The Supreme Court on Tuesday declined to entertain a petition challenging the practice of VIP darshan and preferential access to the sanctum sanctorum of the Shri Mahakaleshwar Temple in Ujjain, observing that matters of temple rituals and access fall outside the scope of judicial review.
A three-judge bench led by Chief Justice of India Surya Kant, along with Justices R Mahadevan and Joymalya Bagchi, was hearing a petition filed by advocate Darpan Awasthi against alleged discriminatory treatment in temple entry practices at the prominent shrine in Madhya Pradesh.
Appearing for the petitioner, advocate Vishnu Shankar Jain contended that all devotees should be treated equally with respect to entry into the sanctum sanctorum and the offering of water to the deity. He argued that the current system favoured individuals with political or bureaucratic backing and amounted to unequal treatment in a religious setting.
However, the bench made it clear that such issues lie beyond the judiciary’s purview. “Whether VIP entry should be allowed or not is not for the court to decide. We are on the question of justiciability,” Chief Justice Surya Kant remarked.
He cautioned against extending constitutional rights like Article 14 (Right to Equality) into the religious domain without limits. “If we hold that Article 14 applies inside the sanctum sanctorum, then people will claim other rights such as Article 19 (Freedom of Speech) as well… All fundamental rights will then be claimed inside the sanctum sanctorum,” he said.
When the bench indicated it was disinclined to interfere, Jain sought and was granted permission to withdraw the plea with liberty to make a representation to the concerned authorities.
The plea had originally challenged a decision of the Madhya Pradesh High Court, which had dismissed objections to the preferential treatment accorded to VIPs at the temple. The High Court had held that “VIP” is not a term defined in law and that such decisions lie within the administrative discretion of the temple management and the district collector.
Jain argued for a uniform policy, stating, “If a person is entering the garbhagriha because of a collector’s recommendation, a regular devotee should also have the same opportunity. There should either be a complete ban or equal access.”
The Shri Mahakaleshwar Temple is one of the twelve Jyotirlingas in India and attracts lakhs of devotees annually. The issue of VIP darshan has long been a contentious one, with critics arguing that it violates the principles of equal access to religious places. However, temple administration bodies often maintain that controlled access is necessary for crowd management and ritual sanctity.
