Kalkaji Temple Case : Supreme Court Appoints ASG Aishwarya Bhati As Amicus Curiae

A Bench comprising Justice D.Y. Chandrachud and Hima Kolhi also asked Advocate, Ms. Archana Pathak Dave to assist ASG Bhati.

"We request Ms. Aishwarya Bhati, ASG to assist the court as an amicus curiae. To facilitate requisite assistance to Ms. Bhati we also request Ms. Archana Pathak Dave to assist her."

Asking Ms. Bhati to file a brief note, the Bench indicated that it would provide about sufficient time (4 weeks' time) to do the same.

Senior Advocate, Dr. Rajeev Dhavan appearing on behalf of the Mahant of the Kalkaji Temple apprised the Bench that the main matter before it pertains to the issue 'whether the it (Mandir) was to be developed in its totality or since it was a private land it should it be limited to hygiene and cleanliness'. He added that an offshoot to the main matter is the challenge to the FAO filed before the Single Judge of the Delhi High Court, which has now been, essentially, converted into a writ petition and orders are being passed in the nature of orders passed in an Article 226 petition. Impugning such conversion as being 'beyond jurisdiction', Dr. Dhavan submitted -

"Can a court redevelop a temple in FAO or otherwise? If this is correct, then courts in every part of the country will go to some temple and say they need to be redeveloped. But, that is not the business of the court."

It was submitted that recently in a connected matter, a Bench led by Justice A.S. Bopanna has stated that redevelopment of the Kalkaji Temple can continue, but it ought not to disturb the rights of the stakeholders.

He added that at present a redevelopment plan is being proposed and the same is to be considered by the Single Judge on 28th October, 2022. In view of the same, Dr. Dhavan beseeched the Bench to grant a status quo order.

Justice Chandrachud was of the view that nothing crucial would happen in the hearing which is to take place on 28th October, 2022. However, he was quick to add that the Single Judge might be apprised of today's order of the Apex Court. In case, some substantial orders are passed, he stated, that the aggrieved parties can approach the Apex Court.

"The Ld. Judge will know now that we have appointed Amicus…Whatever happens we are here."

Notice was issued in these pleas on 27.04.2022. While issuing notice, the Court had refused to stay the High Court direction for appointment of Retired Jugde, Justice JR Midha as the administrator of the Temple for taking care of the day to day administration and issues of safety and security of the temple. The Single Judge of the High Court had directed that the entire temple complex shall be under the direct supervision and control of the Administrator.

[Case Title: Kalkaji Mandir v. Piyush Joshi SLP(C) No. 32452-32453/2013]

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