The Supreme Court has strongly criticized the ongoing legal battle between two factions over the management and idol placement at a centuries-old Durga temple in Himachal Pradesh. The bench, comprising Justice Vikram Nath and Justice KV Viswanathan, is currently examining whether High Courts can issue directions under Section 482 of the Code of Criminal Procedure (CrPC) in matters related to temple administration and religious practices.
"Talwar chalaiye waha par...bhagwan ke naam par aur kuch nahi karna hai, bas ladai karna hai! It's very unfortunate, no."
– Justice Vikram Nath
The controversy began after the Himachal Pradesh High Court passed an order allowing the shifting of ancient Durga idols from a temporary shelter to a newly built temple complex. The dispute arose under a Section 482 CrPC petition. Section 482 empowers High Courts to issue orders necessary to secure justice or prevent misuse of legal procedures.
Senior Advocate K Parameshwar, representing the petitioner, argued that the High Court overstepped its jurisdiction. He informed the bench that during the temple's renovation, the ancient idols were moved to a makeshift location. Later, a new temple was built, and new idols were installed. This led to conflict between two groups—one claiming to be the original temple founders and the other being the current managing committee.
Parameshwar revealed that an FIR was filed against a member of the committee, accusing them of stealing the ancient idol. A magistrate, however, ruled that the matter was civil and not criminal, advising them to file a civil suit instead. Subsequently, both factions agreed that the new idols would remain in the new temple and the old ones would be reinstalled after a fresh pran prathishtha ceremony during Navratri in 2023, as recorded in a court order dated October 13, 2023.
"We have 120 villages before your lordships. In 482 jurisdiction, the High Court ordered a change in the nature of the new temple."
– Sr Advocate K Parameshwar
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Despite the mutual agreement, the respondents later sought to modify the compromise, leading to a fresh High Court order. The order required the construction of a separate temple room (10x10 feet) in the new complex’s northern side to house the three new idols with due respect.
This revised order was challenged in the Supreme Court, but the petition was dismissed as withdrawn on April 30, 2024.
On the other side, Advocate Ajay Marwah, representing the respondents, opposed the petitioner's claims and alleged that one of the committee members orchestrated the replacement of the ancient idols to gain control of the new temple.
"The temple had centuries-old idols. During construction, they were moved. This person got them replaced with new idols to gain temple authority."
– Advocate Ajay Marwah
Marwah requested the Court to allow the temple to open for an hour during the upcoming Durga festival (May 29–31), but the bench declined. Instead, it advised taking the matter to the temple's Special General Meeting (SGM) for decision-making.
The Supreme Court also ordered continuation of the interim stay on the High Court's judgment passed on January 10. The matter is now listed for hearing on May 20.
Case Title: Arpit Khoda vs. State of H.P.
Case No.: SLP(Crl) No. 000838 / 2025
