Why Rajasthan High Court directed litigants to plant trees in temple premises

Religious and spiritual sentiments of people cannot be allowed to be hurt, the Rajasthan High Court said on Friday while directing the parties involved in a dispute over a religious leader to plant trees in and around a temple [Bhanu Prakash Sharma vs Moorti Mandir Thakurji]..Justice Anoop Kumar Dhand said that Article 51A(f) of the Constitution of India stipulates that it shall be the duty of every citizen to value and preserve the rich heritage of country's composite culture."A responsibility and special duty has been cast upon everyone for preservation of the heritage and culture and no one can be allowed to cause any damage to the idols and sculpture, etc," the Court said..The Court was hearing challenge against an Additional District Judge's order restraining the petitioners, Bhanu Prakash Sharma and Bhagwan Das Gattani, from causing any damage to the idols of various Gods and pictures of religious leader Swami Krishnanad at a temple.The district judge had passed the order in a case filed by Moorti Mandir Thakurji through its priest and next friend who had accused Sharma and Gattani of destroying the photos-sculptures of Swami by applying sandal and writing different names on his photo.However, Sharma and Gattani argued that they were not being permitted to perform worship in the old customary style, which they said was affixing of sandal and writing different spiritual names on Swami's photo. .After considering the submissions, High Court said the district court had not exercised its discretion and equitable jurisdiction in any arbitrary and whimsical manner."A discretionary order has been passed by the Appellate Court to protect the idols and photo-sculpture from any damage caused by the defendants or other persons. The defendants [Sharma and Gattani] cannot be allowed to paint the photo-sculpture of Swami Ji by applying sandal and writing any kind of names etc., in the garb of religious or spiritual sentiments," the Court said.However, it also stressed that Sharma and Gattani have an equal right to perform worship and attend the religious functions and activities at the temple. They cannot be restrained from doing 'Sewa-Pooja' in the temple under the garb of the district court's order, the Court said."The religious and spiritual sentiments of anyone cannot be allowed to be hurt. The defendants [Sharma and Gattani] can put the flowers or garlands in front of the idols and photo-sculpture of Swami Ji and participate in the religious and spiritual functions and activities without causing any damage to the idols and photo- sculptures," the order stated. .Thus, the Court modified the district court's order with the condition that the parties would plant 25 trees each of indigenous varieties in the vicinity and campus of the temple premises.The plantation process shall be carried out within a period of four weeks and the parties will look after these trees till disposal of the suit, it added."The plaintiffs and the defendants shall file the compliance/status report of these planted trees every year by the first week of July, till disposal of the suit along with photographs. Their such act would certainly increase their faith in the God and the nature, created by the almighty God," ordered the Court..Senior Advocate MM Ranjan assisted by Advocate Rohan Agarwal appeared for the plaintiffs.Advocate RP Garg represented the defendants..[Read Order]