Should Security Of Shirdi Sai Baba Temple Be Beefed Up? Bombay High Court Constitutes Committee

Taking note of the importance of the issue, the Bombay High Court recently constituted a committee, to be headed by a former chief secretary, to re-assess the security of Shri Sai Baba temple at Shirdi and to decide if the Central Industrial Security Force (CISF) needs to be deployed within the temple premises for security of the sanctum and also of the lakhs of devotees.

A division bench of Justices Ravindra Ghuge and RM Joshi said the issue is 'highly sensitive' as it pertains to the security of the shrine as well as the devotees of Sai Baba.

"We deem it appropriate to direct the State Government to constitute a Committee headed by a former Chief Secretary, to re-assess the security of the temple and its premises and to make it's recommendations to this Court as to whether the CISF needs to be deployed in the entire shrine/temple premises or part thereof or only in the core area covering the building in which the holy Shrine/Samadhi of Shree Sai Baba is situated. So also, the committee may suggest a combination of options, viz. CISF with CRPF or SRP or Home guards," the judges said.

The bench said the State must constitute a committee comprising of :

• A former Chief Secretary, who has recently retired, to be the Chairperson.
• A recently retired Director General of Police, State of Maharashtra, or a former Director, CBI who belongs to the Maharashtra State cadre.
• The Principal District Judge, Ahmednagar.
• The District Collector of Ahmednagar.
• The District Superintendent of Police, Ahmednagar.
• Sanjay Bhaskarrao Kale, the PIL Petitioner.
• The CEO of the Shree Sai Baba Sansthan Trust, who will be the convenor/secretary of the Committee.

The Committee has been ordered to complete its task and submit a report to the Registrar (Judicial) of the HC by November 30, 2024.

This comes after the bench heard a Public Interest Litigation (PIL) filed by one Sanjay Kale seeking to beef up of the security of Sai Baba Temple, a popular Shrine in Shirdi, Ahmednagar district.

The petitioner relied upon the 'increasing' crime record in Shirdi area and also the fact that in 2007, seven live cartridges were found in the donation box of the temple. He also cited the fast coming high-rises around the temple as the same pose serious threat concerns.

The bench referred to the report of the Principle District Judge, Ahmednagar / Chairman of Adhoc Committee of the Sansthan, indicating that the ex-trustees and local persons from Shirdi had hijacked the temple premises and the religious ceremonies during the Ram Navmi celebration, sending the security system topsy-turvy.

"It is also claimed that in the recent past, many hardcore criminals were arrested by the ATS from Shirdi. We do not wish to suggest that there is no substance in the contention of the Petitioner with regard to increase in the crime rate in Shirdi. However, mere increase in the crime rate in the area in general, may not mean that the security system in the shrine has failed or that the State Government police and security agencies employed by the Sansthan, are ineffective and are not able to secure the temple," the judges observed.

The bench referred to the 'confidential' report submitted by the Principal District Judge, who dictated his 'serious' concern over the breach in the temple premises and the fact that the security measures were neutralised, during the festivities of Ram Navami as devotees 'hijacked' the temple. Earlier, in 2007, live cartridges were found in the donation box, the bench noted.

The judges noted that soon after the 2007 incident, a proposal was forwarded in the year 2014, for engaging the services of CISF. The Central Reserve Police Force (CRPF) had conducted a security advice drill and had specifically informed the concerned that there is no need for engaging CISF permanently. However, as and when required, depending upon the circumstances, CISF could be requisitioned, the bench noted.

"However, the issue before us is as to whether there is or could be a break-down in the security system in the shrine, warranting the deployment of the CISF or the CRPF or whether CISF could be deployed closest to the shrine which is the core area in the temple premises. High rise constructions or buildings, close to the shrine, could also be a potential threat. The reports of the Principal District Judge / Chairman of Adhoc Committee do highlight certain aspects with regard to the management of the devotees inside the temple, more particularly during various festivals. But, we need sufficient material before us to believe that there is a threat perception to the temple premises or the Samadhi shrine and that the State Police or the security agencies engaged by the Sansthan are incapable of taking care of the same, lest, we would not be justified in issuing a Writ of Mandamus," the bench said.

The CISF, CRPF, the judges said are prime internal security agencies in the country, which come under the direct control of the Government of India. In appropriate cases, it is even open for the Central Government to call upon these security forces to secure/protect any establishment.

"However, in order to take such step it must be satisfied that an extra-ordinary situation has arisen on account of the failure of securing the law and order situation, or that the situation is beyond the control of the local Administration and the Police. It is necessary to note the fact that in respect of the security of the temple, there is no apathy shown by the Trust or concerned Police Authority," the judges said.