New Delhi, Aug 19 (PTI) The Supreme Court on Tuesday directed the Uttarakhand High Court to decide the plea of "sevayat" of the Maa Chandi Devi Temple in Haridwar, seeking a stay on an order directing the Badri Kedar Temple Committee to appoint a receiver for overseeing the temple management.
A "sevayat" is a priest actively involved in the daily rituals and management of a temple.
A bench of Justices Ahsanuddin Amanullah and S V N Bhatti directed the Haridwar district magistrate (DM) to submit a report after hearing all the parties concerned on whether there was any mismanagement in the temple administration.
The top court directed the official to consider the overall situation and involve other parties in its investigation if need be to get a broad-based response with regard to the actual ground situation.
"He is also at liberty to suggest what should be the interim arrangement with regard to managing of the affairs of the Math, till the matter is finally decided by the high court. He shall focus on the best interest for the Math and its devotees," the bench added.
The top court asked the high court to take up the matter on priority and finally decide the issue to put in place a permanent or regular arrangement instead of an adhoc arrangement.
While disposing of the plea, the top court asked the DM to submit a report in the high court, deferring the matter by six weeks.
The court, however, did not express opinion on the merits of the matter.
"It shall also be open to the parties to seek any modification, which they may require in the facts and circumstances of the case in the overall interest of the Math and the devotees who visit the Math. However, this should not be construed to mean that the matter be kept pending at the high court for long," it said.
The plea of Mahant Bhawani Nandan Giri, filed in the top court through advocate Ashwani Dubey, contended the high court without any evidence and complaint delegated the control of the temple to the committee.
The plea argued the direction was passed despite the presence of a panel -- comprising the DM and senior superintendent of police of Haridwar -- it constituted in 2012.
The petitioner further argued the direction to appoint the receiver was passed during an anticipatory bail plea hearing of an accused in a criminal matter.
The Maa Chandi Devi Temple was founded in the 8th century by Jagadguru Sri Adi Shankaracharya and since then petitioner's ancestors were stated to have been managing and looking after it as "sevayat".
The plea claimed neither was there a complaint nor the question of mismanagement or misappropriation ever been flagged by the committee comprising the DM and the SSP.
"The high court passed directions which are arbitrary, illegal and perverse and outside the pleadings and without any specific relief, that too in violation of the principle of natural justice as the petitioner, who is the sevayat/chief trustee, was not heard," the plea added.
The petitioner further accused the high court of not issuing a notice and passing directions.
The high court passed the order while hearing an anticipatory bail plea filed by one Reena Bisht, claiming to be the live-in partner of Rohit Giri, the head priest of the temple.
Rohit Giri's wife, Geetanjali, got an FIR lodged on May 21 against her husband, Bisht and seven others, alleging that the woman attempted to run over her son with a vehicle on May 14.
On the same day, Rohit Giri was arrested by the Punjab Police in a separate molestation case and is currently in judicial custody.
The high court had observed that Rohit Giri was living with Bisht when his divorce proceedings were pending and Bisht gave birth to their child in January.
"Trustees of the temple are creating a noxious atmosphere ... and there is complete mismanagement in the trust. It cannot be ruled out that there may be misappropriation of donations," it said.