Orissa HC Asks State Govt To Constitute High Level Committee For Preparing Inventory Of Puri Jagannath Temple Ratna Bhandar’s Jewelleries

The Orissa High Court has drawn curtains on the issues and controversies regarding the opening and repair work of ‘Ratna Bhandar’ (Treasury) of Shri Jagannath Temple, Puri. It has directed the State to constitute a High-Level Committee to supervise the preparation of inventory of the Ratna Bhandar, if so required by the Shri Jagannath Temple Management Committee (SJTMC).

While disposing of a Public Interest Litigation (PIL) seeking opening and immediate repair of the interior walls of the Ratna Bhandar, the Division Bench of Chief Justice Subhasis Talapatra and Justice Savitri Ratho denied to interfere in the working of SJTMC and observed,

“As the apex Court has observed, we are to keep our faith in the SJTMC in management of the Ratna Bhandar and its structure. If there had been any sense of urgency, we believe that the Superintending Archaeologist would have advised the SJTMC accordingly.”

Brief Background

The PIL was filed by Samir Mohanty, a frontline leader of Bharatiya Janata Party (BJP), wherein he questioned the apathy in preparing the inventory in respect of the ornaments and valuables of Shri Jagannath Temple kept in the Ratna Bhandar.

The petitioner also urged (i) to constitute a high-power committee under the Chairmanship of the Governor of Odisha or a sitting Judge of the Orissa High Court to supervise preparation of the inventory of the valuables including jewelleries of Lord Shri Jagannath kept in the Ratna Bhandar (ii) to direct Shri Jagannath Temple Administration to open the Ratna Bhandar for carrying out the repair works in the inner walls of the Ratna Bhandar.

Senior Counsel Pitambar Acharya, who appeared on behalf of the petitioner, submitted that the technical expert committee of the Archaeological Survey of India (ASI) needs permission from the Shri Jagannath Temple Administration (SJTA) for conducting inspection of the inner-walls of the Ratna Bhandar, only after which what kind of repair is needed will be known.

Appearing for the SJTA, Senior Advocate Budhadev Routray challenged the locus standi of the petitioner to file this PIL and also alleged that he has politicized the issue in order to reap political and personal mileage.

Mr. Routray also contended that in view of the decision taken by the SJTMC in its meeting dated August 4, 2023, the prayers made in this petition have become infructuous as hardly any issue is left for judicial consideration.

Resolution Of SJTMC Meeting

An additional affidavit was filed by the SJTA producing the minutes of the SJTMC meeting dated August 4, 2023. From the said affidavit, it came to the light that the participants of meeting discussed the issue of repair of the Ratna Bhandar walls.

They pointed out that as the Ratna Bhandar is adjoining to the ‘Jagamohan’ where Lord Jagannath is worshipped, if the ASI is allowed to inspect and carry out the repair works of the walls now, then the rituals and darshan of Lord Jagannath will be severely affected.

The Superintending Archaeologist, ASI, who also took part in the meeting, suggested that the condition of the inner walls of the Ratna Bhandar can be assessed by ‘laser scanning’. After assessing the conditions, necessary repair works can be done during the Rath Yatra next year, the period when the rituals of Lord Jagannath are not performed inside the Jagamohan.

The SJTMC accepted the above proposal and decision was made for constitution of technical team to carry out the proposed work. The Superintending Archaeologist, however, informed the SJTMC that the machinery required for laser scanning is currently deployed in the Gyanvapi Temple, Varanasi. He said that the said machinery will be mobilized to Puri once the works are over at Varanasi.

In the meeting, the SJTMC discussed another pertaining issue regarding preparation of inventory of jewelleries and valuables stored in the Ratna Bhandar. The Committee pointed out that the inventory has not been prepared since long, which was last done in the 1970’s.

Therefore, a resolution was passed requesting the State Government to form a high-level committee under the chairmanship of a retired Judge of either the Supreme Court or the High Court to supervise the conduct of inventory as well as to determine its modus operandi.

Court’s Observations

The Court took into consideration the above resolution passed in the meeting of the SJTMC and noted that in fact no inventory of the ornaments or valuables stored in the Ratna Bhandar has been made for many years. It also duly ruminated over the proposal to constitute a high-level committee to supervise the preparation of inventory.

“In such circumstances, we direct the State Government to constitute a High Level Committee, if they are approached by the SJTMC for supervising the process of inventorisation of the valuables including jewelleries stored in the Ratna Bhandar. Such Committee be constituted by the State Government within a period of sixty days from the date when the SJTMC will approach them. The said Committee shall assist the SJTMC in carrying out inventorisation as aforenoted,” the Court directed.

On the issue of locus standi of the petitioner, it observed that it might have taken a view against the petitioner, but as he has pointed out two important issues, i.e. safety of Ratna Bhandar and transparency in respect of valuables stored in the Ratna Bhandar, even if the petition is dismissed that would not deter the Court to take up the issues on the judicial side.

“Even if we dismiss the writ petition on the question of locus standi, that dismissal may not refrain the court from delving deeper into these questions as Shri Jagannath Temple is the beacon of ultimate faith of millions of people,” it added.

The Court made it clear that as no mala fide has been attributed to the functioning of the SJTMC, no interference will be made in its working and it will be allowed to proceed as per its resolution date August 4, 2023.

Before concluding, the Court expected the cooperation of all the stake-holders in the issue and observed

“Before parting with the records, we would observe that the Archaeological Survey of India (ASI) and Shri Jagannath Temple Managing Committee (SJTMC) will collaborate actively on the conservation works of the Ratna Bhandar. We expect that the State Government shall come forward for efficient management when their cooperation will be sought by the SJTMC.”

Case Title: Samir Mohanty v. State of Odisha & Ors.

Case No: W.P.(C) PIL No. 20481 of 2023

Date of Judgment: September 29, 2023

Counsel for the Petitioner: Mr. Pitambar Acharya, Senior Advocate assisted by Mr. S. S. Tripathy, Advocate

Counsel for the Respondents: Mr. Budhadev Routray, Senior Advocate assisted by Mr. S. Sekhar, Advocate; Mr. Gautam Mukherji, Senior Advocate assisted by Ms. A. Mukherji, Advocate for Opposite Party No.6; Mr. P. K. Parhi, Deputy Solicitor General of India along with Mr. D. R. Bhokta, CGC for Opposite Parties No.7 and 8; Mr. Debakanta Mohanty, AGA for State

Citation: 2023 LiveLaw (Ori) 104

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