The Supreme Court has nullified a 2017 directive from the Gauhati High Court instructing the Deputy Commissioner to collect donations from Kamakhya temple devotees in Guwahati for its development and manage a distinct account for these funds.
The bench headed by Justices Abhay S. Oka and Pankaj Mithal directed that the High Court's order would not be enforced, considering the current system in place, where the management of the temple affairs is overseen by the Doloi (head priest) Samaj.
The Court noted that the Assam Government's statement indicating that the Doloi Samaj effectively manages the Temple Administration, operating in harmony with the local administration, and supported the continuity of this existing system.
Case Brief -
In 2015, the High Court instructed the Deputy Commissioner to handle donations from devotees and the public separately, earmarking these funds for the Kamakhya temple's development. Subsequently, a review was requested, citing the Doloi's recognized authority over both the religious and secular facets of the temple, a recognition affirmed by the Supreme Court. The argument followed that the Deputy Commissioner couldn't be mandated to segregate donations. In 2017, the High Court resolved the review, specifying that the received donations were solely for the temple's development, excluding customary offerings, and dismissed the plea.
During proceedings, the State of Assam submitted an affidavit stating that a meeting regarding the Maa Kamakhya Corridor occurred on 13.08.2023, chaired by the Chief Minister of Assam. The consensus from this meeting was that the Doloi Samaj effectively manages the Temple Administration in collaboration with the local administration, and it was agreed that the current system should persist.
Following that, in a subsequent affidavit submitted on 08.11.2023, the State assured that the Government of Assam is actively engaged in advancing the temple's development through the PM-DevINE Scheme.
Besides, it was also decided by the competent authorities of State that a certain amount (around 11 lakhs), lying in the Savings Bank Account of SBI Kamakhya Temple Branch, can be handed over to Doloi Samaj, Maa Kamakhya Devalaya, within 2 weeks. Accordingly, the account would be closed.
''Hence, the challenged orders are no longer applicable. Instead, we instruct that the contents of the aforementioned affidavits from the State Government, along with the existing arrangement for overseeing the temple's affairs, shall persist. We acknowledge the State Government's commitment to extensively develop the Maa Kamakhya Temple through the PM-DevINE Scheme. This commitment must be upheld by the State Government faithfully and in its entirety.'', the Court said.
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