The Punjab & Haryana High Court has directed the reopening of the sealed main entrance of Prachin Shiv Mandir in Chandigarh to prevent the risk of a stampede during the upcoming Maha Shivratri festival. The court emphasized the necessity of ensuring the safety of devotees and placed the responsibility of crowd management under the supervision of the Chandigarh Police.
Previously, the court had ordered the Military Police to oversee the crowd, but the order was later modified, entrusting the task to DSP Chandigarh for proper manpower allocation.
Court’s Observations and Directives
Justice Sureshwar Thakur and Justice Vikas Suri, while delivering the order, stated:
"It is only in the wake of the ensuing Maha Shivratri Festival, scheduled for 26.02.2025 (Wednesday), and considering the 'Langar Sewa' planned for 02.03.2025 (Sunday) at the temple premises, that the reopening of the main temple entrance is deemed essential to prevent a possible stampede due to the narrow width of the existing access points."
The directive was issued in response to a plea filed by the deity, Lord Shiva, represented through the Prachin Shiv Mandir Committee. The plea contested the sealing of the temple’s main entrance by the Chandigarh Municipal Corporation in December 2024, following a land dispute with the Gram Panchayat.
Petitioner's Arguments
The petition stated that the Chandigarh Municipal Corporation had illegally sealed the temple's main entrance without notice, causing inconvenience to devotees and violating fundamental religious rights. It was argued that:
"The obstruction caused by sealing the entrance directly infringes upon the religious sentiments of the devotees and contradicts the principles of natural justice and constitutional provisions."
Additionally, the plea contended that 50% of the temple land had been taken over by the Municipal Corporation without proper jurisdiction, significantly affecting worshippers visiting the shrine.
Government’s Response and Court’s Decision
Representing the Chandigarh administration, Additional Standing Counsel Mr. P.S. Kanwar and Standing Counsel Mr. Deepak Malhotra defended the sealing as a legally executed action under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. However, considering the urgency of the situation and potential risks to public safety, the court ruled that:
"Under the supervision of the Chandigarh Police, the temple’s main entrance shall remain open from 25.02.2025 to 02.03.2025. The entrance will be sealed again at the end of the celebrations on 02.03.2025."
With this directive, the High Court aims to balance legal obligations with public safety, ensuring that devotees can celebrate Maha Shivratri without hindrance while maintaining law and order.
Mr. Dinesh Kumar Malhotra, Advocate and Mr. Saksham Malhotra, Advocate for petitioner.
Mr. P.S. Kanwar, Addl. Standing counsel with Mr. Deepak Malhotra, Standing counsel for U.T. Chandigarh, for respondents No.2 to 5.
Title: LORD SHIVA THE DEITY PRACHIN SHIV MANDIR v. UNION OF INDIA AND OTHERS