Supreme Court Dismisses Challenge To Patna HC Order Which Declared Gaya's Vishnupad Temple A 'Public Trust'

The Supreme Court on Tuesday (August 6) affirmed a ruling that the Vishnupad temple, a centre for Hindus' Shraddha rites in Gaya, is a religious public trust and not a private property of Gayawals Brahmins (the traditional priests of the temple).

A bench of Justices Sanjiv Khanna and R Mahadevan passed the order, on hearing the counsel for the petitioner, who argued that the Trial Court examined as many as 15 witnesses (documentary and oral) in the case but the appellate court set aside the evidence.

"Rightly so, the first court order became a nullity...we are not interfering...it's a public trust", said Justice Khanna in response.

Insofar as the counsel argued that in another case involving the petitioner, the Patna High Court ruled that Vishnupad temple shall be controlled by a government trust, but the same was stayed by the Supreme Court, the bench said that its order in the present case would not affect the earlier case.

The order was dictated as follows: "We are not inclined to interfere with the impugned judgment and hence the special leave petition is dismissed. We however clarify that the dismissal of the special leave petition will not have any bearing on special leave to appeal (C) No. 3644/2021 Managing Committee of Vishnupad Temple and Anr. v. Union of India and Ors."

The plea, filed in the name of Vishnupad Bhagwan by a group of Gayawal Pandas, challenged the decision rendered by the Patna High Court in January, 2024, whereby their second appeal was dismissed.

Illustrating the legal position, the High Court had observed that if public at large exercises their right of worship as a matter of right in a temple or over a deity and they are the beneficiaries, it would be a public trust. Since the beneficiaries of Vishnupad temple were general public, it was held that it was a religious public trust.

“Considering the aforesaid facts and circumstances particularly the origin of temple, the right exercised by the devotee with regard to worship, nature and extent of gift/contribution made by the public and the dictum laid down in the aforesaid decisions, there is hardly any room for doubt that Vishnupad temple is a religious public trust and not a private property of the Gayawals Brahmins,” the High Court said.

The case in brief

In 1977, a civil suit was filed in the local Gaya court by Gayawal Pandas and Vishnupad Bhagwan (through next friend) seeking a declaration that the temple is a private trust, that the Gayawal priests have full control over its management and that it is not a public temple to be governed by the provisions of Bihar Hindu Religious Trust Act, 1950. It was also prayed that the defendants (including the BSBRT) be restrained permanently from interfering with the right and possession of the plaintiffs.

The suit was decreed in favour of the plaintiff priests in 1993, against which, BSBRT went in appeal (first) in the court of the district judge, Gaya. The said title appeal was allowed and the ex-parte decree of June 1993 was set aside (in December 2020) on the view that temple is a public trust and amenable to the general superintending powers of the BSBRT.

Thereafter, a second appeal was filed before the Patna High Court by the plaintiff-priests challenging the judgment of December 2020. It was primarily contended that according to the Sashtra (as to be found in sacred Agni Puran and Vayu Puran) Gaya Tirth was handed over to them (Gayawal Brahmins) by Sri Lord Brahma and they are enjoined that they will get their livelihood from this Tirth.

It was further argued that the sacred footmark of Lord Vishnu was subsequently encircled by a temple, which was constructed with stones at the instance of Rani Ahilya Bai in place of the old temple which had been built by the Gayawal Brahmins.

On the other hand, it was BSBRT's case that construction of the temple by Rani Ahilya Bai was not for Gayawal Brahmins, but in her own right as one of the devotees and for general Hindu, which conclusively proved that Vishnupad temple is a public property and not exclusive property of Gayawal Brahmins.

It was strongly contended that the Vishnupad temple and allied vedis are part and parcel of each other and every Hindu has his/her birthright to visit the temple and the same is not at the grace of the Gayawal.

High Court's observations

The Court observed that it was not in dispute that Hindus believe in Purans including Vayu Puran, Agni Puran, Gaya Mahatmya, Vedas and the religious rituals (such as performing shraadh at Gaya Kshetra).

It also took note of the undisputed position that as per Vayu Puran and Agni Puran, Lord Vishnu granted a boon to Gayasur who dedicated his body for Yagna that whosoever visited Gaya Kshetra and performed shraadh there, his ancestors would attain moksha and Gayawal Brahmins were blessed with right to purohit by Lord Brahma.

The Court also observed that Rani Ahilya Bai constructed the Vishnupad temple without retaining any interest in it and public in general can take part in worship (and other forms of ceremonies) of Lord Vishnupad.

On faith and belief, reference was made to the Supreme Court judgment in M Siddiq (Dead) Through Legal Representatives v. Mahant Suresh Das and Others (Ayodhya Verdict), where it was held that once court has intrinsic material to accept that a faith or belief is genuine and not a pretense, it must defer to the belief of the worshipper.

The High Court also noted that the first appellate Court, in deciding the nature of trust, considered the material on record and held that Gayawal Brahmins miserably failed to prove their exclusive right, title and possession over the Vishnupad temple through cogent and reliable sources.

As the High Court found the observations of the first appellate court justified, the second appeal was dismissed and the opinion that Vishnupad Temple is a public trust affirmed.

About the temple

It is believed that the Vishnupad Mandir features a 40-cm-long footprint of Lord Vishnu in a basalt rock. As the story goes, Lord Vishnu killed the demon Gayasur at this very place by stamping his foot on his chest. After the demon was pushed under the earth with his foot, Lord Vishnu's footprint was retained in a rock.

Apparently, Ahilya Bai Holkar, the queen of Indore, had the present octagonal shrine built in 1787.

As per prevalent beliefs, Gayasura himself requested Lord Vishnu and other deities to remain over his body for all time to come. He sought a boon from Lord Vishnu that whoever visited the place i.e. his body, which was later recognized as Gaya Kshetra, and performed shraadh there, his pitras (ancestors) would attain moksha.

Case Title: VISHNUPAD BHAGWAN vs. THE BIHAR STATE BOARD OF RELIGIOUS TRUST, Diary No. - 8528/2024 

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