The Indian Supreme Court has scheduled a hearing on July 1 on a petition filed by vidhyahara R. Sivarama Subramanya Shastrigal of Arulmighu Subramanya Swamy Temple in Thiruchendur, Tamil Nadu. The petitioner is challenging the Madras High Court's order approving the time for the temple's upcoming kumbabhishekam (consecration ceremony).
Read also: "Black Cat Commando Must Surrender: Supreme Court Denies Exemption in Dowry Death Case"
The Madras High Court had recently allowed the ceremony to be held between 6:00 am and 6:47 pm on July 7 based on the recommendation of a five-member expert committee appointed to evaluate the appropriate timing as per the Agama principles.
"Instead of the auspicious time of 12:05 pm to 12:47 pm fixed by me, the authorities have chosen an inauspicious time," the petitioner said.
The matter was put up for urgent hearing before a Supreme Court bench of Justices K.V. Vishwanathan and N.K. Singh. When asked about the temple, Justice Vishwanathan said, "It is a Good Temple."
Read also: Supreme Court Summons UP Jailor for Ignoring Bail Order, Calls It 'Travesty of Justice'
During the brief interaction, the counsel for the petitioner argued that the High Court had earlier acknowledged the right of the Vidyahar in deciding the timing for such religious ceremonies. However, this year, the High Court allowed the Department of Human Resource and Social Justice to overturn the decision of the Vidyahar by forming an expert committee.
"The High Court held that I am the one who decides the timing," the lawyer said.
When Justice Vishwanathan asked if the petitioner still held the office of the Vidhayak, the lawyer confirmed. He also submitted a soft copy of the High Court order, which the bench reviewed.
As per the High Court direction, the temple should follow the established practice of seeking written advice from the Vidhayak, which should also clearly indicate that his recommendation is a draft.
Read also: PIL filed in Supreme Court Seeking Grounding of Air India's Boeing Fleet After Ahmedabad Plane Crash
"Until a decision is given by a competent civil court, the supremacy of the Vidhayak in respect of the religious affairs of the temple must be protected," the High Court said.
The High Court's verdict came in the review petition filed by Shastrigal after the appointment of the expert committee and their final decision on the timing.
The Madurai bench headed by Justice S. Sreemathi and Justice R. Vijayakumar upheld the timing fixed by the expert committee. The court said confusion had been created by the legislature's filing of three separate pattas but it was not made clear that the first two pattas were draft in nature, so it had no option but to constitute the committee.
"If the legislature had been careful and had stated in its first two pattas that they were in the nature of draft… this confusion would not have arisen," the high court said.
While upholding the committee's time, the court emphasised that the decision should not be taken as a precedent and reaffirmed that the legislature's role in determining religious observances under normal circumstances remains supreme.
The apex court has now agreed to list the matter for hearing on July 1, rejecting the petitioner's request for an earlier listing.
