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Move High Court: Supreme Court rejects plea to hand over Mahabodhi Mahavira temple to Buddhists

The Court dismissed the plea while granting liberty to the petitioner to move the High Court.

Debayan Roy

The Supreme Court on Monday rejected a petition seeking directions to hand over the control and management of Mahabodhi Mahavira temple in Bihar's Bodh Gaya to Buddhists [Sulekhatai Nalinitai Narayanrao Kumbhare v. Union of India].

A Bench of Justices MM Sundresh and K Vinod Chandran said that a plea under Article 32 of the Constitution directly before the Supreme Court cannot be entertained on the issue, and asked the petitioner to approach the Patna High Court.

"How will we do it? This is not maintainable under Article 32. How can we issue mandamus. Please approach High Court," Justice Sundresh remarked.

The Court then dismissed the plea while granting liberty to the petitioner to move the High Court.

"We do not entertain this. Dismissed. Liberty granted to approach High Court," the Bench ordered.

The Buddhist temple, which is a UNESCO World Heritage Site, is currently under the control and management of the Bihar government.

The petition filed by one Sulekhatai Nalinitai Narayanrao Kumbhare sought directions that Bodh Gaya Temple Act of 1949 be amended and the management of the temple be handed over to Buddhists, respecting their faith and religious rights.

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