Temple Rituals Can't Be A Matter Of Court Adjudication Unless Secular Or Civil Rights Of Others Are Affected : Supreme Court

In a petition filed by a devotee alleging irregularities in the rituals at the iconic Tirupati Tirumala temple, the Supreme Court on Tuesday observed that a constitutional court cannot interfere in the daily rituals of a temple.

"The procedure of conducting rituals is in the exclusive domain of the Devasthanam and cannot be a matter of adjudication by any court unless it affects secular or civil rights of others", the Court said.

The Supreme Court added that it can only look into issues relating to temple administration not following the prescribed rules and regulations. But it is not feasible for the Court to interfere into issues related to rituals and sevas.

"Can we interfere in rituals of temple? How to break a coconut or how to do aarti?", the bench led by Chief Justice of India asked the party-in-person Srivari Dada.

Observing that a constitutional court cannot interfere in the day to day affairs of a temple, the Court disposed of the devotee's special leave petition, which was filed challenging the order of Andhra Pradesh High Court dismissing his PIL which sought directions to Tirumala Tirupati Devasthanam to rectify the method of performing rituals and seva to Lord Sri Venkateshwara Swamy at the Temple.

Whether there is any deviation from the temple tradition is a question of fact, which can be determined only in a civil suit filed before the appropriate trial court, the Supreme Court added.

"It appears that the above-mentioned reliefs sought by the petitioner-in-person are in the nature of interfering with the day-to-day rituals in respect of the temple, which cannot be gone into by the Court. Whether any ritual or sewa is being performed in a prescribed way or whether there is any deviation from established practice would raise disputed questions of fact which cannot be decided in a writ petition. The procedure of conducting rituals is in the exclusive domain of the Devasthanam and cannot be a matter of adjudication by any court unless it affects secular or civil rights of others. These issues have to be looked into by the pandits or the scholars or the advisors in accordance with the temple customs or the established practice and procedure. These are not the issues for which the Court possesses expertise. So, if the Sevas, Utsavams and Darshanams in the temple are not being done according to the set principles, the petitioner will be at liberty to approach the civil court or the competent authority and prove his claims with evidence, and it is for the respondent -Devasthanam to defend the same in accordance with law", the bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli noted in the order.

However, the bench added that if there are any issues relating to administration not following the rules and regulations,  the Tirupathi Thirumala Devasthanam needs to respond.

"At the same time other than the rituals, if there are any other issues of administration not properly performing and ignoring rules & regulations, or indulging in any other violations, these are the only areas where we can ask Devasthanam to clarify the issues. So far as sevas, utsavs are concerned, the petitioner can pursue them in an appropriate forum. To that extent we aren't going to interfere. Other than these, if we start interfering in sevas, then it will not be feasible", the bench stated in the order.

The bench added in the order that if the petitioner has any grievance related to violations of rules and regulations, the temple administration has to respond.

The Court disposed of the SLP with a direction that the administration has to respond to the petitioner's grievances within 8 weeks. After that, if there is still a grievance, then the petitioner has to approach the appropriate forum.

The Court had earlier directed the Devasthanam to respond to the representation submitted by the petitioner. In response, the Devasthanam filed an affidavit before the Supreme Court stating that the Sevas to Lord Venkateshwara are performed by Archakas under the supervision of His Holiness Pedda Jeeyangar Swamy and Chinnayajeeyangar swamy strictly in accordance with Vaikhanasa Agama.

TTD in the affidavit have also submitted that perfect checks and balances have been introduced by His Holiness Ramanujacharya to ensure that sevas/utsavams are conducted strictly in accordance with Vaikhanasa Agama.

It has further been submitted that the rituals are performed with utmost sincerity, faith and devotion by the Religious staff and other Priests of the temple.