Punjab & Haryana HC Orders Opening Of Sealed Entrance Of Shiv Temple To Avoid Stampede On Shivratri, Supervision By Chandigarh Police

The Punjab & Haryana High Court has directed to open the sealed main entrance of a Prachin Shiv Temple on account of Maha Shivratri, to avoid any incident of stampede on the occasion and directed the supervision of Chandigarh Police.

The Court had earlier directed that the Military force would supervise the entire crowd, however,r the order was today modified and the Court asked DSP Chandigarh to provide the manpower. 

Justice Sureshwar Thakur and Justice Vikas Suri said, "It is only in the wake of the ensuing Maha Shivratri Festival which is scheduled to be held on 26.02.2025 (Wednesday), and, also on account of the fact that a 'Langar Sewa', is also scheduled to be held on 02.03.2025 (Sunday) at the temple premises, that therebys, for obviating any stampede, which may occur at the temple site, on the account of the narrow width of the gates leading to the shrine, whereas, the width of the main temple gates, is sufficient to ensure the smooth flow of devotees inside the subject temple."

The Court was hearing a plea filed by Lord Shiva, the Deity Prachin Shiv Mandir challenging the sealing of the main entrance gate of the Prachin Shiv Temple situated at village Mauli Jagaran, Chandigarh.

The plea alleged that the main entrance was "illegally sealed" by the Chandigarh Municipal Corporation in December, following the land dispute as the Gram Panchayat calmed the ownership.

The 50% portion of the Mandir Land was allegedly taken into possession by the  Chandigarh Municipal Corporation "without any notice and without any jurisdiction thereby illegally sealing its main entrance gate obstructing the Devotees to enter the Temple, hurting their religious sentiments, much against the principe of natural justice and in violation of the provisions of Constitution of India coupled...", the petitioner submitted.

The plea stated that the Mandir Land, which is owned by the Lord shiva-The Deity as per settled law and in view of the religious sentiments of the devotees and the residents of the Village

Counsel appearing for the temple argued that since a throng of devotees is most likely to pay obeisance at the shrine dedicated, to Lord Shiva, therebys, unless the said main gates are ordered to be unsealed, it would ultimately result in a stampede occurring at the relevant site of the sacrosanct temple.

Consequently, the Court directed to open the sealed main entrance on the occasion of Maha Shivratri on February 25 and directed to close it at the end of March 02.

Mr. Dinesh Kumar Malhotra, Advocate and Mr. Saksham Malhotra, Advocate for petitioner.

Mr. P.S. Kanwar, Addl. Standing counsel with Mr. Deepak Malhotra, Standing counsel for U.T. Chandigarh, for respondents No.2 to 5.

Title: LORD SHIVA THE DEITY PRACHIN SHIV MANDIR v. UNION OF INDIA AND OTHERS

Citation: 2025 LiveLaw (PH) 96

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