and spend the same for developmental activities of the Kamakhya temple. Later, a review was sought of this order contending that the Doloi has right over the management of the religious and secular aspects of Kamakhya Temple, which. has also been recognized by the Supreme Court. Thus, accordingly it was argued that the Deputy Commissioner cannot be directed to maintain a separate account of the donations received from the devotees and public. In 2017, the High Court disposed of the review by clarifying that the donation received will only be for developmental activities of the temple and not for usual offerings, dismissed the same.
Challenging the orders of the High Court, petitions were filed in the Supreme Court. Before the Top Court, the State of Assam placed on record an affidavit apprising that a meeting took place on 13.08.2023 to discuss the matters pertaining to Maa Kamakhya Corridor. The same was presided over by the Chief Minister of Assam. Therein, it was decided that “at present the Doloi Samaj is running the affairs of the Temple Administration satisfactorily in close coordination with the local administration and the current system may continue”.
Subsequently, in another affidavit filed by the State on 08.11.2023, it assured that the Government of Assam is actively taking up the development activities of the temple under the PM-DevINE Scheme.
“The Government of Assam is taking the development activities of Maa Kamakhya Temple in big way under the PM DevINE Scheme.,” stated the affidavit.
Besides, it was also decided by the competent authorities of State that a certain amount (around 11 lakhs), lying in the Savings Bank Account of SBI Kamakhya Temple Branch, can be handed over to Doloi Samaj, Maa Kamakhya Devalaya, within 2 weeks. Accordingly, the account would be closed.
The Apex Court, in its order, recorded the assurances given by the State in these affidavits and in view of the same it ordered that:
“Therefore, the impugned orders need not operate now and we direct that instead of the impugned orders, what is recorded in the aforesaid affidavits of the State Government and the prevailing arrangement of managing the affairs of temple shall continue. We take on record the assurance of the State Government that it is taking up development activities of Maa Kamakhya Temple in big way under the PM-DevINE Scheme. The said assurance shall be abided by the State Government in its true letter and spirit.”
Case Title: KABINDRA PRASAD SARMA v. CHIEF SECRETARY GOVERNMENT OF ASSAM & ORS., Diary No(s). 23917/2017
Click Here To Read/Download Order