In a learned, laudable, landmark and latest judgment titled Neeta Bharadwaj & Ors vs Kamlesh Sharma in FAO 36/2021 & connected matters delivered as recently as on November 15, 2021, the Delhi High Court issued a slew of directions concerning the functioning of city's Kalkaji temple on varied aspects including the unauthorized encroachment by shopkeepers, sanitation and drinking water facilities as also an inspection to be carried out by the Delhi Fire Department for tackling emergency situations.
It must be apprised here that the single Judge Bench of Justice Pratibha M Singh which delivered this brief, brilliant, bold and balanced judgment also issued directions to the DCP of Delhi Police that he shall ensure that adequate personnel are posted at the temple so as to ensure that there is proper and regulated entry and exit of the devotees, to and from the temples, and to ensure that no untoward incident takes place. It must be mentioned here that this Court was shown videos depicting the manhandling by certain police constables who were posted in the temple.
To start with, this cogent, commendable, composed and convincing judgment authored by a single Judge Bench of Justice Prathiba M Singh sets the ball rolling by first and foremost observing in para 1 that:
This hearing has been done through hybrid mode. It is then put forth in para 2 that:
These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time.
While elaborating further, the Bench then observes in para 3 that:
On the last date i.e., 27th October 2021, it was submitted by Mr. Vipin Bharadwaj, one of the baridaars, that the police are not providing complete cooperation for the removal of encroachments and the management of devotees for darshan in accordance with the order of this Court dated 27th September 2021. Accordingly, this Court had directed Mr. Sanjay Lao, Standing Counsel (Criminal) for GNCTD, to obtain instructions and file a status report in respect thereof.
Be it noted, the Bench then enunciates in para 4 that:
Today, Mr. Sanjay Lao has appeared virtually, along with SubInspector Mannu Dev from PS Kalkaji, and has presented a status report to the Court. The status report reads as under:
That in compliance of the Hon'ble Court order dated 08.09.2021 passed in the above noted FAO, joint inspection of the Kalkaji temple complex was conducted by the official of the SDMC and Delhi Police and a detailed report of the same was submitted before this Hon'ble court.
Further, in compliance of Hon'ble court orders dated 27.9.21, sufficient police force was deployed to assist the SDMC official and Ld. Administrator appointed by Hon'ble high court for removal of encroachment in mandir complex. Ld. Administrator conducted physical inspection of mandir premises with police and civic authorities and also held meeting with all baaridars and representatives of shop keepers on 29.9.21. after that sealing of unauthorized shops in the premises was started and total 107 shops were sealed during drive. Due to Adequate police arrangement no Law & Order situation was emerged and whole sealing process was completed peacefully.
During Navratras, this time the temple opened for general public after a gap of one and half year due to COVID pandemic so the devotees came in much large number and with more enthusiasm to pay their obeisance to the revered deity. Moreover, this time the added dimension to the challenging task was sealing of shops in temple complex, closure of one important route for devotees and issues related to unwillingness of pujaris and Baaridars to follow the directions of administrator appointed by Hon'ble Delhi high court. Despite all above facts, proper law & order as well as implementation of COVID guidelines was conducted during Navratra arrangement successfully by the police under the supervisions of Ld. Administrator.
Staff of 10 Policemen from police station Kalkaji always remain present in the temple to ensure proper management of devotees and provide police assistance in case of any need. Besides it, Extra staff is deployed including paramilitary force during days of heave footfall like weekends. Regular meetings are held with the baaridars, Pujaris & Mandir committee to ensure proper coordination.
Police force is always available to provide assistance as & when required by the Civic authorities or Ld. Administrator for Kalkaji temple. Undersigned is duty bound and willing to abide by any directions passed by this.
To put things in perspective, the Bench then envisages in para 7 that:
After perusing the video, a clarification was sought from Mr. Lao. In response, he submits that this video had, in fact, gone viral and was brought to the attention of the concerned DCP and the Joint Commissioner of Police. He submits that after the said video was brought to the notice of the higher authorities, the Delhi Police has taken sufficient steps to ensure that such actions are not repeated in the future.
As it turned out, the Bench then points out in para 8 that:
The ld. Counsels appearing for various baridaars and parties in these matters, have submitted that during the Navratra period, a large number of devotees had visited the Mandir, and couple of such incidents, as depicted in the video, took place during that period. On a query from the Court as to whether there has been any recent incident of this nature at the Mandir, ld. Counsels submit that there have been no such incidents post the Navratra period.
Most remarkably, what forms the cornerstone of this brief, brilliant, bold and reasonable judgment is then stated in para 9 wherein it is laid down that, Considering the overall sentiment expressed by the parties, and keeping in mind the interest of the devotees at the Mandir, which is paramount, the following directions are issued:
- The DCP of the Delhi Police, stationed in the concerned area, shall ensure that adequate personnel are posted at the Kalkaji Mandir to ensure that there is proper and regulated entry and exit of the devotees, to and from the Mandir, as also to ensure that no untoward incident takes place.
- Considering that there are many female devotees who visit the Mandir, adequate number of female constables of the Delhi Police shall be posted at the Kalkaji Mandir.
- The DCP concerned, of the Delhi Police, shall pass appropriate directions to ensure that a single set of constables are not posted at the Mandir for a long period of time. The police personnel who are posted shall be changed at least twice a month.
With these directions, the status report submitted on by the SHO, PS:Kalkaji, is taken on record.
For the sake of clarity, the Bench then makes it clear in para 13 that:
It is clear that none of the shopkeepers, who are in illegal occupation of Mandir premises, can remain in possession. The shopkeepers or their families also cannot reside in the Mandir complex. The same is impermissible and is nothing but unauthorized encroachment and trespass into the Mandir's premises.
Most crucially, the Bench then directed in para 14 that:
Accordingly, the ld. Administrator, with the cooperation of the Delhi Police and the SDMC, is permitted to take action for removal of all the unauthorized encroachments within the Kalkaji Mandir premises within two weeks. If any of the shopkeepers and illegal residents in the Mandir premises are entitled to seek alternate accommodation, the DUSIB may consider their request and provide alternate premises on humanitarian grounds. However, it is made clear that the pendency of any application for alternate accommodation before DUSIB shall not come in the way of the removal of encroachments and unauthorized construction of shopkeepers from the Mandir premises.
No less significant is what is then held by the Bench in para 18 that:
It is made clear that all the directions passed in these matters shall also be implemented and given effect to by the DDA.
Furthermore, the Bench then also directed in para 22 that:
This Court is of the opinion that a Medical Centre should be run continuously at the Kalkaji Mandir premises to cater to the devotees who visit the temple round the year.
Adding more to it, the Bench then also made it clear in para 23 that, Accordingly, Mr. Lao, ld. Standing Counsel for the GNCTD, may take instructions in this regard, and with the cooperation of the baridaars, at least two paramedics and one Doctor may be posted from any of the nearby hospitals/dispensaries of the GNCTD at the Mandir premises. The expenses of the Medical Centre shall be borne by the ld. Administrator from the account where funds for everyday expenses are being deposited by the baridaars.
What's more, the Bench then directed in para 43 that:
Let copy of this order be sent to the ld. Administrator and ld. Registrar General of this Court.
Going ahead, the Bench then directs in para 47 that:
Let copy of this order be sent to the ld. ADJ(West) Tis Hazari Courts, Delhi dealing with RCA No. 60746/2016, to ensure compliance.
Not stopping here, the Bench then holds in para 48 that:
List along with all connected matters on 7th December 2021. This is a part-heard matter.
Finally, the Bench then concludes by holding in para 49 that:
The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
In conclusion, this most notable, learned and brilliant judgment by a single Judge Bench of Justice Prathiba M Singh of Delhi High Court has very rightly issued a slew of directions for the paramount welfare of devotees of Kalkaji's temple. These landmark directions must be implemented at the earliest. It brooks no more delay anymore now!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh
