New Delhi: Former Supreme Court judge Justice B.N. Srikrishna’s report regarding members of the oversight committee supervising the functioning of Gokarna Mahabaleshwar temple in Karnataka points to their reluctance in bringing financial reforms in the religious institution and an unwillingness to follow court orders over who is authorised to offer rituals to the deity.
In a six-page report given to the Supreme Court Monday, the retired top court judge, who heads the committee, complained that he has never received any support from the seven members of the committee, due to which its proceedings have “begun to look like the proceedings of a municipal council”.
The seven members, along with Justice Srikrishna, constitute the eight-member oversight committee. “Because of their interference and conduct, coupled with the absence of any rules, every decision has seen a deadlock,” the report said.
The members’ refusal to obey the judicial order could invite contempt action not just against them, but even Justice Srikrishna, who as the oversight committee’s head, is now party to judicial proceedings pertaining to worshipping rights.
Describing Justice Srikrishna’s report as a “note of exasperation”, the SC Monday ordered the reconstitution of the eight-member committee and empowered the former judge to discharge his duties while granting him veto power.
“It is clear that Justice Srikrishna was getting stymied. Thankfully, he did not step down, of course also because he knows how revered and ancient the mutt is,” Chief Justice of India D.Y. Chandrachud remarked before pronouncing the order that inducted the District Judge of Karwar as part of the committee.
The order gives the judicial officer the charge to take all decisions for the welfare of the committee in consultation with Justice Srikrishna, who was also given the liberty to frame rules for the panel’s better functioning. It also limited the role of other members as advisors, who from now on cannot veto the chairman’s decision.
The top court had in April 2021 nominated Justice Srikrishna to head the oversight committee to manage the affairs of the Gokarna Mahabaleshwar Temple, which is embroiled in a litigation since 2008 when the Karnataka government decided to hand over the management of the temple to the Ramachandrapura Mutt.
Upon a challenge, the Karnataka High Court in 2018 quashed the state government order that also removed the Mahabaleshwar Temple from the list of shrines under the purview of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. The HC had also ordered the constitution of a temple oversight committee.
However, the Ramachandrapura Mutt challenged the HC ruling before the Supreme Court following which the latter in 2021, as an interim measure, set-up the oversight committee with Justice Srikrishna as its chairman. While three of its ex-officio members are government officers — deputy commissioner of the district, assistant commissioner of the taluka and the superintendent of the police — four other members nominated by the Karnataka Government are private persons.
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‘Perhaps political considerations & instructions have taken precedence’
The former Supreme Court judge gave two illustrations to highlight the paralysis in the committee’s functioning. His first concern was lack of transparency in financial management of the temple. The report said Justice Srikrishna made concerted efforts to get the temple’s accounts audited by Comptroller and Auditor General (C&AG), in view of non-availability of all relevant records.
As the chairman, the former judge also insisted that the temple apply for appropriate exemptions from the Income-Tax Department, after collating financial records for assessment years from 2008 onwards.
However, both the proposals were vociferously opposed by nominated private members. “Despite the financial records being in less than desirable condition, the private members nominated opposed my effort to remedy the situation,” the report pointed out.
Despite the measures proposed in good order, they have been “fought tooth and nail” by the said members, the report claimed. Even the ex-officio members have responded to this proposal of Justice Srikrishna in an “unfortunate manner”, something that normally political appointees do, the report added.
“They are unable to conduct themselves independently, and perhaps political considerations and instructions have taken precedence over proper administration,” underlined the report.
Justice Srikrishna also mentioned about the potential breach of court order the oversight panel has committed by refusing to implement a trial court order that entitled a few families to perform customary rituals inside the temple. Expressing concern over the development, the report said the committee members voted against his suggestion to let the families start the puja activities in compliance with the court order.
Srikrishna was “outvoted and outvoiced” and given to understand that incase the families, permitted by the court to do the prayer ceremonies, are allowed then there was a likelihood of adverse law and order situation. This, the report pointed out, has forced the temple and committee of administrators to “willy-nilly” continue disobedience of the court order made by the district court.
The report talked about the various opposing groups of persons, claiming to have rights of Upadiwanthas — those who perform customary rituals. But not all had authentic documents or court orders to assert this right. Hence, the report said, it was not possible to decide who is legally authorised to perform these functions.
The report, however, expressed doubts about the intentions of the private members, who, in his view, appear to be carrying forward the agenda of the Ramachandrapura Mutt. It said willful disobedience by the committee members has put Justice Srikrishna on the risk of facing contempt proceedings.
Taking note of the former judge’s noting, the CJI-led bench Monday also directed the state government to re-nominate the four private members of the committee. While ordering the district Judge to be part of the committee, the bench said he/she can also nominate a judicial member not below the rank of additional district judge in case he is unable to fulfill all the functions. The ADJ chosen by the district judge shall not be dealing with any matters of trust or temple, the order further said.
The bench gave its order disregarding the objections made by the contesting parties and said it had no reason to disbelieve Justice Srikrishna.
“We will say all members (of the committee) are to act in advisory capacity and rules of procedures will be framed by Justice Srikrishna. In the absence of Justice Srikrishna, all the decisions can be taken by the district judge in consultation and approval with Justice Srikrishna,” the order said.
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