SARIKA versus ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS on 2 May 2018

SUPREME COURT REPORTS

[2018] 4 S.C.R.

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SARIKA

v.

ADMINISTRATOR, SHRI MAHAKALESHWAR MANDIRCOMMITTEE, UJJAIN (M.P.) & ORS.

(Civil Appeal No. 4676 of 2018)

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MAY 2, 2018

[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]

Religious monuments: ‘Lingam’ at ancient MahakaleshwarJyotirlinga temple in the Ujjain – Erosion of lingam caused byCwater and other impure puja materials like sugar, ghee, milk andcurd etc. – Protection and preservation of lingam – Writ petitionand application seeking directions for preservation of lingamand appointment of Expert Committee – Constitution of ExpertCommittee of ASI/GSI by this Court to submit a report onDdeterioration of Lingam and its conservation – Submission ofsuggestions, recommendations and remedial measures by ExpertCommittee – Pursuant thereto, temple committee passed fewresolution to protect and preserve the Lingam – Report of theExpert Committee and the resolutions – Thereafter, noticedisplayed on the notice board by the managing committee of theEtemple indicating that this Court had directed the manner inwhich the religious ceremonies have to be performed in the temple– Held: Misrepresentation was being made with respect to theorder passed by this Court – There is no interference on merits orwith the religious rituals to be performed in the temple during PoojaF– All the necessary rituals may be performed however to ensurethat the Lingam does not deteriorate any further – Puja to beperformed in such a manner befitting to the deity – Remedialmeasures should be taken as suggested in the report – Conservationbe carried out with the help of conservator and experts of ancientarchitecture – Resolutions made by temple committee to beGimplemented – Temple Committee to decide the rituals, material usedas also prepare/manufacture the offering material in the purest form– ASI/GSI teams to submit report and improvements made –Constitution of India – Art. 25, 26 rw Art. 49, 51A.

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Constitution of India: Art. 25, 26 read with Art. 49, Art. 51A– ‘Lingam’ at ancient Mahakaleshwar Jyotirlinga temple in theUjjain – Erosion of lingam caused by water and other impurepuja materials – Protection and preservation of lingam – Held:Mahakaleshwar Jyotirlinga has so much importance for spiritualand other gains – There is a constitutional and fundamental dutyto protect it, to promote harmony and spirit of brotherhood andto value and preserve the rich heritage of our composite culture– There is a constitutional obligation to preserve the religiouspractices of all religions, culture and there is also a correspondingduty to act in that direction – State duty bound to spend the amountso that not only the archaeological, historical and ancientmonuments are preserved but sanctum sanctorum, as well as deityis preserved.

Disposing of the appeal, the Court

HELD: 1.1 Misrepresentation was being made with respectto the order passed by this Court and unrest was tried to becreated on the ground that this Court is interfering with thereligious rituals to be performed in the temple during Pooja. Thus,it is clarified that this Court has not interfered with the same.Said direction holds good for this order also and to be scrupulouslyobserved by all concerned. The only objective of entertainingthe writ petition was just to ensure that all the rituals which maybe necessary be performed however to ensure that the Lingamdoes not deteriorate any further. [Para 30] [744-D-E]

1.2 There is a decay of the Lingam and certain damage hasbeen noted by the Expert Committee. Negative factors have alsobeen pointed out in extensive details. Activities regarding thedaily cleaning of temple premises, gaushala, Vedic samsthan,mandir, rasoi of the temple etc. have been pointed out. The studyhas been done by Spectroradiometer, portable XRF studies, wateranalysis, ash analysis, the extent of weathering etc. Varioussuggestions and recommendations had been made including theremedial measures. It has been noticed in the report of the expertsof the ASI and GSI that deterioration of Lingam has taken placeduring the last 40 to 50 years. The deterioration is continuous innature and can be managed with remedial measures. [Paras 31, 32][744-F-G; 745-A-B]

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A1.3 The water analysis of the temple premises used in theJalabhishekam is highly alkaline in nature and pH value rangesfrom 8.4 to 8.7. Various other causes have been delineated in thereport of the experts. In all 24 causes have been given. Milkparticularly contaminated one, sugar, leaves, petals and flowers,poor drainage sanitation and water spillage, use of the water shouldBbe minimum. Rubbing of jaggery/sugar powder should berestricted or minimized. Use of a lot of flowers and leaves alsokeeps the Jyotirlingam wet all the time and hinders naturalbreathing of the stone of Jyotirlingam. Use of metal buckets, pots,utensils also causes abrasions to the Lingam. If possible entry ofCdevotees in Garbh Griha should be limited. Garbh Griha shouldbe kept dry and clean. There should be proper air circulation inGarbh Griha. Arrangements for disposal of waste may be improvedand should be made more effective. Since scientific/chemicaltreatment may not be acceptable, preventive conservation methods may be helpful to keep the Jyotirlingam in the best ofDits conservation state. Considering the historical importance ofthe premises, use of modern materials in the premises should beavoided so as to maintain the antiquity. There is a need to identifythe sculptures and they are required to be properly documentedand identified. Remedial measures should be taken as suggestedEin the report. The conservation be carried out with the help ofconservator and experts of ancient architecture. [Para 34, 35][745-B-G]1.4 There should be proper disposal of temple garbage andit should be ensured that it does not contaminate the KotiteerathFPond. Better use of flowers would be that they are recycled forthe production of scent/itra. For that project may be prepared bythe administration with the help of concerned bodies or on thebasis of PPP. Cleaning methods should be modernized. [Para 36][746-A-B]

G1.5 It is apparent from the response of the Committee filedpursuant to the order dated 25.8.2017 of this Court that theCommittee has agreed to save the Lingam by minimizing theflowers and offerings material. It has also been resolved that theTemple Committee shall install an RO plant to maintain pH valueof water at 7 and devotees should be allowed to use minimumH

water. Temple Committee has also resolved that during BhasmaAarti also they will take appropriate steps which may bepermissible. As permissible, use of ghee, milk, curd, and honeyshall be restricted per devotee. These materials shall be of ISIstandards. Lingam shall be properly cleaned and dried after Puja.Expansion of drainage system was under process and becompleted at the earliest. Rubbing of sugar powder on the Lingamshall be banned. It would be ensured that there is no harm causedto the Jyotirlingam. There is a management plan to permit limiteddevotees at one time in Garbh Griha so that there is no stampede.They are ready to maintain the temperature of garbhgriha from17 to 20 degree Celsius. There should be more air conditioners.Damaged area of marble flooring and sealing of joints shall berepaired. Provision has to made for proper circulation of air ingarbh griha. Arrangements for disposal of wastes have to beimproved. [Para 37] [746-B-E]

1.6 Preventive conservation methods shall be used by theCommittee. Efforts shall be made to preserve the originality andantiquity of the temple. They have to also ensure that they wouldundertake necessary steps for saving structure and life ofdevotees during Nagpanchmi. A plan in this regard be preparedwithin two months. It is also directed that let them make an effortfor the preservation of historical monument the new developmentwork if any, should only be made to match with ancient nature ofthe temple so that its heritage look is maintained. As to therecommendations of the report of the Experts Committee, samehave been accepted by the Committee. The Committee toimplement the recommendations as agreed to and resolved byit. Considering the national and international importance, TempleCommittee has rightly resolved to create a Heritage Cell formaintenance and restoration of the old temples and structuresinside the premises. Such cell be created at the earliest. [Paras38, 39] [746-F-H; 747-A-B]

1.7 In compliance of the order dated 13.10.2017 theCommittee has passed various resolutions accepting variousrecommendation of the Expert Committee. The ExpertCommittee of ASI and GSI has filed response to the variousresolutions passed by the Committee. The Expert Committee A

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Ahas also agreed with most of the resolutions. However, it hasmade certain suggestions which are to be considered by theCommittee and implemented in best possible manner. [Para 40][747-B-C]

1.8 Expert Committee suggestion in respect of KotiteerathBPond water to be treated periodically and to ensure that therainwater of temple premises, as well as drainage water from thetemple premises, should not be drained into the pond andcontaminate the Kotiteerath Pond, has to be implemented in truespirit. [Para 41] [747-C-D]

C1.9 Committee of expert has also suggested that rubbingof any offering by devotees may be stopped. Devotees may beallowed to offer their offerings symbolically but not to be allowedto rub any material over the Lingam. The Committee to considerthe said aspects and to ensure that as far as possible no rubbingis done by the devotees on the Lingam or by any material. TheDCommittee also pointed out that no new significant constructionto be carried out in the temple premises except the smoothpassage in the premises is concerned, the resolutions be carriedout and fully implemented as resolved by the Committee on timebound basis for different stages within one year. [Para 42]E[747-D-F]

1.10 With respect to the method of “lingarchan”, methodof linga pooja, the 27[th] chapter of “Ling Mahapuranm” has beenplaced on record. Pooja of different lingam may be somewhatdifferent. It is for the experts in the field of religion to decideFabout the rituals and ceremonies to be performed. It is not forthis Court to make suggestions in this regard. [Para 43][747-G-H]

1.11 It is not within the jurisdiction of this Court to dictateor to prescribe or restrain the religious practices and Pujas to beGperformed in temple. They are required to be performed, inaccordance with the ancient rituals and practices but, at the sametime, it has to be ensured that no damage is caused to the lingam.The temple which is known as Mritunjaya Mahadev and is mostancient Jyotirlingam in one of the ancient cities of India, Ujjain.‘Simhast’ is also organised 6 years and 12 years which hasHinternational importance visited by several millions of people.

The Government spends thousands of crores of rupees fordevelopment of infrastructure in Ujjain for each such occasionand lot of development has taken place. Owing to all thedevelopment work, Ujjain has come up. But at the same timevery cause of all developments, the Lingam requires to bepreserved, protected by way of preventive conservation methods.[Para 44] [748-A-C]

1.12 In order to ensure purity of pooja materials and toprevent further erosion of Lingam it would be appropriate andfitness of things that a plan is prepared regarding the entireoffering materials on the lingam to be manufactured and providedby temple itself as is done in several famous temples in theSouthern part of India and other places. By pouring the adulteratedMilk, Ghee, Kumkum, Gulal, Abir containing chemicals due toadulteration is improper and cannot be permitted to be part ofthe ritual. Lingam cannot be permitted to be destroyed by chemicalreactions of impure materials or by pouring of the dirty watersuch acts of offerings cannot be allowed and as are doneinnocently by the people unaware of ill effect on lingam. Haddevotees been aware of all these, adverse effect of their Puja onthe Lingam of their God itself of which they are performing Puja, they would not have even dreamt of doing it. The TempleCommittee and other stakeholders to take positive steps in thisdirection in reasonable time. [Para 45] [748-D-F]

1.13 Use of Bhang (cannabis) has been started in recentpast, approximately for the last 50 years and that is one of thecauses of erosion as per the petitioner. Earlier it used to be offeredsymbolically. It is for the Temple Committee to decide on theserituals and which material to be used by it and in which quantityfor purpose of Puja by Temple and for how much time, in whatmanner Bhang should be applied and in what rituals. TheCommittee to consider it with help of scriptures and experts.How its use can be best modulated by the Committee itself,considering past practices, as the ultimate duty of Committee isto make preservation of the Lingam itself for its existence andfor that it has to consider and adopt what is the best mode ofperforming the rituals, what are the materials which should beused and in what quantity but it has to be ensured that the AB

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Amaterials are not impure and are without such chemicals whichmay cause erosion of the lingam itself otherwise the very purposeof Puja would be defeated. [Para 46] [748-G-H; 749-A-B]

1.14 Puja is to be performed in such a manner which shouldbe befitting to the deity and not to cause erosion itself of lingamBfor which so much infrastructure exists. Lingam is known as‘Mrityunjaya Mahadev’, who prevents from destruction, it cannotbe permitted to be destructed. Lingam cannot be permitted tobe exploited in a manner it is destroyed. If one believes in theconcept of real pooja, such Pooja is to be performed by purematerials as purest of thoughts. No spiritual or other gain canCcome if Puja is performed in a manner which damages the deityitself as that would amount to displeasing the saviour. That wouldbe against the basic tenets of performance of Pooja and of makingofferings. [Para 47] [749-E-F]

1.15 The Temple Committee to invite and consider variousDviews for further improvement of the temple. The TempleCommittee to make an endeavour along with other stakeholdersto prepare/manufacture the offering material in purest of the formand by such time it becomes a reality to make an arrangement insuch a manner that only pure and unadulterated materials areEoffered in pooja on Lingam. No impure and adulterated materialis offered in Puja and the resolutions made by the TempleCommittee are scrupulously observed by all concerned. [Para48] [749-E-F]

1.16 A concrete plan be made by the Committee for furtherFimprovement including its Gaushalas. The existing Gaushala andkitchen be improved and modernize and for that purpose, in case,additional land is required, plan be prepared and implementedwith the help of all concerned so that temple becomes self-sufficientto provide all pooja material based on milk product etc. [Para 49][749-F-G]G

1.17 The decision by the Single Bench has rightly been setaside by the Division Bench for the various reasons mentionedin the order and in particular in view of the fact that in theimpugned order the Division Bench has relied on decision inRamchandra Mangilal & Ors. v. State of M.P. which had beenH

affirmed by this Court. Hence no case for interference on meritsis made out. [Para 50] [749-G-H; 750-A]

1.18 The ASI/GSI teams that has visited and had submittedthe report to make a visit in January 2019, is directed to submita report with respect to the position of the lingam andimprovements made as per suggestions made in the report. [Para51] [750-B]

1.19 There should not be any misreporting of the Court’sorder, as specified in the order dated 30.11.2017. Any violationon this count shall be viewed seriously and sternly withappropriate consequences, wherever necessary. It is hereby madeclear that this Court has not interfered with religious ceremoniesto be performed in the Temple. [Para 52] [750-C-D]

Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002)7 SCC 368 : [2002] 2 Suppl. SCR 266; Prafull Goradiav. Union of India 2011 2 SCC 568 : [2011] 1 SCR 579;Transport & Dock Workers Union v. Mumbai Port Trust(2011) 2 SCC 575 : [2010] 14 SCR 873; ShantistarBuilders v. Narayan Khimalal Totame (1990) 1 SCC520; P.G. Gupta v. State of Gujarat & Ors. (1995) Supp2 SCC 182 : [1994] 6 Suppl. SCR 628; RamchandraMangilal & Ors. v. State of M.P. ILR (1991) MP 444 :(1987) MPLJ 668 – referred to.

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642SUPREME COURT REPORTS

ACIVIL APPELLATE JURISDICTION: Civil Appeal No. 4676of 2018.

From the Judgment and Order dated 27.10.2016 of the High Courtof M.P. at Indore.

Tushar Mehta, ASG, A. K. Chitale, Ms. Vibha Dutta Makhija, S.BB. Upadhyay, Sr. Advs., Niraj Sharma, Divyaknt Lahoti, Sumit Kr.Sharma, Ms. Amrita Grover, Vijay Prakash, Rajat Nair, Arvind KumarSharma, Mrs. Anil Katiyar, Rohit K. Singh, Arjun Garg, Mukesh Kher,Priyank Kher, Bipin Kumar Jha, Atishi Dipankar, Neeraj Shekhar, SumitKumar, Animesh Kumar, Ashutosh Thakur, Advs. for the appearingparties.C

The Judgment of the Court was delivered by ARUN MISHRA, J. 1. Leave granted.

2. The petition pertains to famous Mahakaleshwar temple, Ujjain.The appellant has impugned the judgment and order passed in Writ AppealNo.37/2014 by the Division Bench of the High Court of Madhya PradeshDat Indore thereby setting aside the order passed by the Single Bench on4.12.2013 in W.P. No.10712 of 2013.

3. Mahakaleshwar is an ancient temple of Lord Shiva. In orderto understand the importance of the Lingam it is necessary to considerit, in brief, the history of Mahakal – Shiva, worshipping of statues andELingam, origin of Mahakal, same as defined in scriptures etc. as pointedout in the reply of Mahant Prakash Giri of Shri Panchayati AkharaMahanirvani is as under:

“BRIEF HISTORY OF MAHAKAL SHIVA

Since ancient times in Hindu culture definitions are foundin name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly,the Vedas are the only authentic and well-being book of Hindureligion, when and where it was created it is matter of search.But it can be said that at least 5000 years ago, it was incomplete existence.

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Shiva is the instrument of discussion in Veda Mantras,but that discussion is on shapeless god. Somewhere nature’sbody is also addressed by various names of Shiva, part ofVedic treatises of the Swaithashwar influx, it has beendiscussed by the ‘Sweth’ sage on the basis of the VedicHMantras in the spiritual form of Shiva.

As briefly stated, [Abstract from Swaithashwar influx] :The creator treats himself and all the controlling Divine powersdifferently, therefore, it remains entangled in the creation ofuniverse [In the enjoyment of nature] And when thatincomparable divine power is experienced, then attainliberation, that is salvation.

Indestructible or destructible, visible and not visible itnourishes the divine (the supreme power) of this whole world,the creature attracted to the qualities of nature, treatinghimself as his boss, stays in the same nature, and when thatcreature is experiencing that divine, attracted by the qualitiesof nature, creatures [Jeev] keep himself tied by the attributeof the same nature, and when that creature experiences thatdivine, then he is exempted from all bondage.

The destructive staple and indestructible life-force isformulated by a god called ‘Har’, with the thought of itscontemplation, and by the feeling of its element, the personachieves the retirement of the cycle (nature) of thereincarnation after liberation.

Braham in the soul should forever be known, there is nomore known qualified entity than this, the creator (creature),the usable material (nature), and the inspiration (God), thisis the only way Brahma said in three ways.

While commenting on this stanza, ‘Shankaracharya’ haswritten with the reference of Shiva, that performers [Yogi]see Shiva’s not in idols but in soul, a person who relinquishShiv from his inner soul to worship outer Shiv, he feels as ifhe has dropped his hands morsel (Food yoga substance) andlicks his empty palm, as the blind person can’t see the risingsun, in the same way, the uneducated person can’t view thecalm form of Shiva. The person who view the omniscient(everywhere present) calm form of Shiva, Shiva resides in hisheart, but those who can’t see Shiva located in their souls,those people use to search him at pilgrimage place. In theinterpretation of this stanza, it is written with reference toVishnu Purana that’s the goal that is proven by the mind’saxiomatic (complete) Inconsistent (Due to meditation and A

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distinction between patience) the form is assumed, it is calleda Samadhi.

The power called a Rudra is governed by the entireUniverse, it is situated within all the organisms and createsthe entire universe (many planets located in space and space),protects them and destroys (destruction of the universe) meansit merges in itself. Rudra Dev originates all the creation andcreatures.

Nature is to be known as illusion and Maheshwar asElusive this entire world (universe) is the Action Format ofboth of them.

At the beginning of creation by becoming one [supremepower] and being special by its power without any purposemany types of characters [Special form] holds and in the endthe world dissolves in it and same supreme power providepure intelligence.

Supreme power is the fire, the same sun, the same air, thesame moon, the same Venus, the same Brahma, the same water,and the same is Prajapati. Dev (supreme power) exists in fire,which is in water, and is occupied (everywhere) in the entireuniverse and which is present in the Medicine and thevegetation also that god (God). This soul is neither a woman,nor a man, nor an important, the one who holds the bodyremains the same.

The supreme power, (the power that exists everywhere),that power is the form of knowledge, which is the power time(time). Who is the virtuous and Omniscient [all knowing]Inspired by that the earth, water, fire, air, and sky, establishedIn their own deed, keeps interaction, think of that supremepower. Head-Neck-and chest keeping the body together, bycontrolling all the indices by concentrating peace of mind,strengthen the meditation while uttering the sound ‘Om’.

To control the mind, do pranayama. These actions are tobe held at quiet, secluded, and in a clean place.

In this way, where ever Yogi does Yoga, the Yogi experiencethe Brahma Tattva (God) with the illuminating self, similar tothe lamp, That yogi is free from all unborn, steady, and allelements, he releases himself from all bounding by knowingthat God.

Thus, from this brief description of ShvetashwarUpanishad, it can be understood that the Shiva as describedin Veda, he is the only creator of the Universe, is rearing theuniverse, is also the destroyer, spreads everywhere known aspower form of formless God.

It is submitted that Vedas are the foundation of Hindureligion, all types of basic knowledge and science areavailable. This is the first knowledge book of the universe,on basis of this Vedas, all Purans and Hindu texts are writtenor spoken, now it can be seen brief form of Shiv from Hindutexts written after Vedas. The ‘Shev sect’ is known forworshiping different forms of Shiva by believing it as God,this sect. has its own elaborate literature how much is truth, itis the matter of research but in Bharat it has been recognizedat least 2500 years ago it is known from the available evidence,how old is this from it is a matter of research. The main formsof Shiva People whom people in Bharat or abroad worshiphim as God in the form of idol or phallus. The visual part ofShiv is as follows:

1. Panchamukhi Shiva

2. Asht Vidh Shiva

3. Ekadash Rudra

4. Various Incarnations of Shiva

5. Bhairav

6. Shiva’s Yogavatar

The Origin of Lingas:The origin of the Linga’s in thePuranas in such a way that when this creation was takingplace, there was a fierce battle between Brahma and Vishnu,and in that war a huge Jyotipunj appeared between them, Asa result of this sudden incident, both of them stopped fighting A

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together and went to know the secrets of this light; they wentup and down in the form of swan and wind, but there was noend to it then both of them came back and gathered andexplored Lingas at that time they heard a sound ‘Om’ comingout of that Jyotirmay Lingas, and universe was created, firstof all it came in form of Golden egg and it remain in sameformat for thousand years after that egg got divided whichcreated Sky and Earth Brahma and Vishnu performed theprayer of Jyotirlinga with Om Mantras then from thatJyotirlingas in form of words [a,aa,e,ee,u,oo,r,tr,others) Shivalong with Uma manifested when he lift his head again andlooked upwards then from sound of Omkar he visualize 38words Ishan Mantras, 24 words Tatpurush Mantra, 33 wordsAghor Mantras, 35 words Sadhojat Mantras and 66 wordsVamdev Mantras knowing these five mantras Vishnu startedChanting these mantras and prayed Shiva by these in Mantraform from here onwards the origin of worship Jyotipunj Lingasstarted, the main meaning of the word lingas is symbol, i.e.here, we understand from Shivling that in entire universeShivaling is considered to be the symbol of the ultimate powerwhich prevails inside and outside of it, word Shiva it the onlypower who runs, creates, .and destroy this universe. Thisuniverse is its direct symbol, hence Shivling is considered assymbol of God.

Different types of lingas:There are two main types oflingas the first type of lingas is called as swambhu, meaningof swamboo is who is self-generated, second type of Lingasare produced, Lingas are produced from Mercury, Gold, Silver,Diamond, Sfetik, Precious Stones, stones and Mud, it can bemade from other materials also, Shiv Lingas made of mud aredissolved in water after worshipping daily balance type ofLingas are permanent. According to tradition every piece ofstone found in Narmada river is treated as Lingas. Apart fromthis trees and plants are also symbol of Shiv Lingas.

Legislation of worshiping Statues and Lingas:Shivastatue created along Human shape is called Pratima, Customsof worshiping the Idols and Lingas are almost same.

Worshiping of Shiva’s Formless Lingas: In addition to externalworship, internal worship is also mentioned in the Puranas,for spiritual contemplation and meditation two types of Lingashave been defined Lingas created by physical materialsavailable outside and interior Lingas, for the sake ofemotional fulfillment of common mass concept of Solid outsideform of Lingas, has been perceived, the epicenter lingus whichmeans the spiritual astral body, which does not have directexperience the same ignorant persons perform prayer etceverything outside by imagining it externally, by meditatingJnan meditation yoga, in meditation, that subtle Lingas symbolof Shiva sees himself sitting in his own right. Once thisknowledge is attained, there is liberation this is worshipingthe formless Lingas. Knowledgeable people performmeditation yoga by the equator were he visualize subtle shapeShiva sitting within itself when his knowledge is attained hegets Liberation, this is the way to worship the formless Lingus.

Pasupat ki Utpatti: According to Ling Purana, Pasupatvrat Yoga scriptures and Kapil Samkhya are composed byShiva and Pasupat was created earlier and it’s the best. Shivahad very first preached to Vishnu etc deities of Pasupat secondtime he preached at time when he inhale poison occur fromsea churn, third time he preached to Prajapati Daksh on theoccasion when Daksh oblation [Yag] was vandalize. Shiva28 yoga avatars were also holders of pasupat vrat they spreadthe Pasupat through their disciples. Pasupat vrat which wasoriginated by Lord Shiva, after him the Yoga incarnation heldat different times by different people took forward but all ofthem are not available in Holy book [Grant] but they arediscussed in the context here and there. Out of these the lastYoga avatar his name was ‘Lakuleesh’ and he was bornpresently known as Gujarat in Vadaodra district, accordingto time he reached Ujjain their he delivered his first preachto Kushik and other disciples on manner in which Shivperformed and practiced the Pasupat vrat, and Mahadev southfacing statute i.e sacraments or pledge the bhasma purifiedby Sadhojatadi 5 Shiva Mantra’s to Mahakal this prime actionhas been interpreted in Pasupat Sutra by authentic interpreter AB

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‘kodilya’ in his first Sutra. Mahadev authentic south-directionLinga formation is the only one at ‘Mahakaleshwar Jyotirling’besides this the accreditation is that it doesn’t exist at anyother place. Persons who adopt Pasupat yog should take baththrice with Bhasam, should sleep on bed of Bhasma, evenafter taking food etc he should put Bhasam on his body,should possess Shiva Nirmaalya, such as House holders andpeople living in the other hermitage have their own specialsymbols likewise Bathing with Bhasam [Bhasam ashnan],Sleeping on Bhasam, Anuashnan Shiva Nirmaalya are symbolof person of Pasupatl’s, Pasupati should chant five Braharnmantra purified by ‘Sadvoiata’all these should be performedin congruence of south facing staue of Lord Mahadev.ln briefit has been narrated about Pasupat, Pasupat tradition originated from Lord Shiva has alwaysbeen followed regularly in Bharat today they are known as‘Naga Sadhu’, There is evident proof of Pasupat and NagaSadhu’s are time to time mentioned in ancient books [Grants],and are been quoted in scripts of others religion [Jainismand others].

Origin of Mahakal: According to Shiva MahapuranaKotirudra sanhita Update 16, a Brahmin lived with his foursons in Ujjain [Ujjani] city, that Brahman daily used toperform Agni horn & terrestrial Shiva Linga, at the same timean evil demon called Dushan lived on the mountain calledRatanmal. On day when Brahman was delighted in meditationof Lord Shiva then only Dushan monster arrived along withhis army and tried to kill Brahman then only Lord Shivamanifest from the terrestrial Linga worshiped by the Brahman,said that I am Mahakal who destroys evil demon like you,move away from this Brahman, and by a single word ‘Hunkar’reduced that evil demon along with his army into ashes, afterthe killing of Dushan these Brahmins prayed to Lord Shiva tostay their and Lord Shiv accepted it stable himself in form ofLingas and known as Mahakal. In the 17th chapter of thismythology, King Chandra Sen of Ujjain and one Gope childalso worship the Mahakaleshwar Lingas.

Pasupat and Mahakal: In the Puranas and many otherliterature, the material related to Mahakal is obtained,according to available evidence, current Mahakal temple isthe only authentic South facing Shiva Linga, ,in the past therewas crematorium at this place, this is the only Shiv Lingas inthe universe on which from unknown time ashes of funeralpyre brought from crematorium by pronouncing SadyojataFive mantras is plated by Naga [Pasupatis] Sadhu. Thistradition is not experimented anywhere else except Mahakalno other sect in the universe except Pasupat loves Bhasamand crematorium, he is worshiper of south facing Shiva anduses bhasam purified by Pach Braham[ Sadyojata] mantras.Current format of Pasupat which was preached by Lukulishin Ujjain these probes that Pasupat and Mahakal aremutually related and according to the said behavior inMahakal before and during today’s time, Mahant of Nag aSadhu’s at Mahakal is following the tradition of Pasupat.Swet Saga the first Pasupat acharya in Swetashwer upnishedhave mentioned at different places about Divine power ofShiva especially in chapter (4-20) He has praise a specialappearance of Rudra’s southern face, In mahabharat chapterAnushasan parv Shiva told Uma that I have delivered thepreaching on Pasupat from my Southern face, in ShivMahapuran, Ling Mahapuran, Panchbrahmhopnishadvolumes south facing Shiva has been called Aghor, It is famousthe crematorium is very dear to Shiva and Shaiv Aghories, inLing Mahapuran worshiping South facing Shiva by Bhasamhas been mentioned specifically, proof in these texts certify& it is evident that the present Jyotilinga of Mahakal southfacing aghor shiva statue, that’s why Naga Sadhu’s (Followersof Pasupat branch) are offering Bhasam ashnan daily to him,since ancient times (according to the evidence of Kondilya itis 1500 years back) is being performed even today. The ritualof performing Bhasma ashnan to Mahakal can be carriedout only and only by Naga sadhu’s nobody else can do norshould it can be attempted. If attempted it will destroy thetradition and will hurt the sentiments of Hindu religion. Todayeven the Hindu devotees visit Mahakal to visualize the BhasmaAshnan of Maharaja Mahakal.

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Antiquity of Mahakal and Pasupat: By 1735 when Ujjainhas come under domination of Marathas at that time RanojiSchinde who was appointed by Peshwas, and has givencharge of Ujjain to Diwan Ramchandra this DiwanRamchandra had rebuilt the present Mahakal Temple, approx1235 Shamsuddin Alatmas had robbed and destroyed theMahakal Mandir. Restoration of Mahakal Temple wasexecuted by Raja Bhoj approx during 1010, state poet BanBhat of Harshvardan who ruled the state during 590-647 hasalso described about Mahakal & Pasupat in his poemHarshcharit & Kadambari. During the time of Vikramadityagreat Poet Kalidas has specifically mentioned Mahakal Templein his Poetry Raghuvansh and Meghdoot it is difficult tospecify the time of Kalidas, but at least 1650 years is prevalentin the past not less than that. Apart these description ofMahakal are found in Puranas and Tantra shastra also, buttime can be mentioned by Historians, we can’t. In book Heartof Jannisium written by Stevenson has also mentioned thatFounder of Jain religion Mahaveer also visited Ujjain andhas performed austerity, famous Mahakal Temple wasestablished in Ujjaini. What is the truth we can’t say but fromthe available scripts it can be mentioned that approx 2000years past existence of Mahakal Temple is evident becauseHistorian has predicted the time of composition and preachingof Pasupat 150 B.C to 1st A.D and there is indirect form ofdiscussion of Mahakal in Pasupat Sutra. Now briefly weshould view the ancientity of Pasupat. From 1295 to 1385 aperson named Acharya Madhav has mentioned briefly aboutNakulish Pasupat Sight to Shavya Sect in his book calledSarvya Darshan. In eight century Shankracharya hasspecifically discussed about Pashupat Sect in his Vedant Sutrachapter 2, fart 2, formula 37 which is an authentic book.This Formula of Vedant has clearly mentioned of Pasupat Sectby mentioning word Pati so the Pasupat is ancient the BrahamSutra and the time of composition of Vedant sutra is between4000 B.C to 450 B.C as described by historian in their ownway, so it is difficult to predict the exact time, approx 2000years back Pasupat Sect was fully established or it was’ inthe beginning shape this can be said.”

Preservation of Mahakaleshwar Linga:

4. This Court has primarily entertained the petition vide order dated5.5.2017 as it transpired that the idol of Lord Shiva in the form of Lingamis in danger due to various causes and it has deteriorated as such noticewas issued to ensure its preservation.

5. The appellant has filed an additional affidavit in the matter oferosion of Lingam. It has been pointed out that due to the erosion ofOmkareshwar Jyotirlingam, offerings have been banned. OmkareshwsarJyotirlingam is situated nearby Ujjain. In this regard, newspaper reportdated 15.11.2006 as to Mahakaleshwar Jyotirlingam has also been filed.

6. Following is the report dated 15.11.2006 published in thenewspaper UNI :

“Mahakal Jyotirlinga eroding:

Published: Wednesday, November 15, 2006, 11:40 [IST]

Indore, Nov 15 (UNI) ‘Jyotirlingam’ of Lord Mahakal at templetown Ujjain is gradually getting eroded. More than 30 squarecm scalp of the holy ‘lingam’ has come out with nearly 7-8mm thickness from the eastern side along with 3-4 similarcircular patches, having 2-2.5 cm diameter and 6.5 mm depth,just above the bigger patch. The entire holy ‘lingam’ is havinggeological scaling on the western side. Two vertical carvinghas raised concern that the ‘lingam’ will have enough chancesof splitting into three pieces in future.

Dr. Ram S Shrivastava, a known scientist closely observingthe holy lingam since 1953, is convinced that if due care wasnot taken then “we will have to cut a sorry figure in future.”He said the Mahakal was the oldest ‘Jyotirlingams’ out of 12‘Jyotirlingams’ in the country and the only one facing south.The Mahakal temple was destroyed by Sultan ShamsuddinIltutmish of Delhi in 1235 and it was later restored by theScindias in the 19th century.

There is a 5,000-year-old record available for worships. It isbelieved that the ‘Jyotirlingam’ was found inside the KotiTeerth Kunda in the Mahakal campus and the temple wasfirst constructed by King Vikramaditya. Dr. Shrivastava said A

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one of the reasons for erosion could be pouring of chlorinatedwater -nearly 25,000 litres a day -besides about 80 ‘pundits’from 16 Brahmin families massaging the lingam on rotationbasis using Bhat Shringar, Bhang Shirngar etc. Milk’ andother offerings could be accounted in tonnes. Almost everyvisitor touched the holy shrine and often rubbed and pressedit during prayers.”

7. Yet another report dated 7.7.2014 about banning of offerings ofsugar, ghee, milk, curd etc. in the temple at Ujjain has been placed onrecord. That management wanted experts to check erosion of Jyotirlingaof Mahakaleshwar Temple at Ujjain. Following is the report dated7.7.2014 :

“Mahakal management wants experts to check erosion ofjyotirlinga TNN | Jul 7, 2014 11.42 AM IST

UJJAlN: Mahakaleshwar temple administration has writtena letter to the commissioner of state archaeology departmentto send a team of experts to examine reported erosion intreasured stone jyotirlinga at the temple.

District collector and temple committee head BM Sharma toldnewspersons on Saturday that steps needed to prevent theerosion would follow the report and suggestions of expertsexpected to visit the temple shortly.

The issue of erosion of Shivling has been in news for over adecade, prompting the issuance of guidelines. But norms werenot implemented. .It has been reported several times that useof impure puja materials like sugar, ghee, milk, curd, andothers is causing erosion in two-and-half-feet high shivling.The administration even restricted the use of these materialsto 1.25 liter per devotee a few years ago, but it was notcontrolled and monitored. Similarly, a suggestion to establishkiosk of Sanchi milk in temple corridor to ensure pure milk,ghee to pilgrims, is gathering dust. The shops outside thetemple are selling sub-standard puja materials and devoteeshave no option but to buy them.

The shivling at Mahakal is much in height compared tojyotirlinga at Onkareshwar temple in Khandwa district andthe administration there a few months ago the restricted useof panchamruit material to avoid the erosion. Use of sugargranules is already banned in other Mangalnath temple in Uijain and devotees have been asked to use powdered sugar.”

Reasons for decay and conservation of heritage monument havealso been placed on record.

8. Later on, an application under Article 142 of the Constitution ofIndia has also been filed by the appellants for the issuance of appropriatedirections for the preservation of Lingam and prayer has also been madefor the appointment of Expert Committee.

9. Mahakaleshwar Jyotirlingam has so much importance forspiritual and other gains, there is a constitutional duty to protect it asenvisaged in Article 25, Art. 26 read with Article 49, at the same timethere is a fundamental duty under Article 51A of the Constitution topromote harmony and the spirit of common brotherhood as provided inArticle 51A and to value and preserve the rich heritage of our compositeculture. It is also the duty to strive towards excellence in all spheres ofindividual and collective activity as provided in Article 51A (a)-(j). Articles51A (a), (e), (f) and (j) are extracted hereunder:

“[51A. Fundamental Duties.-

It shall be the duty of every citizen of India- (a) to abide by the Constitution and respect its ideals andinstitutions, the National Flag and the National Anthem; (e) to promote harmony and the spirit of common brotherhoodamongst all the people of India transcending religious,linguistic and regional or sectional diversities; to renouncepractices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our compositeculture; (j) to strive towards excellence in all spheres of individualand collective activity so that the nation constantly rises tohigher levels of endeavour and achievement.”

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A10. In Ms. Aruna Roy & Ors. v. Union of India & Ors. (2002) 7SCC 368, this Court has considered the importance of moral values inreligions and it was observed that the religion is the foundation for thevalue-based survival of human beings in a civilized society. The forceand sanction behind civilized society depend on moral values. Religionshould not be misunderstood. The secular democracy requires whereBeven a very weak man hopes to prevail over a very strong man on thestrength of rule of law by proper understanding of duties towards thesociety. In Aruna Roy (supra) this Court has observed thus:

“30. Undisputedly, the aforesaid S.B. Chavan Committee’sreport was placed before Parliament for discussion. None canalso dispute that the past five decades have witnessed aconstant erosion of the essential social, moral and spiritualvalues and increase in cynicism at all levels. We are headingfor a materialistic society disregarding the entire value basedsocial system. None can also dispute that in a secular society,moral values are of utmost importance. A society where thereare no moral values, there would neither be social order norsecularism. Bereft of moral values secular society ordemocracy may not survive. As observed by the Committee,values are virtues in an individual and if these valuesdeteriorate, it will hasten or accelerate the breakdown of thefamily, society, and the nation as a whole. In a society wherethere is constant evaporation of social and moral values forgetting property, power or post, — is it not advisable to havea solid social foundation from the base level so that a grown-up person would fight against all kinds of fanaticism, ill-will,violence, dishonesty, corruption, and exploitation? Theanswer would obviously be — ‘yes.’

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31. Further, for controlling wild animal instinct in humanbeings and for having a civilized cultured society, it appearsthat religions have come into existence. Religion is thefoundation for value based survival of human beings in acivilized society. The force and sanction behind civilizedsociety depend upon moral values. The philosophy ofcoexistence and how to coexist is thought over by the saintsall over the world which is revealed by various philosophers.How to coexist, not only with human beings but all living G

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beings on the earth, maybe animals, vegetation and theenvironment including air and water, is thought over anddiscussed by saints and leaders all over the world which isreflected in religions. If that is taught, it cannot be objectedas it is neither violative of constitutional or legal rights nor itoffends moral values. This has been dealt with elaboratelyby the S.B. Chavan Committee. The Committee as stated abovehad invited suggestions from noted educationists on variousaspects of value-based education. As stated by the Committeeit had benefited by the views of eminent experts/NGOs doingpioneering work in this area. Further, no one can disputethat truth (satya), righteous conduct (dharma), peace (shanti),love (prem) and non-violence (ahimsa) are the core universalvalues accepted by all religions. The Committee has alsopointed out that religion is the most misused andmisunderstood concept. However, the process of making thestudents acquainted with the basics of all religions, the valuesinherited therein and also a comparative study of thephilosophy of all religions should begin; students have to bemade aware that the basic concept behind every religion iscommon, only the practices differ. If these recommendationsmade by the Parliamentary Committee are accepted by NCERTand are sought to be implemented, it cannot be stated that itsaction is arbitrary or unjustified.

32. Further, it appears to be a totally wrong presumptionand contention that knowledge of different religions wouldbring disharmony in the society. On the contrary, knowledgeof various religious philosophies is material for bringingcommunal harmony as ignorance breeds hatred because ofwrong notions, assumptions, preaching and propaganda bymisguided interested persons.”

11. There is a pious purpose of all the religious activities, no religionbreeds hatred. It is in order to bring harmony and to understand basichuman values and for self-realization and to visualize the concept ofequality pilgrimages by the various sections of people of various religions.Secularism is the basic structure of the Constitution that has to be giventhe meaning that is developing understanding and respect towards differentreligions. The essence of secularism is non-discrimination of people by AB

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Athe State on the basis of religious differences. In the Commissioner,Hindu Religious Endowments, Madras vs. Sri Lakshmindra ThirthaSwamiar of Sri Shirur Mutt [AIR 1954 SC 282], this Court hasconsidered the concept of religion under Article 25. It has been observedthat it secures to every person, subject to public order, health and morality,a freedom not only to entertain such religious belief, as may be approvedBof by his judgment and conscience but also to exhibit his belief in suchoutward acts as he thinks proper and to propagate or disseminate hisideas for the edification of others. This Court has observed that thequestion relating to the administration of properties belonging to a religiousgroup or institution are not matters of religion. Religion is a matter ofCfaith with individuals or communities. It is not necessarily theistic. In thesaid case it was observed that “there are well-known religions in Indialike Buddhism and Jainism which do not believe in God or in any IntelligentFirst Cause. A religion undoubtedly has its basis in a system of beliefs ordoctrines which are regarded by those who profess that religion asconducive to their spiritual well-being, but it would not be correct to sayDthat religion is nothing else but a doctrine or belief. A religion may notonly lay down a code of ethical rules for its followers to accept, it mightprescribe rituals and observances, ceremonies and modes of worshipwhich are regarded as integral parts of religion. The guarantee underour Constitution not only protects the freedom of religious opinion but itEprotects also acts done in pursuance of a religion and this is made clearby the use of the expression practice of religion.”

12. In Prafull Goradia v. Union of India [2011 2 SCC 568] thisCourt has observed that if Government is making small expendituresseparately for separate religions, therefore granting support to Haj pilgrimsFwas not violative of Article 14 or 15. This Court has observed thus:

“8. In our opinion Article 27 would be violated if a substantialpart of the entire income tax collected in India, or a substantialpart of the entire central excise or the customs duties or salestax, or a substantial part of any other tax collected in India,Gwere to be utilized for promotion or maintenance of anyparticular religion or religious denomination. In other words,suppose 25 % of the entire income tax collected in India wasutilized for promoting or maintaining any particular religionor religious denomination, that, in our opinion, would beviolative of Article 27 of the Constitution.

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10. In our opinion, if only a relatively small part of anytax collected is utilized for providing some conveniences orfacilities or concessions to any religious denomination, thatwould not be violative of Article 27 of the Constitution. It isonly when a substantial part of the tax is utilized for anyparticular religion that Article 27 would be violated.

14. Hence, in our opinion, there is no violation of Article27 of the Constitution. There is also no violation of Articles14 and 15 because facilities are also given, and expendituresincurred, by the Central and State Governments in India forother religions. Thus there is no discrimination.”

13. This Court in Transport & Dock Workers Union v. MumbaiPort Trust (2011) 2 SCC 575 has considered the essential spending ofthe government money on religions when it can be violative of Article 27and has laid down thus:

“10. Insofar as the provision of Section 9A of the IndustrialDisputes Act is concerned, it was submitted that since by thepolicy decision no change in relation to the personnel whowere working was intended to be brought about, there wasno question of giving any notice of change.

11. The learned Counsel appearing for the appellants reliedon the judgment of the Supreme Court in People’s Union forDemocratic Rights v. Union of India AIR 1982 SC 1473 tocontend that a writ petition by workers, when they claim anyviolation of fundamental right, is maintainable. The learnedcounsel also relied on the judgment of the Supreme Court inMoti Ram v. North East Frontier Railway AIR 1964 SC 600 toclaim that the respondent-Port could not have framed a policywhich violates the guarantee of Article 14 of the Constitution.

12. The learned counsel appearing for the appellants furtherrelied on the judgment of the Supreme Court the Olga Tellis v.Bombay Municipal Corporation AIR 1986 SC 180 to contendthat even if an undertaking is given, that undertaking doesnot stop the person who has given the undertaking fromasserting his fundamental right.

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13. The learned counsel for the respondents on the other handrelied on the judgments of the Supreme Court, in Ravi Paul v.Union of India 1995 (3) SCC 300, and M.P. State TextileCorporation Ltd. v. Mahendra 2005 (10) SCC 675, andsubmitted that in one establishment there can be employeeshaving separate duty hours.

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14. In our opinion, the writ petition filed by the appellantsshould have been dismissed by the High Court on the groundof existence of an alternative remedy under the IndustrialDisputes Act. It is well settled that writ jurisdiction isdiscretionary jurisdiction, and the discretion should notCordinarily be exercised if there is an alternative remedyavailable to the appellant. In this case there was a clearalternative remedy available to the appellants by raising anindustrial dispute and hence we fail to understand why theHigh Court entertained the writ petition. It seems to us thatDsome High Courts by adopting an over liberal approach areunnecessarily adding to their load of arrears instead ofobserving judicial discipline in following settled legalprinciples. However, we may also consider the case on merits.”

14. The Government spends a huge amount on Kumbh/SimhasthEMelas being organized at such places. Even otherwise, when there is alarge number of a gathering of persons every day and in particular duringmelas and other festival times, State has obligation to provide the basicamenities to the pilgrims. It is the bounden duty of the Government tomake proper arrangement to provide shelter places, for maintenance oflaw and order and to sanction the amount without fear of violation of theFconcept of secularism. Right to life includes mental and intellectual growthwhich is laid down in Shantistar Builders v. Narayan Khimalal Totame(1990) 1 SCC 520. In P.G. Gupta v. State of Gujarat & Ors. (1995)Supp 2 SCC 182, considering the International covenant on economic,social and cultural rights, food, clothing, and shelter have been held asGpart of Article 21.

15. There is a constitutional obligation to preserve the religiouspractices of all religions, culture and there is also a corresponding dutyto act in that direction. Similarly, such acts which are necessary for thepreservation of such historical monuments/deities. State is duty bound to H

spend the amount so that not only the archaeological, historical and ancientmonuments are preserved but sanctum sanctorum, as well as the deityotherwise no useful purpose would be served by spending so much amounton Simhastha/ Kumbh Melas in case deity, is itself permitted to bedeteriorated as it has happened at other places particularly nearbyOmkareshwar Jyotirlingam by offerings and rubbing it etc. hasdeteriorated and now barricades have been erected around the lingamand nobody is permitted to touch it. Same is true with respect to otherimportant temples of which reports have been filed. It is apparent fromthe reports published about Omkareshwar that the administration hadbanned offering of milk, ghee, water, curd and other traditional materialsto save the Jyotirlingam from further erosion. It is regrettable that wehave not been able to preserve and protect our Jyotirlingas of immenseimportance and there was a proposal to install new Lingam atOmkareshwar in place of original. In 2006, also there was a report oferosion of Mahakaleshwar Jyotirlingam at Ujjain and it was feared thatJyotirlingam owing to the two vertical carvings had enough chances ofsplitting into three pieces in future. On the strength of a report of knownscientist referred to therein, who had observed Jyotirlinga since 1953, inhis opinion, if due care was not taken we will have to cut a sorry figurein future. Mahakaleshwar is the oldest Jyotirlingam out of dwadash(twelve) Jyotirlingams in the country. The main cause of constant erosionof Lingam was water and other impure material.

16. News Report dated 7.7.2014 also reflects that Mahakaleshwartemple management wanted experts to check the erosion that was causedby impure puja materials like sugar, ghee, milk, and curd etc. It wasregretted that suggestion to establish kiosk of Sanchi milk in templecorridor to ensure pure milk, ghee etc. to pilgrims was gathering dust.Devotees have no option but to purchase sub-standard and adulteratedmaterials.

17. As per the report on famous ‘Mangalnath temple’ situated atUjjain itself, there special Puja and Abhishekam is performed for ‘MangalGrih Shanti’. The report indicates that District Administration has bannedoffering of sugar, vermilion as rubbing thereof was causing damage tothe Shivling. Use of sugar had been banned with immediate effect as itwas causing highest damage and use of other materials had also to belimited. Use of sub-standard and chemical contained vermilion andturmeric powder was also proposed to be checked and it was decided AB

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Athat herbal articles would be made available for pooja. It is regrettablethat in temple of such immense importance the deities are being destroyeddue to aforesaid impure materials of Puja which are being offered. Areport dated 12.5.2014 had been placed on record indicating a ban ontouching idol of Muktinath Lingam inside Muktinath Temple in Mustangdistrict of Nepal. It was also mentioned that the Government team wasBworking on a master plan for the development of Muktinath temple.Said temple is a holy place for Buddhists and Hindus.

18. There are other reports placed on record with respect to thedamage being caused to other important deities in the temple likeMahalaxmi Temple at Kolhapur and Bhoramdev Shivling at KavardhaCin State of Chhattisgarh. Report of erosion of Shivling at Trimbakeshwartemple in Nasik, Maharashtra. The report indicates that erosion is due touse of excessive use of water etc. We had initially called the suggestionsfrom Temple Committee itself for preservation of Linga.

INITIAL SUGGESTIONS OF TEMPLE COMMITTEED

19. In compliance of the order dated 5.5.2017 passed by this Courtthe Temple Committee has filed following suggestions:

“2. That in compliance of the same the committee sought areport from the Department of Geology, Vikram University,EUjjain, Prof. p.k. Verma, Professor of Applied Geologysubmitted the report. Hereto annexed and marked asANNEXURE R-1/3 is the true and correct copy of the reportdated 11.06.2017.

3. It is submitted that as per the report of Professor Vermadated 11.06.2017, the corrosion of Shivlinga is mainly due toFtouching of Shivlinga with a variety of impure puja materialincluding adulterated milk, curd, sugar, sugarcane juice,flowers etc during Abhishek or other special pooja whichare performed regularly, since time immemorial.

4. Though, as per the observation of Professor Verma, theprocess of chemical reaction is supposed to be of very lowintensity, practically negligible. The other constituents (otherthan silica) of the rock, however, are vulnerable to suchimpure/adulterated pooja materials. He had suggested thatthese chemical reaction & corrosion can be reduced by G

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5. avoiding usage of the impure or chemically adulterated poojamaterials over Shivlinga.

5. That keeping in view the suggestion made by ProfessorVerma and also with earnest desire of the temple committee toprotect any corrosion of Shivlinga, a special sub-committeewas constituted by the Collector, who also is the President ofthe committee to discuss issue of corrosion as well as to explorethe proposal and remedial measures for avoiding any furthercorrosion of Shivlinga. The sub-committee consisted of thefollowing 7 members.

1. Pt. Shri Anand Vyas, Archeologist2.Pt. Ghanshyam Sharma / Representative, Shri M.T.S., Ujjain3.Pt. Pradeep Sharma, Ex-Samiti member of Shri M.T.S., Ujjain4.Pt. Ashok Sharma – Purohit5.Shri Prakashendra Mathur, Archeologist6.Representative of Pollution Control Board7.Administrator, Shri Mahakaleshwar Mandir Samiti, Ujjain

6. The first meeting of the sub-committee took place on 13.06.2017where the Food Controller of the State Government also participated inthe said meeting. After a detailed discussion on the remedial measuresto protect the corrosion of Shivlinga the following remedial measureswere proposed by the committee :

S.No.SubjectSuggestion1.Consideration/discussion There is a tradition of on the milk to be offered Dugdhbhishek of Bhagwan to the God (Bhagwan)Mahakaleshwar. In this regard, it was suggested that high-quality milk may be used. There must not be any adulteration in the milk. Stringent rules may be made in this regard. For this be A

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662SUPREME COURT REPORTS

[2018] 4 S.C.R.

Apurpose, the Temple Committee (Mandir Samiti) may make arrangement for milk at its own level. For this Bpurpose, ‘Sanchi' can be used and in future, by upgrading Temple Gaushala more, the milk may be brought directly from the CGaushala to the temple and the milk imported from outside sources may be strictly prohibited.D2.Consideration/discussion The Panchamrut on the issue of Panchamrut ablution is done every Poojan (offering)day to God Shiva. In this regard, it was suggested that Panchamrut may be Eprepared by the Temple Committee/Samiti itself. For this purpose, it may provide high-quality milk and curd at its own level and may not Fdirectly mix sugar in the Panchamrut. For this purpose, sugar dust may be used. The quantity of Panchamrut, Gas already prescribed for 1 ¼ liter, may be complied with. Honey (Shahad) etc may be made available from the Gramodyog etc.

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3. Consideration / discussion On the shops on worship / offering situated outside materialsthe temple, the offering / worship articles are sold, Bviz. Abeer, Gulal, Kumkum (Saffron) etc. In this regard, it was suggested that the Mandir Samiti (Temple Committee) Cmay fix a shop or the Samiti may itself run a shop where pure worship materials may be available. DThe worship materials being sold presently in the outside area of the Temple may be prohibited/restricted Eimmediately.4.Discussion on ‘Jalpaatra’For Jalabhishek (water ablution) of Bhagwan Mahakaleshwar, the FJalpatra has been installed at the Jaldwar (Watergate). The said Jalpatra may be cleaned every day with hot water so Gthat the acid being gathered in the pipe etc may not be gathered/accrued.

A5.Consideration of the issue of Constant Jalabhishek constantly being big garland (water ablution) is done etc. on the ‘Jyotirling of to the Bhagwan Bhagwan (the God)'.Mahakaleshwar from 06 O’clock morning till B4.30 PM in the evening. For this purpose, a big garland etc may remain constantly on the ‘Jyotirling of Bhagwan’ so that water, milk etc. Cmay not fall directly on the Jyotirling.6Consideration of the issue of This suggestion was a test of water, milk, and received in the meeting Darticles etc.that the articles and materials from which the worship etc. of Bhagwan Mahakaleshwar is done Eevery day, all these may be tested once, from which this fact may be clear that which material is positive/suitable for the FJyotirling and which materially affects the Jyotirling negatively.

Hereto annexed and marked as ANNEXURE R-1/4 is the trueand correct copy of the minutes of the meeting datedG13.06.2017.

That the said proposal has been accepted by the committeefor implementation and the temple committee is accordinglytaking steps to protect the Shivlinga. The above proposal isaccording submitted before the Hon’ble Court.”

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shek done gwan from g till ning. a big main the wan’ etc. y on y.

REPORT BY PROF. PRAMOD K. VERMA DATED 11.06.2017

20. A Report by Prof. Pramod K. Verma dated 11.6.2017 hasalso been filed by the Committee in the form of Annexure R-1/3, whichis as under:

“JAI SHRI MAHAKAL

11[th] June 2017

This brief description comprises visual observation ofLord Mahakaleshwara Shiv Linga for its potential erosiondue to pooja offerings by devotees.

By an invitation from Mahakaleshwara Mandir Samiti, Ialong with Dr.Awadesh Bhatt visited the Lord MahakaleshwarTemple on 08th June 2017 at 2:00 pm for performing theabove task. For obvious reasons, it was possible to have anonly limited observation and thus, only torch and hand lenswas used.

The following observations were made: -

1. The Sacred Shiva Linga is approximately 2 feet in diameterand 2 feet in height.

2. The Shiva Linga is made up of Sandstone (looks verysimilar to Vindhya Sandstone which occurs in the nearbyareas).

3. The sandstone is of arenaceous in nature with the majorpercentage of quartz clasts of the size generally less than 2mm. The clasts are clearly visible through a hand lens.

4. The other clast material appears to be feldspar (orthoclase)giving the rock a typical pinkish colour.

5. The matrix is also of an almost similar composition.

6. The cementing material is mostly siliceous. However, a smallamount of calcareous/feldspathic (not distinguished by lensobservation) cementing materials is also present.

7. The cementing material other than siliceous matter is likelyto undergo dissolution when exposed to the acidicenvironment. As a result, there may develop tiny depressions (or pits) over the Shiva Linga.

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A8. The depressions or pits may occur when adulterated/impurepooja materials are offered over Shiva Linga duringAbhisheks. The corrosion, in the long run, may occur due totouching of Shiva Linga with a variety of impure poojamaterials including adulterated milk, curd, sugar, sugarcanejuice, flowers etc during Abhishek or other special poojaBwhich are performed regularly.

10. Once even a small pit is formed, these materials may getinto the rock and, may try to loosen the bonding by variouschemical processes.

11. As the rock is largely composed of a siliceous material,the process of chemical reaction is supposed to be of verylow intensity, practically negligible. The other constituents(other than silica) of the rock, however, are vulnerable tosuch impure/adulterated pooja materials.

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12. A more systematic and scientific investigation may beneeded to come to a firm conclusion.

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13. Nonetheless, at this stage, it is suggested that impure orchemically adulterat4ed pooja materials must be avoided byoffering over Shiva Linga.”

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21. The Minutes of the Meeting dated 13.6.2017 of the TempleCommittee have also been placed on record vide R-1/4. The relevantportion is extracted hereunder:

“SHRI MAHAKALESHWAR MANDIR SAMITI,UJJAIN

FMINUTES OF MEETING DATED 13.06.2017

Today a meeting was held in the Administrative office ofMahakaleshwar Temple under the Chairmanship of Shri S.S.Rawat, Administrator, and Joint Collector, with regard to asto how Lord Mahakaleshwar Jyotirlinga can be bestGprotected. The following members were present:-

1. Dr. Prakashendra MathurArcheologist2. Pt. Pradeep SharmaEx-Samiti Member3. Pt. Ashish SharmaRepresentative of Pujari4. Pt. Ashok SharmaPurohit H

5. Shri D.V. S. RawatPollution Department6. Shri Shailesh Kumar Gupta Food Controller A

A discussion was held by the members present at the meetingin respect of erosion in the Jyotirling and following suggestionswere proposed by the Committee:- S.N.SubjectSuggestionB1.Consideration/discussion on There is a tradition of the milk to be offered to the Dugdhbhishek of God (Bhagwan)Bhagwan Mahakaleshw ar. In this regard, it was suggested Cthat high-quality milk may be used. There must not be any adulteration in the milk. Stringent rules may be made in Dthis regard. For this purpose, the Temple Committee (M andir Samiti) may make arrangement for milk at its own level. For this Epurpose, ‘Sanchi' can be used and in future, by upgrading Temple Gaushala more, the milk may be brought directly Ffrom the Gaushala to the temple and the milk imported from outside sources may be strictly prohibited.G2.Consideration/discussion on The Panchamrut the issue of Panchamrut ablution is done every Poojan (offering)day to God Shiva. In this regard, it was suggested that Panchamrut may be H

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668SUPREME COURT REPORTS[2018] 4 S.C.R.Aprepared by the Temple Committee / Samit itself. For this purpose, it may provide high-quality milk and curd at its own level Band may not directly mix sugar in the Panchamrut. For this purpose, sugar dust may be used. The quantity of Panchamrut, as already Cprescribed for 1 ¼ liter, may be complied with. Honey (Shahad) etc may be made available from the Gramodyog etc. D3.Consideration/discussion on On the shops situated worship/offering materialsoutside the temple, the offering/worship articles suggestion in, viz. Abeer, Gulal, Kumkum (Saffron) etc. In this Eregard, it was suggested that the Mandir Samiti (Temple Committee) may fix a shop or the Samiti may itself run a shop where pure worship Fmaterials may be available. The worship materials being sold presently in the outside area of the Temple may be prohibited/ restricted Gimmediately.4.Discussion on ‘Jalpaatra’For Jalabhishek (water ablution) of Bhagwan Mahakaleshwar, the Jalpaatra has been H

[2018] 4 S.C.R.

mple tself. may milk level y mix the this may ty of ready liter, with. may from uated the ticles beer, mkum this ested amiti may amiti shop rship be rship sold tside may ricted water gwan the been

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installed at the Jaldwar (Watergate). The said Jalpatra may be cleaned every day with hot water so that the acid being Bgathered in the pipe etc. may not be gathered/ accrued.5.Consideration of the issue of Constant Jalabhishek constantly being Sandstone (water ablution) is done Cgarland etc on the ‘Jyotirling to the Bhagwan of Bhagwan (the God).Mahakaleshwar from 06 O’clock morning till 4.30 PM in the evening. For this purpose, a big garland etc may remain Dconstantly on the ‘Jyotirling of Bhagwan’ so that water, milk etc may not fall directly on the Jyotirling.E6.Consideration of the issue of This suggestion in the a test of water, milk, and meeting that the articles articles etc.and materials from which the worship Fetc of Bhagwan Mahakaleshwar crowd every day, all these may be tested once, from which this fact may be clear that which material Gis positive/suitable for the Jyotirling and which materially affects the Jyotirling negatively.

670SUPREME COURT REPORTS

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Sd/-

Administrator & Joint Collector

Shri Mahakaleshwar Mandir Samiti

Ujjain”

CONSTITUTION OF COMMITTEE OF ASI / GSI BY THISBCOURT

22. This Court vide order dated 25.8.2017 had constituted aCommittee of two officers of the Archaeological Survey of India andtwo officers of the Geological Survey of India to submit the report.Following is the relevant extract of the order:

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“A proposal has been submitted by Mr. Tushar Mehta,learned ASG for a constitution of an Expert Committee andto nominate the names of two officers of ArchaeologicalSurvey of India and two officers of Geological Survey of India.It is submitted by Mr. Mehta that the officers are experts inthe field.

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The Central Government suggests the following team :

1. For Archaeological 1. Shri Madan Singh Chauhan, Survey of IndiaRegional Director, (Archaeologist), ASI, Central Region, Bhopal2. Dr. V.K.Saxena, Director (Science), (Archaeological Chemist), ASI, Science Branch, Dehradun2.For Geological Survey 1. Shri Hemraj Suryavanshi, of IndiaDy. Director, General, State Unit, Madhya Pradesh, GSI, Bhopal.2. Shri L.L . Vishwakarma, Director, GSI, Bhopal E

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The Union of India shall bear the expenses of theCommittee so formed. The Committee to study/survey/ analyze/examine Mahakaleshwar Jyotirlingam of Ujjain (MP) and toprepare a report containing the rate at which the deterioration H

auhan, ector, entral rector ogical ranch, anshi, State GSI, arma,

in the size of Lingam is taking place, if any, and the measures/steps/ precautions to be taken to ensure that this deterioration/shrinkage of the Lingam stops. Let the Committee also studythe other structures and also the temple and submit what stepsare required to be taken to overall improve the entire premisesand for its preservation.

Let the Committee make a study and report seeing as howmuch deterioration of Lingam has taken place during the lastthree-four decades and what remedial steps have to beanother part.

Let the Committee submit a report be within a period offour weeks from today. A copy of the report as and whensubmitted be furnished to the learned counsel for the parties.We request the Administrator to extend fullest co-operation.

List the matter on Tuesday i.e. 03.10.2017.”

REPORT BY EXPERT COMMITTEE OF ASI/ GSI

23. Following is the report (excluding photographs) submitted bythe aforesaid Experts of ASI and GSI:

“REPORT

ON THE STUDY / SURVEY / ANALYSIS / EXAMINATIONOF MAHAKALESHWAR JYOTIRLlNGAM OF UJJAIN(MP)

BY :

1: Madan Singh Chauhan, Regional Director, A.S.I., CentralRegion, Bhopal 2: Dr. V.K. Saxena. Director (Science), A.S.I., Science, BranchDehradun 3: Hemraj Suryavanshi, Dy. Director General, GSI, Bhopal 4: L.L. Vishwakarma, Director (G.S.I.), Bhopal ABOUT THE REPORT

This report is being submitted to the Additional Solicitor Generalof India by the Committee Members of Archaeological Survey ofIndia (ASI) and Geological Survey of India. Conservation status A

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and the causes of decay/deterioration of the Jyotirlinga in generalon the basis of his knowledge of the subject and experience in thefield.

The report is divided into 4 (Four) Chapters.

1st Chapter of the report deals with the archaeological and religiousBsignificance of the Mahakal temple and need for its propermaintenance and restoration made by Madan Singh Chauhan,Regional Director, ASI, Central Region, Bhopal.

2nd Chapter of the report deals with the general observationsmade by Dr. V. K. Saxena, Director (Science), ASI with respectto the overall decay/deterioration of the Jyotirlinga on the basis ofhis knowledge of the subject and experience in the field.

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3rd Chapter deals with the Geo-scientific study of the Shivalingamade by Hemraj Suryavanshi Dy. Director General and L.L.Vishvakarma, Director, Geological Survey of India, Bhopal.

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4th Chapter deals with the suggestions and recommendations andremedial measures.

CONTENTS

CHAPTER· I

E1: -RELIGIOUS AND ARCHAEOLOGICALSIGNIFICANCE OF UJJAIN AND MAHAKAL TEMPLE

1.1: Introduction

1.2: Religious and historical significance F

1.3: Prevalence of tangible and intangible heritage in Ujjain 1.4: Archaeological evidence 1.5: Mahakal temple and premise 1.6: Condition of garbhagriha and shivalinga G

1.7 A:- Shivalinga, modification, and effect B:-Morning worship and material used in the worship 1.8: Maintenance and restoration of temple premise and activities H

CHAPTER - II

2: NATURAL (PHYSICO~CHEMICAL) WEATHERINGOF STONE WITH REFERENCE TO MAHAKALJYOTIRLlNGA

2.1 General Chemical Characteristics of Some of the OfferingsUsed During Rituals:

o Milk

o Dahi or curd

o Homemade deshi Ghee

o Honey

o Sugar products

o Sandal or Chandan

o Bhang (Cannabis)

o Abir or Gulal

o Kanku or Kumkum

o Fruit juices

o Bhasm/ Ashes of cow dunks cake

o Oil lamps, Dhoop or incense sticks

2.2. Natural Weathering of sandstone

A: Water - A major cause of the decay of stone

B: Biological decay or Biodeterioration of stone 2.3. Examination of the Mahakal Jyotirlinga and Garbhgriha A: General Observation of the Jyotirlinga B: Drainage facilities for the disposal of the liquids and solids C: Electrical fittings 2.4. -Other Observations A

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ACHAPTER -IIIGEO-SCIENTIFIC STUDY OF JYOTIRLINGAMMAHAKALESHWER, UJJAIN

3.1 Introduction

3.2 Observation and studies of Jyotirlingam B

3.2.1 Visual observation

3.2.2 Studies based instrument

3.2.2(a) Spectral studies by Spectroradiometer 3.2.2(b) Portable XRF studies C

3.3 Water analysis by portable water analysis kit and ICP-MSInstruments 3.3.1 Ash analysis 3.4 Discussion and interpretation D

3.4.1 Extent of weathering

3.4.2 Causative factor

3.4.3 Weathering through ages

CHAPTER- IVE

A: SUGGESTIONS AND RECOMMENDATIONS

B: REMEDIAL MEASURES

DETAILS OF ANNEXURES

I. Worship schedule and offering material of Jyotirlingam,Mahakaleshwer Temple, Ujjain F

II. Spectroscopy study of Jyotirlingam of Mahakaleshwer temple,Madhya Pradesh, XRF Study of Jyotirlingam of MahakaleshwerTemple, Ujjain G

III(a) Approximate chemical analysis of Lingam rock by portableXRF instrument IV(a) Chemical analysis of water samples from Mahakaleshwertemple premises, Ujjain

(b) Trace element analysis in water samples from Mahakaleshwerpremises Ujjain IV(c) Chemical analysis of bhashma offered to Jyotirlingam: andash samples from Mahakal temple 1.1 INTRODUCTION:On the direction of the AdditionalSolicitor General of India, the Director General, ArchaeologicalSurvey of India, in his office letter no. 33/BO/2017-M dated24.8.2017 recommended names of undersigned for the Committeeto assess the deterioration of Shivalinga of Mahakal Temple atUjjain and to prepare a report containing the rate at which thedeterioration in the size of Lingam is taking place during lost three-four decades, if any, and the measures/steps/precautions to betaken to ensure this deterioration/ shrinkage of the Lingam stops.Beside that to study the other structures and also the temple andsubmit what steps are required to be taken to the overallimprovement of the entire premise and for its preservation. Inpursuance of the direction, the temple known as Mahakal orMahakaleshwar at Ujjain was inspected by the CommitteeMembers jointly on 7.9.2017.

Before putting the observation on the assessment of theShivalinga and temple of Mahakal and other subsidiary shrinesinside the premise it was felt inevitable by the committee to highlightits Archaeological, Historical and religious significance so that, onthat perspective, an assessment could be made.

In Ujjain, Mahakal temple is located in the west of the cityon the bank of River Kshipra in ancient time that area was knownas Mahakala Vana (Mahakal forest). It is 192 km west of capitalcity Bhopal and takes around three hours by road journey fromBhopal to reach here.

Mahakal temple is one of the most venerated temples knownby this name and one of the twelve famous Jyotirlingas shrines ofthe country.

1.2 RELIGIOUS AND HISTORICAL SIGNIFICANCE

The grandiose of Mahakal and Ujjain / Avanti occurs equally inthe ancient texts of Brahmanical, Buddhist and Jaina sects. Avantihas been referred as country and Ujjain as its capital in the ancient A

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texts. The first name of “Avanti “is liter in the Yajurveda for themeaning of protection. It is said that Ujjain was also named asAvanti and this name is nomenclatured after the name of Avanti:a son of Kartaviryaarjuna of Mahishamati kingdom. In Meghadutof Kalidasa, Abhidhanchintamani and in Naradapurana it wastermed as Avantika, Avantikapuri, Avantinagari or Avantikapur,Vishala, Pushkarandini, Nandini, Amravati, Kanakashringa,Kushasthali, Padmavati, Kumudvati, and Pratikalpa. It is believed,existed in six kalpas and in each Kalpa it was called asSwarnashringa, Kushasthali, Avantika, Amravati, Chudamoni, andPadmawati. In kathasaritsagara, it is mentioned that Ujjain wascalled in four names in four yugas like Padmavati Bhogawati,Hiranyawati, and Ujaini. In Kuvalayamala its name is referred asKushal Nagari.

It is said that during the churning of the sea by the gods anddemons then begun the wild scramble for immortality with thedemons chasing the gods across the skies and in the process, afew drops of nectar were split and fell at Hardwar, Prayag, Nasik,and Ujjain.

There are different meanings of “Ujjain’ and ‘Ujhain”. Itmeans protection, a tradition wherein people worshipped Indrafor rain, in Gujarati and Prakrit it means a picnic, in Sanskrit, it iscalled as udyan or garden. In the north Himalayan region, it meansattempt for any special task while in the Malwa tradition this wordis called when people worship Lord Indra by keeping fast forrain.

ln Pali language it is called Ujani, in Prakrit Ujaiyani, Ptolemyreferred it as Ozen, Huen-Tsang calls it Ujayana, Arab geographerreferred it as Ujjhen and in the coins, name occurred as Ujani. Inthe Mrichchakatika play of Sudraka of 5th century AD, Ujjainwas inhabited by various communities viz. Shakas, Tushars, Greeks,Persians, Magadha, Kirata, Kalinga, Bongo, Mahishak, Chole,Pandya, trader of Kerala and several prostitutes.

In the Skandapurana there are references to seven seas orSaptasagaras mentioned as Pushkar Sagara, Kshira Sagara,Goverdhan Sagara. Rantnakar Sagara, Vishnu Sagara,Purishottama Sagara and Rudra Sagara. The Rudra Sagara is mentioned in the Mahakal Vana (nearby the Mahakal temple).As a religious city, Ujjain occupied the same place as of theBenaras, Goya, Mayapuri, and Kanchipuram. By the 6th centuryBC, Avanti with its capital at Ujjain is mentioned in Buddhistliterature as one of the four great powers along with Vatsa, Kosala,and Magadha. Ujjain locates on the ancient trade route whichconnected north India to the south via Mathura- Ujjain-Mahishmati- Paithan and then to western Asia. Periplus gave theaccounts of Ujjain referred by him as Ozene is to the east ofBarygaza (Broach) which fed all commodities of the trade likeonyx, porcelain, fine muslins. mellow coloured muslins and cotton,spikenard and costusbodellium. In the Udaipur, prashasti mentionsVakati I of Paramara dynasty as the king of Avanti and they aresaid to form their capital at Mahakala vana at present Ujjain. TheMahipal and his kalachuri confederate Bhamana deva are said tohave conquered the territory up to banks of Narmada includingUjjain and Dhar. The downfall of this wealthy city begun in 1234with the invasion of IItutamish of Slave dynasty of Delhi whoalong with the, also dismantled Mahakafa temple and in search oftreasure he dismantled Shivalinga from the jaladhari or pithikaand thrown into kotitirtha and picked up golden idols including idolof Vikramaditya and brought to Delhi.

During the time of Mughal king Akbar, a city wall wasconstructed around the city for the defense of Ujjainisand NandiDarwaja, Kaliadeh Darwaja, Sati Darwaja, Dewas darwaja andIndore darwaja were the various entrances to the city.

In 1658 a battle took place near Ujjain in which Aurangzeband Murad defeated Maharaja Jaswant Singh of Jodhpur whowas fighting on behalf of Prince Dara.

Thereafter Sawai Jai Singh was made governor of Malva byMuhammad Shah who built an observatory and several othertemples over there. In the 17th century, this region of Malwacame under the sway of Maratha who constructed numbers oftemples in Ujjain and modern Ujjain came into existence. Duringthis period the artists especially painters of Poona and Kangrastyles flourished their art in the structures of Ujjain and distinctivewooden carving on the balconies and galleries were decorated in ABCD

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Ujjain. Thereafter this legendary city of Ujjain came under thecontrol of Scindias from 1750- 1810. Ramoji Scindia was powerfulSardar of Maratha who made Ujjain the capital of Malwa. Heremained always busy in the wars hence his diwan Ramachandrababa look after the affairs of Ramoji Scindia. On the informationsupplied by the local brahmins regarding dumping of Shivalingainto the kotitirtha by Iltutamisha, Ramachandra baba exposed thatShivalinga and installed inside the main place and constructedtemple over the original place. Thus present temple is of Marathaperiod. In 1810 Doulat Rao Scindia shifted his capital at Gwaliorand subsequently, Ujjain lost its commercial importance.

1.3 PREVALENCE OF TANGIBLE AND INTANGIBLEHERITAGE IN UJJAIN

As stated above that Ujjain is a very ancient city of great religiousand heritage significance even today there are numbers of templeswith living tradition existing over here preserving both tangibleand intangible heritage of the country. Apart from the Mahakaltemple, other known temples in Ujjain are 84 temples dedicatedto Lord Shiva in different names as below; 1: Augusteshwara Mahadev, 2: Gurihshwar Mahadev, 3: Dudeshwar Mahadev,4: Damrukeshwar Mahadev,5: Anadikalpeshwor Mahodev,6: Swaranjaleshwar Mahadev,7: Tivisthpeshwar Mahadev,8: Kapaleshwar Mahdev, 9: Swargdwareshwar Mahadev,10: Karkotakeshwar Mahadev, 11: Siddheshwar Mahadev, 12: Lokapaleshwar Mahadev, 13: Kameshwar Mahadev,

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41: Lumpeshwara Mahadev,42: Gangaeshwara Mahadev,43: Angarkeshwar Mahadev.44: Utaareshwar Mahadev,45: Trilochaneshwara Mahadev,46: Veereshwara Mahadev,47: Nripeshwara Mahadev,48: Abhayeshwara Mahadev,49: Prithukeshwara Mahadev,50: Sthavareshwara Mahadev,51: Shooleshwara Mahadev,52: Onkareshwara Mahadev,53: Shree Vishveshwara Mahadev,54: Kanheshwara Mahadev,55: Singheshwara Mahadev,56: Revanteshwora Mahadev,57: Ghanteshwara Mahadev,58: Prayageshwara Mahadev,59: Siddheshwara Mahadev,60: Matangeshwara Mahadev,61: Soubhageshwara Mahadev,62: Rupeshara Mahadev,63: Sahastradhanukeshwara Mahadev,64: Pashupateshwara Mahadev,65: Brahameshwara Mahadev,66: Jalpeshwara Mahadev,67: Kedareshwara Mahadev, [2018] 4 S.C.R.

68: Pishachamukteshwara Mahadev,69: Sangameswar Mohadev,70: Dudhareshwar Mahadev,71: Yogeshwar Mahadev.72: Chandradityayeshwara Mahadev,73: Karbheshwar Mahadev,74: Rajsthaleshwar Mahadev,75: Badleshwar Mahadev, 76: Aruneshwar Mahadev, 77: Pushpadanteshwara Mahadev, 78: Abhimukteshwara Mahadev, 79: Hanumanteshwara Mahadev, 80: Swapneshwara Mahadev, 81: Pingleshwara Mahadev, 82: Kayavarohaneshwar Mahadev, 83: Bitkeshwar Mahadev, Durdureshwar Mahadev.

These Mahadeva’s temples are in the Ujjain city itself whileout of eighty-four the temples of four are within the same premiseof the Mahakaleshwara temple. These are AnadikalpeshwaraMahadev, Thrivisthapreshwara Mahadev, ChandradityeshwaraMahadev, and Swapneshwara Mahadev.

Besides Shiva temples in the city, there are nine templesdedicated to lord Vishnu known by “Nau Narayana” (nineNarayana) are; 1: Ananta Narayana, 2: Satya Narayana, 3:Purushottama Narayana, 4: Adi Narayana 5: Shesha Narayana,6: Padma Narayana, 7: Laxmi Narayana, 8: Badri Narayana, 9:Chaturbhuja Narayana.

Other religious and heritage places are Avanti devi temple,Bade Ganesh temple, Harsiddhi Shakti Peeth, Ramghat, DattaAkhada, Chaubis Khamba, Gopal Temple, Yogeshwar tekri (Tope),Nagar kot Maharani temple, Chaunsath Yogini, Sandipani Ashram, A

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Mangalnath, Angareshwor, Ramajanardan temple, Chitraguptatemple, Gada Kalika temple, Vindhyavasini temple, Tomb ofMatsyanath, Bhrutahari cave, Kalbhairava temple, Siddhvatta,Kaliadehmahal, Ashtachiranjivi, Rinmukteshwar, Aagyabetal, VeerDurgadas ki chhatri, Vedshala, Chintamani Ganesha, Novagrihatemple, Iskon temple, Ramanujakot, and Archaeological Museum.

1.4 ARCHAEOLOGICAL EVIDENCE:

The site of ancient Ujjain is not however identical with themodern city of Ujjain. As the time passed, the so-called Mahakalvana converted into a populous city while the ancient city is nowa desolate waste and known as Garh which is situated at thenorth of the modern city of Ujjain and converted into a tabled landof about 9 - 15 m above the adjoining plain.

The excavation carried out in the pre-independent era andafter was done in a different location nearby the city. In the firstexcavation of the site in Ujjain in 1938-39 Garde, its archaeologicalpotentiality was proved by the findings of a large miscellany ofcoins, terracotta, beads, and pottery etc. after that furtherexcavation was carried out in vaishya tekri, kumhar tekri andpallevali or kankar tekri where excavation yielded brick stupas.In the Kumahar tekri, other antiquities were also recovered datedof 1st century BC. Thereafter further excavation was carried outin 1955-58 and 1964-65.

In 1955 - 58, Site of excavation was chosen at Garh Kalikamound where significant result was found in; period I; 750 to 500BC; black and red ware, bright- redware, double slipware andfew sherds of PGW and remains of rampart and remains of mudbrick fortification of about 74.67 to 197 m wide enclosed by moat,evidence of road of 7.32 m wide, other objects of iron which maygo back about 1000 BC. In period 11, NBPW with the associationof thick grey ware and unslipped redware remains of structuremade of mud, mud brick and stone rubble, ring wells, punch markcoins and ivory seal bearing inscription dated 2nd century BCwas obtained. In period III, evidence included antiquities andremains dated in three phases i.e. from Sunga, Satvahana,Kushana, and Gupta period (200 BC-SOO AD). From late Guptato early Parmara period (500AD- 900 AD) and from Parmara to Muslim (900 - 1300 AD). In the period IV, apart from otherantiquities coins of Aurangazeb, Shah Alam, Daulat Rao Scindiaand Jankoji Rao Scindia were recovered.

In 1964- 65 excavations a small structure of limestone basinwas found associated with NBP.

1.5 MAHAKAL TEMPLE AND PREMISE: There are total142 small and large temples including Mahakal temple inside thetemple premise, of them, some are raised independently on thefloor of the premise and some attached in the niches and cells ofthe main and other temples but all are counted and veneratedseparately. At the south-west of the Mahakal temple hasAnadikalpeshwar Mahadev temple on a slightly raised platformnow converted into a new construction in red stone flooring allaround the temple and steps at the north side for reaching to thetemple. This temple also faces east and consists of a Nandimandapa, saonotnorciooa, mandapa, and garbhagriha. Garbhgrihaenshrines a Shivalinga within jaladhari. The garbhagriha, mandapa,and pillars of sabhamandapa and Nandi mandal appear old whilethe roof of the latter two are new constructions and painted inpink colour.

On the right of the Anadikalpeshwar temple hasBriddhakaleshwar temple on the same level of floor as the formerlaid in red stone flooring like Anadikalpeshwar, this temple is alsorepaired with unmatched paintings on the roof of main shikharaand mandapa, while on the walls of mandapa, new stones areadded in between the pillars to cover the mandapa.

Just backside of the Briddhakaleshwar temple is a small shrineconstructed only to enshrine an old sculpture of Lord Vishnu whichis now in a poor state of preservation as a thick patina of oil andother offering material has been developed over this image.

On the east side of the Anadikalpeshwar and Briddhakaleshwartemples are other shrines of various dimensions dedicated todifferent deities. All these are painted in pink and red colors. Theyall are raised on the different level of the floor covered in redstone flooring. All the shrines are more or less modified with marble,red stone, and modern tile flooring and paintings of many different A

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colors especially at the inner sides of the shrines. In some of thetemples like Balavijaya Maruti temple whole interior and exteriorhas been changed with modern tiles used on the floor and walls.

On the west side of the Mahakal temple is kotitirtha (ancientpond) surrounded by the modern structures and dharamshalas atnorth, west and south sides. In between the kotitirtha and structures,there is a sufficient space developed with stone steps all aroundfor leading to the kotitirtha. Besides that, numbers of miniatureshrines raised in four pillars and topped by round dome like shikharaenshrining each with Shivalinga, are built around the pond indicatingof kotitirtha (innumerable pilgrimage).

Beside that numbers of small shrines are raised at the frontside (east-north) of the main temple in varying sizes anddimensions.

The garbhagriha (sanctum) of Mahakal appears basically acave enshrined with Shivalinga. It is quite deep below the groundlevel. There is no physical evidence available there about theconstruction of original temple, but as of now, the temple existingover the main sanctum is of very late period probably of Marathaperiod (18th century AD) wherein some of the traits of bhumijastyle of Parmara period appears adopted in the walls and shikharaof the shrine. Therefore, it can be inferenced that prior to thistemple of Maratha period, here was the temple in the Bhumijastyle of which traits were adopted in the present temple.

Over the sanctum, Mahakal temple faces east, supported bytotal 48 pillars arranged in 7 rows but when sanctum, where themain Jyotirlingam enshrines, is entered, it can be reached fromtwo the narrow passages from east and west sides through twodoorframes on the south and the north sides. The general public isallowed to enter through north side doorframe while southdoorframe has been used by the staff and VIPs for entering intothe garbhagriha (sanctum). The south side doorframe iscomposed of three shakhas and is approached by a flight of stepsdown to the ground floor whence another doorframe of plain designopens at south into the garbhgriha.

On the north side, doorframe, plain in design, has cladded insilver metal and ornamented in religious figurines, symbols andcanopied by snake at the fintel.

In the premise, Mahakal temple occupies a central place.Besides that, there are about 142 other temples in small and largesize constructed within the premise. Of them Briddhakaleshwarand Anadikalpeshwar temples are considerably larger and almostcorresponding in core style and both locates at south of the Mahakaltemple, other dedicated to Sakhshigopal, Veerbhadra Mahadev,Ichcha Ganesh, Mangalnath Avantikadevi, Koteshwar Mahadev,Rakeshwar Mahadev, Suryamukhi Hanuman, Balahanuman,Bhadrakali, Siddha tantra, Ram mandi, Narsimha,Nilakantheshwar, Kashivishvanath, Annapurna Devi, Gayatridevi,vitthalnath ere are small. Mahakal temple is constructed in threefloors above the ground floor. Each floor at the front is providedby a portico supported with pillars.

The underground floor is dedicated to the Mahakal whereingarbhagriha enshrines a shivalinga, ground floor to Omkareshwarwherein another small shivaling enshrines, the first floor has acell, and second consists of a sanctum with Shivallinga, also asculpture of Nagchandreshwar is placed inside a niche on thenorth wall of the 2nd floor and covered by a glass window.

On the south side at the ground floor, a doorframe opens intonarrow steps leading to the 1st and 2nd floors which appear notfor general public but only for pujaris for worshippingNagchandreshwar. It appears that prior to Maratha period wholetemple might have constructed in parmara style and when fallenit was probably attempted to restore in the same style but couldnot be adopted in ditto, therefore, a new Pushpa had evolved witha blend of Parmara - Maratha style. Architecturally, the templecan be classified into three broad part from below to top consistingof vedibandha, jangha, and shikhara. From the ground, eachprojection raises equally up to the jangha and then to the topwhere it terminates into a large finial. On the ground floor, there iseach portico provided on the north, west and south sides to enterthe sanctum of this floor by doorframe of plain design. There isno extraordinary decoration on the outer walls except moldings atlower walls and miniature shrines at the shikhara. At the ground A

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level whole temple has been supported with 48 pillars on frontside and pilasters on the corners of the walls.

1.6: - CONDITION OF GARBHAGRIHA ANDJYOTIRLINGA/ SHIVLINGA/ LINGAM

In the ground floor, the garbhogriho of Mahakal is almost asquare cell measuring 4.16 x 4.16 m enshrining with a Shivalingawithin jaladhari with silver encasing measuring a length of 2.08 mand dia in 1.27 m. Generally, the mouth of jaladhari opens into thenorth side but here it opens at the east direction.

The inner walls and ceiling of the sanctum are cladded withthe silver sheets and decorated with different religious symbolsand images and niches on the east, west and north walls areprovided and enshrined with a metal sculpture of Kartikeya,Ganesha, and Goddess Parvati respectively and they are infolkish style. In 1996 these sculptures made of silver were placedinside the niches which earlier were in marble stones.

A silver sheet embossed with tracery has been provided onwalls of the garbhgriha in 2016. The walls are tracered in twoparts; the lower half with the motifs of (+) design while upperwith the motifs of Pushpa, Kalasha, trishula, swasthik,ardhachandra, shankha, dhanusha-Bana, gada, kamandal,Nandi, chimta, swastika dwaja, Simha and such many otherreligious symbols.

The ceiling has been interestingly incised with Rudrayantra of271 distichs. We were informed by the local Pujaris that this silverceiling has been provided in 1996 when earlier ceiling which wasof silver plaque inlayed with stones, were fallen. The yantra wasrecreated in the same style as it was in original and installed in thesilver sheet and fixed slightly upward than the earlier one.

There are two silver lamp-stands (deepdaan) inside thegarbhagriha on either side of the Shivalinga which originally areof stone but encased in brass. In 1994 brass encasing of bothwere replaced with silver cladding.

1.7 A: -SHIVALINGA, MODIFICATION, AND EFFECT

Shivalinga/ Jyotirlinga of Mahakal is considered as sthavara orAchala and Swayambhulinga or Uttamottamalinga (most superior linga). In the kamikagama, Swayambhulinga is describedas one which rose up and came into existence by itself and hadexisted from time immemorial. As such even if such type of lingais slightly damaged they need no jirnodhwaro (re- setting up).

In the garbhagriha sandstone shivaling is directly rose atthe center and within the jaladhari (Saluka) facing east. It is67.5 cms in height and 42.97 cms India within the jaladhari of127 cms India and 208 cms in length. In 28.12.1924 portion ofJalandhari of silver which cost 12 and was stolen from the maintemple, another jaladhari of silver were installed in 20.9.1925along with a brass parapet (Katra) around the shivalinga. In 1994again brass parapet donated by the devotee was replaced withsilver. There is no brahamasutra line found on the east surface ofthe shivalinga rather in place of it, two semi-round lines at thebottom are, in such a way that one line comes within the other.This sort of line appears natural not by the man-made. On thesame side, the depressions have occurred on the bottom and lowerside. On the west surface of shivalinga, depressions are noticedat the bottom and lower side while on the upper side they areleast. On the north side, there is no depression noticed. On thesouth side. whence devotees can have a view the Shivalinga fromthe hall, there is no such depression noticed except a round delveon the bottom occurred due to chipped off.

There is a tradition of six-time worships performed in a dayinside the garbhogriha and it is called as Bhasma Arti, Datyodak,Bhoga Arti, sandhya pooja, sandhya arti and shayana arti. Theseworships the starting from early morning to night between 4-6am, 7 - 7:45 am, 10 - 10:45 am, 5 - 5:45 pm, 7 - 7:45 pm and 10-10:45 pm respectively. The main ingredients offered in the poojaare water, milk, curd, honey, ghee and sugar, liquid perfume, apest of sandalwood, pest of cannabis and flowers. In the firstmorning pooja apart from these, the ash of dry cow-dung hassprinkled over the shivalinga at the last.

There are 37 families of Brahmins of Ujjain who are responsiblefor conducting pooja in the temple in a traditionally scheduled timeand for each pooja, at least 3 to 5 Poojaris are deployed at a timeand in special occasion more are deployed.

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AB: - MORNING WORSHIP AND MATERIAL USED INTHE WORSHIP

A group of Brahmins attends the Mahakal pooja at morninghour wherein at least five Brahmins take part. Morning worshipof Lord Mahakal is very interesting. It starts at around 4 am dailyand for that devotees remains in the queue since early midnightso that they could have a view of the god and pour a lota of waterover the Shivalinga.

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At the beginning every devotee pours water over Shivalingaone by one and then worship starts with chanting of mantras andoffering of doodh (milk), shakkor (sugar), dahi (curd), shahad(honey), panchamrita (mixture of five], gangajal and at last itra(liquid perfume) over the linga (liquid perfume) over the linga.After offering of all these stuff, shivalinga is cleaned by the waterthen process of decoration begins followed by putting handful pileof cooked rice on the top of the shivalinga then three garlands oneby one around the pile, preparing of forehead by using pest ofsandalwood, then pundarika, eyes, nose, lips etc. The eyes aredecorated by putting silver pieces and lips by Vermilion, thus aface of Shiva is prepared towards the south side of linga whenceit can be viewed by devotees seating at the south side hall. Atleast five Brahmins attend the pooja of them one does thisornamentation, other perform other activities like giving articles(samagri) to him, cleaning and bringing other parts of the sanctumand providing other articles of worship (pooja samagris) into thegarbhagriha. After completing decoration, a garment is worn overthe Shivalinga in such a way that top and sides the while faceremains open. Then kundala, kapalamala made of silver are wornfollowed by a chhatra, over the Shivalinga, made of same metal.After that worship begins by offering dhoop with a dhoopadanmade of silver. After that Shivalinga is covered by a garment andone of the Pujari made an announcement that lady devotee mayavoid to see the Shivalinga now, because they were going to pourdry ash of cow dung (bhasma) over the Shivalinga. , is a kind ofindication of digamber (nude) form of Shiva that’s why ladydevotees are called to veil. By doing so poojari takes a bale of ashin his right hand and sprinkles over the Shivalinga till it is finishedand for that, it takes around five to seven minutes while the wholeprocess of pooja takes more than one and half hour to finish.

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At last, Shivalinga is cleared from the articles offered overthe linga and ornamentation and one by one Arti added earlier fordecoration is removed and it is cleaned again by the plain water.Thereafter group of ladies of the city enter the garbhagriha tooffer milk over the lingo followed by other devotes, thus the orderof coming devotees and pouring milk over the redware beginswhole day except the pooja hours as referred above. In the poojaof 5 pm, the decoration of the lingo is again done almost in thesame pattern as stated above while in the rest four pooja at 7 am,10 am, 7 pm and 10 pm decoration is not done.

As per the information provided by the temple poojari theoffering material used in the morning pooja includes; milk (5 litre)curd (1 kg), ghee (1 kg), honey (1 kg), sugar (250 grams),sandalwood paste (100 grams), cannabis (100 grams), liquidperfume, abeer (100 gram), gulaal (100 grams), kanku (100 grams),rice (250 grams), garland (5 nos), flowers (1 kg), vilvapatra (1008nos), gangajal, gulabjal, juice of fruits (5 kg), coconut water (1litre) and juice of sugarcane (litre). For the decoration of lingocannabis (1 kg), cashew nut (250 gram), almond (250 grams),pistachios (250 grams) and chooroli (250 grams).

1.8 MAINTENANCE AND RESTORATION OF TEMPLEPREMISE AND ACTIVITIES

1.8 MAINTENANCE AND RESTORATION OF TEMPLEPREMISE AND ACTIVITIES

As stated above, in the temple premise has numbers of smalland large temples corresponding to more or less in architecture toeach other. But except main temple and walls of Briddhakaleshwarand Anadikalpeshwar temples, rest of the shrines are reflected asmodern temples due to modification, crappy restoration andpaintings are done in white, cream and red colours.

At the interior of the main temple, silver cladding in thegarbhagriha, tiles in the walls of the passage leading togarbhagriha, tiles in the walls of cells and niches, tiles on thefirst and second floors have been provided. In the Anadikalpeshwartemple, the roof of the sabhamandapa and mandapa are altered.In the Anadikalpeshwar temple, the roof and walls of the mandapahave been replaced with new one. In the Balavijay Hanumantemple whole the interior and exterior walls and roof of the templehas been replaced with modern vitrified tiles and painting and AB

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pillars, arches of outer courtyard and ceilings with oil paintings.The floor of the premise is constructed in red flog stones andlevel of the floor of each temple arranged with steps. Besidesthat, some new constructions have been also constructed betweenthe old temples and some are still going on in the premise.

Apart from the daily worship in the temple, there are otheractivities being carried out and looked after by the MahakaleshwarTemple Management Committee. These activities are:

A: Daily cleaning of the temple premise, gaushala, Vedicsamsthan, Vikram Kirti Mandir, rasoi of the temple andsurrounding area of the temple premise. Cleaning is done byoutsourcing.

B: Rasoi is maintained by the committee wherein about 55-60staff is engaged in cooking and serving bhog to the visitors freeof cost. The Bhog is available from morning 11:00 am to night11: 00 pm.

C: An another Laddu Prasad unit is also being run by thecommittee, which cooked laddu as a prasad and sale to thedevotees every day, D: Temple committee runs two ambulances for giving medicalassistance to the peoples of nearby villages. One doctor and onenurse have been also engaged to render free medical checkupand medicines to the public.

E: One Shavavahan is kept for free carrying of dead bodies todeliver at the cremation place for the funeral. It is a free service.

F: One bus is also run by the committee for carrying visitors toshow important religious places of Ujjain.

G: In the pravachan hall several programmes are organized in themonth of the Sravan month (Monday), Uma sanjhimahotsavain Ashvin month which includes preaching by renowned kathakar,shastriyo sangeet, and other cultural programmes likebharatnatyamma etc. programme.

H: Temple Vedic Sansthan is established to educate students ofclass VI to XlI on Vedic literature and Sanskrit. Presently about 6teachers are educating 70 students in the Sansthan.

I: Temple committee is maintaining gaushala at Chintamani areawherein about 100 cows are reared. The milk of the cow hasbeen used in the worship and other ceremonies of the temple.

CHAPTER -11

NATURAL (PHYSICO~CHEMICAL) WEATHERING OFSTONE WITH REFERENCE TO MAHAKALJYOTIRLINGA

In this chapter, natural causes (Physico-Chemical) of weatheringof stone in the context of Jyotirlinga have been discussed in generalkeeping in view the offerings (ingredients) used during the prayers/rituals of the lingam.

Rituals including Bhasm (Ash) Aarti and Abhishekas on thelingam starts right from the dawn of the day and continue throughoutwith short intermittent breaks. A large number of devotees visitthe temple daily and offer many ingredients and puja samagree asa part of the ritual with great religious belief and Astha. The numberof devotees increases appreciably on any auspicious day or duringfestivals. These offerings due to their physical or chemicalcharacteristics may interact differently with the minerals of naturalstone (Ungam). This continuous interaction, in the long run, maybe responsible for appreciable damage to the substrate (Lingam).

2.1 General Chemical Characteristics of Some of theIngredients:

It is important and imperative to consider the Normal ChemicalCharacteristics of the ingredients which are generally offered bythe devotees in order to have a better understanding of thephysicochemical or Geo-Chemical Interactions of these productswith the stone of which this jyotirlinga is carved out. These arebriefly discussed below:

Milk: The milk is a biological fluid having following grosscomposition:

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AThe pH of normal pure milk generally varies from 6.5 to 6.7.

Source: Handbook of Chemistry; DOI 10.1 007/978-3-642-41609-5_31-1.2015, page Dahi (Curd):

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Physico Chemical analysis of Dahi in percentage Protein Ash Total Lactose pH Total plate Total coli dissolve count form count Csolid 3.60 3.27 0.68± 15.63 ± 4.73±0. 5.05 7.68 ±0.01 2.32±0.11 ± 0.43 0.02 0.1 01 ± D0.50 0.21

Homemade Desi Ghee:

The chemical composition of Homemade Pure Ghee:

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Colour flavor Refractive Moisture Index Acidity White Pleasant Granular 29°C 1.4530 0.4 3.0

Small chain saturated fatty acid (SFA): 12.5% Mono-saturatedfatty acid (MUFA): 19.91% Long Chain fatty acids (SFA): 73.77%Medium-chain Fatty acid (SFA): 20.17%

Honey:

Average Composition of floral and honeydew Honey is asbelow:

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ACharacteristics or Floral Honey (%) Honey Dew Honey (%) Constitution Few clamps of crystals 1 Granular Tendency [Few clumps of crystals]1/8 to each layer 1/16 to 1/8 inch layer B2 Colour Dark half of White Light of amber Moisture 17.2 16.3 Laevulose 38.19 31.80 C6 Sucrose 1.31 0.80 7 Maltose 7.31 8.80 8 High Sugar 1.50 4.70 D9 3.91 4.45 Free acidity 22.03 49.07 Lactones 7.11 5.08 12 Total acidity 29.12 54.88 E13 Ash 0.16 0.73

Sugar Products:

Avergage Chemical Composition of Sugar Products is:

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SN Composition Average in percentage Sucrose 8.1-8.7% Reducing Sugar 3-6% 3 Oligosaccharides 0.06- 0.6% Polysaccharides (including 4 0.2-0.8% Gums and Dextrans)

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ASandal (Chandan):

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Major compositions of sandalwood powder or Oil are: AlphaSantatot - 41.0 - 55% and Beta Santalol- 41.0- 55 %.

Bhang (Cannabis):

The buds and leaves of Cannabis are ground into a paste to prepareBhang. The Biodeterioration component is Cannabidiol and delta-9-tetrahydrocannabinol.

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These compounds believed to have Antifungal, Antibacterial andAntibiotic property.

Abir or Abeer and Gulal:

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If these products are not derived from natural flowers/herbs, maycontain synthetic dyes which are manufactured through thechemical process most likely with non-standard parameters andhence the resulting colours may have toxic effects of abrasion onsensitive objects.

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Kanku (Kumkum):

It is either made from turmeric or any other local material. Thedried turmeric powder is mixed with slaked lime which turns therich yellow colour of the turmeric into a red colour. ModernKumkum (Sindoor) mainly uses Vermilion. Orange-red pigmentvermilion is purified and powdered form of cinnabar or mercurysulfide.

Fruits Juices:

On many occasions, devotees offer fruit juices of a differentvariety. These fruit juices may have a different chemicalcomposition and pH value depending upon the nature of the fruit.

The pH value of some of the fruit juices is given below. This pHvalue represents the acid or basic character of any solution.

Seasonal Fruits (Juice) 5.36 2 3.60-4.30 3.30- 4.00 4 3.40-4.80 5 Watermelon 5.18-5.60 6 Pineapple 3.20-4.00 7 Pomegranate 2.93-3.20 Papaya 5.20-6.00 Guava Orange 3.30-4.19 Grapes 3.00-3.75 12 Sugarcane 5.2-6.8 (Crude Juice 13 Coconut water 1.5- 5.2

Bhasm / Ashes of

Cow Dung Cakes:

We have been informed that ashes of Cow Dung Cakes are beingused during the Bhasm Aarti. Good quantity of ash is generallyused every day through sprinkling using a muslin cloth. Samplehas been collected and our preliminary analysis (XRF) (courtesy:Wadio Institute of Himalaya Geology, Dehradun) revealed thatthe ash collected is quite rich in Silica Content (around 63%),Oxide of Calcium (10.75%), oxide of Magnesium, Aluminium,Phosphorous, Potassium, Iron and traces of oxides of Titaniumand Manganese. The solubility of the Bhasma in water is almostnegligible, however, in acid, it is sparingly soluble.

Microscopic observation of the bhasmas carried out in thelaboratories of the Director (Science) Dehradun revealed the ABC

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amorphous-crystalline character of the Bhasm. This characteristicof the Bhasm expected to have abrasive action on the soft objects.

Burning of Oil Lamps, Dhoop or Essence Sticks:

Oil lamps, Dhoop or essence sticks use carbon/charcoal powdermixed with some oil and aromatic compounds. When allowed toburn, thick smoke or fumes are emitted into the air which generallycreates the biofilm of black soot on the interior wall surface of thetemple. This may be aesthetically unpleasing but more importantly,may induce a slow process of decay in the material on which itdeposits.

Note: Above analytical data represent the chemical compositionand general characteristics of the materials as per referencesavailable and does not speak about the actual materials exceptBhasm being used during the rituals or about any sample of thosematerials.

2.2. NATURAL WEATHERING OF THE SANDSTONE

Sandstones are Clastic Sedimentary Rock and are susceptible todecay if exposed to the natural environment or manmade adversedeteriorating conditions. (Details of the formation/genesis of suchrocks and their geological/mineralogical properties arediscussed in Part 3 of the report).

While examining the Mahakal Jyotirlinga, its decay/ damage/deterioration due to the use of different ingredients used duringthe daily ritual, it is necessary to refer to the Natural weatheringprocess of Sandstone of which this Jyotirlinga is carved out.

It is very important, but also very difficult to assess where thenatural process of weathering of stone finishes and the damageinduced in the stone due to human activity starts to exacerbatestone decay. To recognize the mechanisms of stone decay it isnecessary to examine the natural processes of weathering.

A: Water - A Major Cause of Decay of Stone:

Stone decay depends on many factors. The wet climate is one ofthe slipware factors of decay and ingress of water or moisture inthe core of the stone causes dissolution of active mineral cement (Fe and Mg Carbonates]. The decay of feldspars and the swellingof kaolinite further weaken the subsurface, the weak zoneencouraging the detachment of the surface patina, and granulardisintegration subsequently. As a result, the most common decaytypes encountered include granular disintegration, pitting, blistering,flaking, dissolution, the formation of fissures, and crust formation.The precise character and the effects of, depending on themineralogy of the rock and durability of sandstone, therefore,depends on its framework mineral composition and secondarycement.

The environment of High humidity is equally injurious to stone asit keeps the stone wet for a long time and triggers the process ofsolubilization of minerals. Water may contain some soluble saltsand ingress of water in the matrix of the stone may carry thesesalts within the stone. Wet and dry cycle thereafter causeefflorescence of salt on the surface and may result in peeling offof the top layer of the stone.

B: Biological Decay or Bio-deterioration of sand Stone:

The qualitative and quantitative development of BiologicalElements on stone and resulting process of Biological Decay isstrictly linked to environmental conditions as a whole.

The biological decay of stone may be induced as a result of Bio-Geo-Chemical interactions of the microbiological metabolitessecreted by different categories of macro and microbiologicalspecies with the stone matrix. These biological species may bePhototrophic or Non-phototrophic.

In the present context, non-phototrophic biological species have asignificant role to play as far as the decay of the Jyotirlinga isconcerned. The growth of the micro-organisms of this categoryand the action of their biological metabolites on the stone dependson the following factors:

• Light

• Nutritive Factors

• Environment to which Stone is exposed

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However, macro and microbiological species may cause bothmechanical and chemical damage to the substrate but in the presentcontext, the chemically induced damage is important to beconsidered. Some of the metabolites may be chelating and somemay have a different affinity of reaction to certain metals elements.

As during the rituals and Abhishekas milk/ curd/ or any othermilk/ fruit product are used, the bacterial action is generally expectedon the stone if the fermented products rich in certain species ofbacteria are not washed away at regular interval of time.

Different species of Lactobacillus bacteria are generallypresent in milk products and under optimum conditions i.e. suitabletemperature and humidity, they start to multiply with appreciablerate utilizing the lactose a good nutrient for bacteria present in themilk products. During the process of multiplication of the bacteriaand consequent fermentation process, lactic acid is expected tobe released in different quantity in the solution. If this fermentedproduct is not discarded or utilized, it may result in the formationof a by-product of more acidic nature which may be more injuriousto the substrate. General Chemical reaction involved in the processis given below.

Other species of bacteria (Sulphur and Nitrogen) are also expectedto grow in the stagnant medium rich in cellulosic material andcarbohydrate.

The large amount of flowers, Bilva Patra and other materialsoffered by the devotees to the Jyotirlinga when not removed witha periodical interval, attract bacterial action on these materials.This bacterial action may also be injurious to the stone includingsandstone because mild acid products released through themetabolic activities of micro-organisms may react with the metalions of the sandstone very easily causing disintegration of thesubstrate through leaching of the cementing material.

2.3. EXAMINATION OF THE MAHAKALJYOTIRLINGA AND GARBHGRIHA:

The Jyotirlinga was carefully examined by the team on 7thSeptember 2017 after the Bhasm Aarti in order to make anassessment with regard to its decay due to the use of differentmaterials during rituals. We have also been present during theearly morning Bhasm Aarti to record the process of this greatritual and to have information about the ingredients generally usedduring the puja.

A: General Observations of the Jyotirlinga:

There is only one entrance door on the Southern side for thedevotees to enter in the Garbhgriha and there is no room forParikrama around the Jyotirlinga. All the devotees offer materialsfor rituals and do Abhishekas on the Jyotirlinga from the Westernand Northern side of the Garbhgriha. Jyotirlinga is fixed on acircular pedestal of silver metal. It was not possible to visualizethe bottom portion of the Lingam and its depth under the floorsurface. The dimension of the lingam above the pedestal hasalready been discussed earlier. As far as general conservationstatus of the Jyotirlinga is concerned, chipping of the polishedlayer may be seen mostly on the eastern and western side havingcaused depressions or pits. These characteristics may be seenelsewhere also on the lingam.

The top of the Jyotirlinga appears to have good polish but on thesouthern side the polish has been considerably damaged and fineminerals of sandstone are exposed. The polish on the top of thelingam is difficult to differentiate if it is the original polish or hasbeen developed and is maintained due to the rubbing of the offeringmaterials on the Lingam particularly on the top portion during theBhasm Aarti. A half-spherical chipped off the mark on the stoneis visible on the Southern side and two parallel spherical marksoriginated from top of the lingam moving downwards on theEastern side.

The team has also witnessed that liters of water / Ganga jal areoffered by the devotees daily. Good quantity of milk, curd, a smallquantity of honey, ghee and other materials are also Katra duringthe Bhasm Aarti including a lot of flowers and belpatra. However, B

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during the Abhishekas of Jyotirlinga, water/Ganga jal is supposedto wash away the milk products and carbohydrates but at manyplaces especially on the bottom of the lingam, we have observedthick accumulation of sticky, slimy fermented by-products of milkincluding carbohydrates. This accumulation is expected to invitebacterial action if not, washed away regularly. The bacterial actionon the stone is, however, a slow process but expected to causedamage to the substrate if not controlled in time. The bacterialaction on the flowers and other offering materials may also invitefungal growth which in combination with the bacterial action maybe more harmful to the substrate. Bhang is also offered to theJyotirlinga during the Bhasm Aarti but the bhang paste generallycontains alkaloids and phenolic compounds which are not expectedto cause damage to the stone. The presence of alkaloids andphenolic compounds rather help to control biodegradation as thesecompounds also show antibacterial and antifungal properties. Theoffering of Bhasm and other powder offering materials areexpected to have certain chemical compounds, the rubbing of whichon the lingo may cause damage to the top layer of the stone. Theoffering of fruit juices is also expected to be injurious to the stonebecause of their low PH value and acidic characters.

The sealing of joints around the Jyotirlinga has been observed tobe severely damaged which may be a cause for infiltration ofofferings including water which may also lead to bacterial actionand moisture related damage to the stone.

The Marble flooring has also developed pits most likely a sign ofdeterioration as a result of cumulative actions of all deterioratingfactors.

The walls of Garbhgriha are now covered with a silver metalsheet which has lost original polish. As far as general ambianceof Garbhagriha is concerned, the average temperature between 4A.M to 6 A.M has been recorded as 23.5 o C and humidity as78%. The high percentage of the humidity is also important asretention of moisture within the Garbhagriha creates favorableconditions for biological activities. This also keeps the Jyotirlingawet throughout the day which is a negative feature as far as thedecay of the lingam is concerned.

B: Drainage Facility for the Disposal of the liquids and Solids:

The committee has observed that all the liquid and solid waste aregenerally collected through drainage in a small pit outside theGarbhagriha from where these are pumped out with the help ofthe electrical motor.

It would be appropriate if this disposal system is improved so thathumidity level in the vicinity of the Garbhgriha is maintained suitablyand cleanliness may be ensured in the surrounding area.

(C) Electrical fittings in the Garbhgriha also demand majorrenovation keeping in view the safety reasons and to make theenvironment of the Garbhgriha more healthy and pleasing.

2.4 OTHER OBSERVATIONS:

Besides the Jyotirlinga and Garbhgriha of the Mahakal Temple,following observations have also been made by the Committeeand the Committee feels that action may be taken for betterConservation and Preservation of ancient structures and stonefigures. Periodical Inspections, Preventive conservation, andPreservation may be ensured for such ancient stone figures ofreligious importance.

CHAPTER- IIIGEO-SCIENTIFIC STUDY OF LINGAMMAHAKALESHWER UJJAIN, MP

3.1 Introduction:

In the proceeding of Court No 10 of Honorable Supreme court ofIndia, SLP Civil No 15459 of 2017.Upon hearing the counsel andon the proposal submitted of Learned Additional Solicitor GeneralShri Tushar Mehta, the Court made the following committee fromGSI and ASI comprise of Shri Hemraj Suryavanshi and Shri L.L.Vishwakarma from GSI and Shri Madan Mohan Chouhan andDr. V.K. Saxena from ASI to study / survey/ analysis examineMahakaleshwer Jyotilingam of Ujjain (MP) and to prepare a reportcontaining the rate of which the deterioration in the size of Lingam A

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is taking place, if any, and the measures/steps/precautions to betaken to ensure that this deterioration/shrinkage of Lingam stops.The Committee also study the other structures and the templeand submit what steps are required to be taken to overall improvethe entire premises and for its preservation. The Committee makesa study and reports inter alia as how much deterioration of Lingamhas taken place during the last three-four decades and whatremedial steps have to Sardar.

The committee Members of ASI and GSI jointly visited Ujjain on7.9.2017 to assess the deterioration of Jyotirlingam ofMahakaleshwer and to discuss the scope of the area of work forthe GSI and ASI team.

The GSI will carry out identification of rock type and itscomposition of Jyotirlingam workout causes of deterioration inthe size of Jyotirlingam if any and suggest remedial measure. ASIwill study the archaeological and conservational aspect of thetemple premises, apart from carrying out chemical studies ofoffering material to the Jyotirlingam Geological Survey of India, Bhopal team has assessed the limitationand accordingly methodology and instrumentation has beenselected for the detailed study of the lingam rock. Since rocksample cannot be taken out from the Jyotirlingam for detail studies,therefore, visual observation, as well as studies based on non-destructive methods like remote sensing technique with aninstrument named Spectroradiometer, was adopted to identify therock and ascertain its composition. The instrument as well as twoexpert scientists from Nagpur office were called. The Nagpurteam was reached Ujjain on 10/9/2017 and carried out his workon 11/9/2017. The team has collected spectral signature of lingamrock and matched with standard spectral signature available withspectral library of CHQ of GSI, Kolkata.

Another non-destructive method by portable XRF studies of lingamrock was felt necessary to cross checks the identification madeby the remote sensing technique. Therefore, one portable XRFinstrument along with one scientist was called from GSI, Jaipur.Portable XRF machine was used to collect information on 12/09/2017 at 19 points in Jyotirlingam rock to study the composition of

Jyotirlingam rock in weathered part as well as on non-- weatheredpart of Lingam. Based on these studies remedial measures wareworked out to reduce the extent of chemical weathering.

Apart from this water sample, ash samples, samples of offeringitems like bhang, cow dung were collected and analyzed toascertain the real cause of chemical weathering and to suggestsuitable remedial measure to improve the overall environment ofthe temple premises ware suggested.

3.2 Observation and studies of Jyotirlinga:

3.2.1 Visual observation: The Shiva Lingam measuring 67 cmin height and 47.97 cm in diameter situated over silver coatedJaladhari of 208x127x30 cm in size. The lingam rock is pinkishbuff coloured orthoquartzite similar to quartzite of Vindhayans. Itis massive, hard and compact fine to medium grained, well sortedarenaceous quartzite compose of quartz occasionally with minorfeldspar with the siliceous matrix. Majority of the grains are quartzalong with minor orthoclase giving light pinkish brown shade tothe lingam rock. The cementing material is siliceous with minorferruginous impurities.

There are traces of two bedding plane on the left side of thelingam rock with a minor change in grain size and compositionalong these plane. These bedding planes are visualized as an imprintin the forms of a slightly depressed linear groove-like structuredue to differential weathering, but on the fresh surface exposedin pits developed in lower part of lingam in the eastern side, theseimprint of bedding are not visible by naked eyes.

3.2.2 Studies based instrument:

(a) Spectral studies by Spectroradiometer:

On the basis of visual observation as well as studies based onremote sensing technique with the instrument namedSpectroradiometer was adopted to identify the rock and ascertainits composition. Two experts Geologist one from GSI Nagpur &another from GSI Kolkata along with SpectroradiometerInstrument have carried out studies of the lingam. The team hascollected spectral signature of lingam rock on 11/09/2017 andmatched these signature with the standard spectral signature of A

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rocks available in the library at GSI headquarter Kolkata. Total10 no of spectral signature from a different part of the ShivaLingam was collected. This study also confirms that the Lingamrock is quartzite, mainly composed of quartz, orthoclase and aminor amount of mica in the matrix.

(b) Portable XRF studies:

Portable XRF studies of lingam rock were felt necessary to cross-check the identification made by visual observation as well aswith the remote sensing technique, therefore one Chemist fromGSI Jaipur was called to carry out a study of Lingam with PortableXRF machine. Total 19 observation points were recorded by theinstrument on 12/09/2017 on lingam. The objective of this studywas to ascertain the approximate composition of lingam rock inweathered part as well as on non-weathered part for confirmationof its identification. Based on these studies remedial measureswere worked out to reduce the extent of chemical weathering.The composition of Lingam rock worked by this instrumentconform its sedimentary nature with the presence of minerals ofzirconium and titanium in traces. Observation at 19 spots fromthe instruments over the lingam rock was taken and the silicapercent ranges from 66 to 92.6% in 10 samples, out of which 7spot samples have more than 75% silica. It conforms that therock is orthoquartzite. Methodology and analytical result areenclosed as Annexure-III.

3.3 Water analysis by portable water analysis kit and ICP-MS Instruments:

Water analysis of the temple premises was carried out at sevenselected locations and it was found that the pH value of waterbeing used in the offering is high ranging from 8.4 to 8.7

Water is a universal solvent and dynamic medium whichnecessitates its analysis. Ionic Product of pure water at 25°C is1x 1O-14.Water is composed of H+ ion and OH- ion.

H2OH[+] + OH- (Ionic product)

In pure water of the hydrogen ion (H+) and hydroxyl ion (OH-) isequal. Hydrogen ion (H+) is responsible for acidity and hydroxylion (OH-) is responsible for the alkalinity of medium i.e. if hydrogen ion (H+) increases in the medium the acidity will increase and ifhydroxyl ion (OH-) concentration increases in the medium thanalkalinity will increase. The H+ and OH- concentration ismeasured in terms of pH value which is the negative logarithm ofH+ concentration in water.

pH = - Log [H+]

If any liquid is having pH less than 7 then it will be acidic, and if itis more than, it will be alkaline/ basic in nature. pH 7 is consideredneutral.

Weathering of rock increases on exposure to acidic as well as, aswell as two expert scientists from Nagpur office, medium ascompared to neutral medium; due to increase in electrochemicalreaction. On exposure of high silica material to acidic mediumhave no significant weathering effect but on exposure to basic/alkaline medium weathering increases by following reaction:

SiO + 2KOH –> KSiO + HO2232

On the bacterial decomposition of any organic matter, carbondioxide gas (C02) releases with the rise of temperature and C02react with water to produce carbonic acid (H2CO3)

CO + HO –> HCO2223

Sansthan

Storage tank below lingam produced carbonic acid may react withalkaline water having high pH and up to some extent neutralizationreaction may happen as: - HCO+2KOH->KCO+HO+Heat22222

The pH of the tank is less than the water of Kotiteerth pond,which is alkaline in nature and deleterious to the siliceous material.

3.3.1 Ash analysis:

Three ash samples (1), from Bhasmaaarti of Jyotirlingam, (2),cow dung used for making bhasma in mahakal temple and (3)from Bhopal were analyzed for comparative studies.

Bhasma is being used in the bhasmaaarti range in pH from 9.07to 10.2 in an aqueous medium having 7 pH; on the other hand, thewater of Kotiteerath pond is alkaline in nature. If alkaline water is A

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mix with bhosmo. , the combination will further enhance pH ofthe medium and produce a more adverse effect on lingam andincrease rote of chemical weathering (Annexure IV c).

Use of cow ghee, milk, curd, honey etc is a regular phenomenon.As a matter of fact pH of some of these articles might inducedeterioration but in view of the religious sentiments, the age-oldpractices cannot be stopped, but the amount of the material maybe restricted in order to reduce further deterioration. The onlyeffect of these semisolids appears to be their pH value in generalpH value of cow milk ranges between 6.6 to 6.8, pH of curd 4.5to 6.0, pH of coconut water (matured) will be 5.2 and honey mayrange from 3.9 to 6.0 in pHs 3.4 Discussion and interpretation : - Since centuries the temple is a center of attraction to the Hindusociety. It was situated on the bank of kshipra River. The greatkshipra had changed its course in past it was flowing close to theMahakal temple and gradually shifted its course to the presentchannel, now local people talk about gupt- kshipra which flowsbelow the kotiteerath pond and supplying water to the templepremises since years.

3.4.1 Extent of weathering:

The lingam rock is hard and compact medium to fine-grained well-sorted orthoquartzite as seen in above photos from a differentdirection. Majority of the grains are quartz along with minororthoclase giving light pinkish brown colour to the Jyotirlingamrock. The cementing material is siliceous with minor ferruginousimpurities. It is hard and compact and sustainable in the idealnatural environment. Close observation of lingam reveals that thereis the signature of chemical weathering on the eastern and westernside of the lingam. Observation of day to puja pattern and offeringof milk curd, honey bhang etc. as well as the traditional ritual it isseen that the effect of chemical weathering is more pronouncedin the eastern and western side of the lingam. The northern side(Front, facing devotees) is devoid of any weathering pits. Similarly,the back side is also least affected by the process of chemicalweathering. The causative factors for the localised developmentof pits are the topic of research for our team. We have gone through the ill side effect of offering material and the area affectedby the offering.

3.4.2: Causative factor:

(1) The ambiance and climatic parameter of Jyotirlinga room aresomewhat similar to a subtropical climatic condition where alternatewet and dry spell is in practice. The offering supply’s bacteriathrough curd organic compound and lodging of these compoundsin pits enhance the process of attacking and dissolvingcryptocrystalline siliceous cement in the rock resulting in loosingand removal of grains in this way the chemical weathering isprogressing.

(2) Silico is stable and inert in most of the form but thecryptocrystalline form of silica is prone to attack by the alkalinesubstance (like potassium hydroxide KOH) and will dissolve atroom temperature in alkaline solution as express in this reaction.(reference from Google).

SiO+2KOH=KSiO+HO2232

The formation of potassium meta-silicate is the cause of chemicalweathering which is soluble in water the rate of reaction is veryslow but continuous with the passage of time.

Water quality of the Kotiteerath pond has pH value 8.4 which isalkaline in nature, this water being offered continuously to Lingamrock during Jalabhishek. Ash offered in the bhasmaarti also containsalkaline compound and the pH value of ash in aqueous mediausing pure water is 9.1 which is highly deleterious to siliceousrock. During Bhashmaarti ash are poured over the lingam andthen after water of Kotiteerath are used in jalabhishek which isreacting and producing causative factor to enhance the chemicalreaction stated above resulting in the form of chemical weatheringand removal of silica grains and development of pits in lingamrock.

3.4.3: Weathering through ages:

Though the rate of weathering is very slow and cannot beperceived by single observation as these pits have been spotted60 years ago when Hon’ble first President of India. Shri Rajendra A

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Prasad and Hon’ble first Vice President and second President ofIndia, Shri Sarvepalli Radhakrishnan were spotted worshipping ofJyotirlingam in Mahakal temple at Ujjain and the patch of Pits inthe eastern side of the Lingam has also been spotted during thattime. In a span of 60 years, these pits have increased at a slowrate in number and size. (Photo no.5-8) Projecting the rate oferosion there is no alarming situation at present but someprecautions are necessary as a remedial measure to protect thelingam for posterity and manage the deterioration.

CHAPTER· IV

A: SUGGESTIONS AND RECOMMENDATIONS:

1. The Jyotirlingam rock has been identified as orthoquartzite whichis hard and compact and highly siliceous in nature in which thesilica content varies from 75-92% analyzed by portable XRFstudies. Apart from visual observation spectral signature byspectroradiometer were collected, matched with the standardsignature of orthoquortzite available in GSI, spectral lab.

2. The deterioration of lingam has Sandstones and increased inlast 40-50 years as depicted in photos no 1-4 and 5-8; thedeterioration is continuous Sandstone can be managed withremedial measures.

3. The water of temple premises used in Jalabhishek is highlyalkaline in nature the pH value ranges from 8.4 to 8.7 which isreactive with the cryptocrystalline siliceous cementing materialof orthoquartzite at room temperature and causing deteriorationin Jyotirlingam.

4. The tradition of Bhasmaarti using ash of Cow dung (as pertemple pujaris) has pH value ranges from 9.07 to 10.20 in anaqueous medium.

5. The age-old practices cannot be stopped but the amount ofmaterial can be restricted/ minimized in order to reducedeterioration. The quantity of offering as listed in Annexure Icontain milk, curd. into, honey, sugar, leaves, petals, and flowers,accumulate in pits promote the growth of bacteria at roomtemperature resulting in pH variation is also a cause ofdeterioration.

6. Presence of major and minor oxide and trace elements of rockenhance the electrical conductivity of the water to a high levelwhich can cause deposition of salt in pores/ pits and chipping ofmaterial by chemical weathering.

7. Poor drainage sanitation and water spillage were also spottedin the temple premises.

8. The Use of water (jal /Ganga Jal) throughout the day forAbhishekas of the Jyotirlinga by the devotees should be restrictedto a minimum.

9. Use of milk and other milk products including ghee and honeyshould be minimized to a small quantity and made symbolic innature to satisfy the religious requirement.

10. Rubbing of Jaggary / Sugar powder and other powdery materialon the Jyotirlinga may be restricted/ minimized.

11. Use of a lot of flowers / Bel Patra etc. may also be madesymbolic as the use of such huge materials keep the Jyotirlingawet all the time and hinders natural breathing of the stone whichis essential for the good state of the Jyotirlinga.

12. Use of metal buckets, offerings pots, and other utensils shouldbe replaced with wooden / Good Plastic materials in order to avoidmechanical abrasions.

13. lf possible, entry of devotees in the Garbhgriha may be limitedby making a management plan. Devotees may be permitted forshort duration at a time to avoid the crowd in grabhgraha. This isimportant as there is only single entry door which is also used asan exit door.

14. Every effort should be made to keep the Garbhgriha dry andclean including the passage and surroundings.

15. All the damaged area of marble floorings and sealing of jointsetc. should be repaired to avoid water percolation through thedamaged area.

16. 1f possible provision may be made for air circulation in theGarbhagriha.

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17. Arrangements for disposal of waste may be improved andshould be made more effective.

18. Scientific / Chemical treatment of any stone object withperiodical inspection and preventive conservation may, however,help to preserve the object for quite long time but in case ofJyotirlinga it may not be appropriate to consider such treatmentas the treatment of the Jyotirlinga may not be acceptable to thecommon people because of their great faith and religious beliefs.Only preventive conservation methods may be helpful to keep theJyotirlinga in the best of its conservation state.

19. Sincere efforts should be made to preserve the originality ofthe main temple and other structures of historical importance inthe premises. Modern materials should be avoided for generalmaintenance.

20. The antiquarian remains of the premise including the maintemple of Mahakal can be classified mainly into four groups; a:Some stone sculptures in loose and fixed nature assigned to 7th -8th century AD, b: Some sculptures of 11th -12th century AD, c:Main temple and other subsidiary shrines of 18th century and d:Other remains viz wooden box, copper drum, seating benchesand some metal work etc of 19th -20th century. Numbers of stonesculptures placed in the temple premise at different places likeembed in the walls, on the floors, and in the abandoned roomsneeds to be properly maintained, documented, identified anddisplayed in a proper place so that they could be preserved forfuture generation and could be in use of researchers and studentsof art and architecture.

21. Some unwanted restoration works have been done on the 1stand 2nd floors of the Mahakal temple by laying of modern tiles onthe floor. This sort of flooring does not match in any way with theambiance and old architecture of the temple. On the north andsouth sides of the temple, iron scaffoldings are placed attached tothe main temple. We were told that the scaffoldings are providedfor installing iron stairs for climbing of the visitors to the temple onthe top floor to worship Chandranageshwar. On this floor, asculpture of Chandranageshwar with his consort is placed insidea niche covered with a glass window and devotees or visitors would be allowed to reach there. During our visit, we were informedthat earlier temporary arrangement was made there by way ofinstallation of iron stairs in the occasion of Nagapanchami whenlacs of visitors used to visit here. Providing of this sort of installationis not only the eyesore in the ancient temple premise but it wouldlead a new tradition in future and put an adverse effect on the oldtemples when such a huge crowd of devotees will reach the topfloor. Therefore, it should be avoided for the safety of the publicand to maintain the ambiance of the temples.

22. While the campus consisting of old temples have been reflectingwith white, cream and red colours as outer walls and shikhara ofalmost all the temples are painted with these colours and flooringwith tiles and red stones. Beside that some new constructionshave Abhishek the carried out. This sort of constructions anddevelopment in an ancient heritage place should be avoided andproper conservation should be carried out with the help ofconservators and expert of ancient architecture.

23. The significance of Mahakal temple and Ujjain is not only forthe people of Ujjain and Madhya Pradesh, rather for the peopleof the whole country too, therefore keeping this thing in mind, it isinevitably required to develop this most religious and heritage sirewith proper care and maintenance so that its cultural and tangiblefabric could not be disturbed. Presently there are numbers of thetemples inside the temple premise probably of the same period asthe Mahakal temple but these temples are conserved in crappymanner by adding eyesore paintings on the walls and some weirdaddition to the old structures. Some new constructions are doneand some other constructions are presently going on there.Therefore, it is suggested that no new construction may be allowedwithin the temple premise and restoration and development of theold temples and structures of the premise may be rectified andrestored with the assistance of Archaeological Conservators. Apartfrom the various activities as referred above, Temple committeecan create a heritage cell for maintenance and restoration of theold temples and structures inside the premise.

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near-infrared etc around the temple premise still in extent, theseold structures ore the valuable heritage and integral part of templepremise, needs to be identified and restored accordingly. If it ispossible for the state government, 500 m all around the templepremise can be preserved with old structures and removed fromthe modern constructions. Wherever open space is found, thatcan be landscaped and developed so that its religious ambiancecould be maintained and preserved.

B: REMEDIAL MEASURES:

1. Water quality of the temple premises may be improved; specialcare should be taken to water used in Jalabhishek ritual, potablewater range in pH from 6.8 to 7.2 are ideal for jalabhishek andcleaning of the Jyotirlingam.

2. Ash used in bhasmaarti ranges in pH from 9.07 to 10.2 in aqueousmedia is one of the causes of deterioration in lingam, the ritualcan be minimized to symbolic in nature so that the deteriorationcan be minimized. The lingam should be thoroughly cleaned afterbhasmaarti and ensured that no trace of ash remains over it, thenonly Jalabhishek may be allowed.

3. The ambient temperature of the lingam room (Grabhgrah maybe 17-20 degree Celsius and efforts may be made to keep drynessin most of the time of the lingam to minimize the rate of chemicalreaction, bacterial and fungal growth.

4. Use of ghee, milk, curd, honey, etc. is a regular item of offeringsince ages, therefore, cannot be stopped, but the quantity andquality of material may be minimized in order to minimize thedeterioration.

5. Proper disposal of temple garbage may be arranged and insuredthat it should not contaminate the kotiteerath pond. Improvementin sewer line and sanitation may also be managed to keep thepremises neat and clean. An arrangement may be made to stopdraining off rain and used water into kotiteerath pond.

6. Periodical monitoring of all these remedial measures is alsoessential to check further deterioration and to maintain garbhagrihaand Jyotirlingam and to maintain its natural ambiance.

ATIM E EVENT 04:00 AM Opening of Temple door Temple cleaning followed an offer 04:00 to 04: 15 AMof Panchamrit (Milk, Curd, Ghee, Honey and Sugar) BJalabhishek by Pilgrims (Katitirathpond04: 15 to 04:40AMwater), 15 to 20 minutes. Abhishek by Priest (Material list 04:40 to 05:00 AM attached). 05:00 to 05:15 AM Cleaning and Drying by dry cloths C05:15 to 05:30 AM Decoration. Bhasamaarti (Ash worship) by ash and 05:30 to 05:35 AMbearing ornaments. Again Jalabhishek by pilgrims, water 06:00 to 6:45 AMoffered. D06:45 to 07:00AMEntry closed and cleaning of the temple.07:00 to 07:15 AM Worship of other deities 07: 15 to 07:30 AM Chandan-Abhishek-after cleaning. 07:30 to 07:45 AM Aarti EAgain Jalabhishek by pilgrims (using 07:45 to 09:45 AMUjjain Municipal Supply water)09:45 to 10:00 AM Cleaning. FAbhishek. GPublic with : 00 H

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SUPREME COURT REPORTS

ANNEXURE II

SPECTROSCOPY STUDY OF JYOTIRLINGAM OFMAHAKALESHWER TEMPLE, UJJAIN,MADHYA PRADESH

By: Prem Babu, Director and Uday Kumar Ghosh, Sr. Geologist Spectroscopy is the study of light as a function of wavelengththat has been emitted, reflected or scattered from solid, liquid orgas (Clark, 1999). Reflectance and emittance spectroscopy ofnatural surfaces are sensitive to specific chemical bonds inmaterials, whether solid, liquid or gas. Moreover, spectroscopyhas the advantage of being sensitive to both crystalline andamorphous materials, unlike some diagnostic methods, like X-raydiffraction (Clark,1999). Spectroscopy’s other main advantage isthat it can be used for near (e.g. in the laboratory) to far away(e.g. to look down on the Earth, or up at other planets) objects.Laboratory and field spectroscopic studies of rocks/minerals/othermaterials help in understanding the entire realm of variability inspectral signature of particular rocks/minerals/other materials.Reflectance spectra have been used for many years to obtaincompositional information of the Earth surface. Therefore,spectroscopy is being used increasingly in geoscientific studies todetect the mineralogical composition of rocks/minerals of earthsurfaces and other planets of the universe.

Different types of minerals absorb and scatter incident energy inthe different wavelength region. When we examine the maximaand minima of spectral reflectance curve, minima are caused bymolecular absorption and we call these as absorption features orabsorption bands. Absorption of a particular mineral rock dependsupon its atomic structure and chemical composition. Absorptionof a particular object depends upon the electronic and vibrationalprocess. The electronic processes are very sensitive invisible tonear infrared (VNIR) region whereas vibrational processes aresensitive in shortwave infrared (SWIR) region. The VNIR regionis very important to detect ferric & ferrous iron, manganese,copper, cobalt, chromium, nickel etc., whereas SWIR region isuseful in detection of hydroxyl bearing minerals, carbonate,phosphate, borates, arsenates, vanadates, silicates etc, Thehydroxyl (OH-) is generally bound to Mg, Feor AI. The water

molecule (H20) gives rise to overtones as seen in the reflectancespectra of H20 bearing minerals. The first stretches of OH- occurat 1.4 um: and the combination of H-O-H bond with the OH-stretches are found near 1.9 um. The OH- - group commonlyoccurs in multiple crystallographic sites of a specific mineral andis attached to metalions. Thus, a combination of metal OH plusOH stretch occurs at 2.2-2.3 um and is the diagnostic ofmineralogy. Spectroscopic study of Mahakaleshwer Lingam wascarried out using high-end portable field spectroradiometer to knowthe compositional information of the surface of Lingam at Ujjain.Madhya Pradesh. Spectroradiometer used in the present studyhas a very good signal to noise ratio (SNR), with finer spectralresolution and spectral interval suitable for detecting the subtleabsorption features characteristic of the constituent minerals ofthe rock exposed on the surface under examination. It detects theenergy reflected by the surface material. Spectra Vista Corporation(SVC HR 1024i) spectroradiometer used in the present study hastwo types of detectors one 512 element Si photodiode detectoroperative in 350-1000 nm and two separate, In Go As photodiodesoperative in 1000-2500 nm.

Collection of Spectral Signature using ‘SVC 1024i’Spectroradiometer. Before taking the spectral measurement ofMahakaleshwer Lingam the entire area was properly cleaned anddried (using drier) to obtain maximum reflectance from the fieldof view. The rest of the area was covered with dark cloth toavoid unwanted reflectance from the surroundings.

Measurement Procedure:

The SYC HR 1024i spectroradiometer has spectral range of 350-2500 nanometer (nm), with finer spectral resolution of 3.5nm @350-1000,9.5 nm @1000- 1850nm and 6.5nm @ 1850- 2500. Theinstrument was optimized properly before taking a spectralmeasurement. Measurement of the radiance of a white reflector(reference panel) is also essential before initiating themeasurement, as it helps in recording the irradiance of theilluminator for a reflectance measurement. The light source forilluminating (using a tungsten halogen source lamp) the samplewas kept at approximately 45° angle and measurement was tokenby pointing sensor (fore optics as well as fibre optics) vertically ABCD

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over the sample to make the phase angle of 45° (phase anglecorresponds to the angle between the illumination source andmeasurement point) so that the measurements which speak aboutthe volume of reflected energy emanated from the rock(characteristic of the internal chemistry) are collected and it wouldreduce the specular reflection from the object which is dominantlythe result of surface smoothness. The 40 optical lens was usedwhile taking the spectral signature of the Lingam.

The following necessary steps were taken into consideration whilemaking the measurements.

1. Source of the illumination is well calibrated so thatthere should be minimal fluctuation in irradiance insuccessive measurement.

2. Precautions were taken so that there is no physical blockadeof light and shadow of the person who is takingmeasurements does not fall over the sample.

3. The sample should be larger in dimensions than the groundsample diameter (GSD) of fore-optics.

4. Data was saved in personal digital assistance (PDA) anddownloaded into the computer for further analysis.

Processing of Spectral Curve:

Spectral signatures thus collected is processed using SVC HR1024i software to remove the overlap at the junction of visible(VIS) & near infrared (NIR) and NIR & SWIR region andremove higher order kinks to derive the curve with characteristic“spectral features”. The spectral file format generated in the SVC1024i spectroradiometer instrument is saved as sig file formatwhich stores wavelength and full width at half maximum (FWHM)values (spectral resolution) and other necessary information. Afterpre-processing the signature is exported to ENVI software forgeneration of spectral library. The ENVI software retrieves thewavelength data and FWHM value from the spectral reflectancefiles and appends it to the header file created for each spectralsignature. ENVI has a spectral library builder tool to generatenew spectral library builder tool to generate a new spectral libraryfrom a variety of spectra sources, including ASCll files, other spectral libraries, ROI means, spectral profiles and plots. Thecollected spectra are automatically resampled to an inputwavelength space using FWHM information. After feeding allthe necessary information finally, the rock library is generated byusing lab spectra.

The spectral signature of Mahakaleshwer lingam, Ujjain,MP:

The spectral signature was collected at different faces ofMahakaleshwer Lingam like near top, back, left, right, primarybedding plane, pitted surface etc. For each location number ofmeasurements using fore-optics as well as fiber optics were takenand were later averaged to get the final spectra.

Interpretation

The spectral signature of left and right side shows absorption at2.19 µm indicating presence of phyllosilicate minerals (AI-OHbearing minerals) and absorption in VNIR (O.568 µm) region isdue to iron oxide stains. But the fore optic spectra show highreflectance in NIR as compared to fiber optic spectra that is possiblydue to the presence of some organic material on the surface andalso due to the differential field of view of spectral measurement.The combination of H-O-H bend & OH- stretches is found at1.93 µm that indicate the presence of water molecule in thesample. The additional overtone feature of OH- stretches hasbeen noticed at 1.4 µm.

The spectra of near top & back side show absorption at 2.19µm that indicate the presence of phyllosilicate minerals (AI-OHbearing minerals) and absorption in VNIR (O.543 µm) region isdue to iron oxide stains. But the fore optic spectra show highreflectance in NIR as compared to fiber optic spectra that areagain due to the presence of some organic material in the surfaceand also due to the differential field of view of spectralmeasurement. The combination of H-O-H bend & OH- stretchesis found at 1.93 µm that indicate the presence of water moleculein the sample. The additional overtone feature of OH- stretcheshas been noticed at 1.4 µm. The fiber optic spectra of all pittedsurface show absorption at 2.19 µm indicate the presence ofphyllosilicate minerals (AI-OH bearing minerals, and absorption A

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Ain VNIR region is due to iron oxide stains. The variation ofabsorption depth at VNIR has been noticed which varies from0.565 to 0.731 µm and this is due to the presence of differentialiron oxide stains at the different pitted surface. The combinationof H-O-H bend & OHÉ stretches is found at 1.93 µm that indicatethe presence of water molecule in the sample. The additionalBovertone feature of OHÉ stretches has been noticed at 1.4 µm.

From overall observation, it is found that most of the diagnosticabsorption occurs at 2.19 µm and absorption in VNIR region ispossibly due to differential iron oxide staining at different surfaces.No other diagnostic absorption due to other alteration mineral wasCnoticed.

All the spectral signatures were analysed with existing rock libraryof GSI as well as USGS mineral spectra and it the that the spectralsignatures fit well with quartzite based on its absorption featuresin SWIR region.

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Continuum removed (continuum or background is the overallalbedo of the reflectance curve) spectra of Lingam & USGSphyllosilicate mineral shows diagnostic spectral absorption at 2.19µm which confirms the presence of phyllosilicate mineral.

Summary: Based on the spectroscopic study of the lingamof Mahakaleshwer temple Ujjain, MP, it can be summarisedthat the spectral signatures of the surface of lingam showpresence of quartz with a minor amount of phyllosilicates.Beside presence of some organic matter at a few locationscould also be noticed.

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References: Clark, R.N. 1999; Spectroscopy of Rocks andMinerals, and Principles of spectroscopy(pp3), http://speclab.cr.usgs.gov.

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XRF STUDY OF JYOTIRLlNGAM OF MAHAKALESHWERTEMPLE, UJJAIN

The XRF study of the Jyotirlingam of Mahakaleshwar temple,Ujjain was carried out using portable Skyray-Explorer 5000 ED-XRF instrument.

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ED (Energy Dispersive) X-ray spectrometer is based on theprinciple of X-ray fluorescence (XRF) which is a non-destructivetechnique. The atoms, illuminated by high-energy X-ray, emit X-- H

ray spectra with certain characteristics, the wavelength of whichis related to the atomic number of an element. Therefore, bydetermining the wavelength, we find the composition of the sampleand start the qualitative analysis; by measuring the line intensityand comparing with a known standard, we get to know about thecontent of the element and start the quantitative analysis. TheExplorer-5OOO instrument consists of mainly three systems:excitation, optics and detector system. The excitation system,including a miniature X-ray source, filter, and collimator, is used togenerate X-rays. X-rays irradiating to the sample produce X-rayfluorescence with sample characteristics, transforming into voltagesignals through the detector, the signal, after being amplified anddata acquisition, is sent for computer processing to get the requiredtest data. The detection system mainly includes i) AMP and digitalmulti-channel data acquisition system, ii) Embedded PDA -Equipped with dedicated X-ray fluorescence analytical software.The detection limit is down to ppm level.

The XRF study of the lingam was carried out by directly placingthe nosepiece carefully on the Lingam surface by holding theinstrument in hand. The surface of the lingam was more or lessrough at all points scanned using the is. On each side of the lingam,we started to analyze from the bottom position to the top position.The total scanning time for each point was 60 seconds. Forqualitative analysis of the elements in the sample, whether it is anatural one or in a strange shape, this instrument can be directlyused for a test. But for accurate quantitative analysis, we need todo some sample processing. There is some inherent limitationwhich may lead to measurement error; rough surface,inhomogeneity in composition etc.

APPROXIMATE CHEMICAL ANALYSIS OF LINGAMROCK BY PORTABLE XRF INSTRUMENT

APPROXIMATE CHEMICAL ANALYSIS OF LINGAMROCK BY PORTABLE XRF INSTRUMENT

FRONT FACING NORTHBACK FACING NORTHSPEC LINGLINGLINGLINGLINGALINGLINGALINGLINGLINGANAME AM-4 AM – AM – AM – M – 6 AM – M – AM – AM M 3 2 1 (CEMEBACKBACK4 BACKBACKBACK1 BOTTNTING 5 (TOP 3 2 (BOTTOM PORTIOMOST) OM N OF MOST) THE BASE)

ABC

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AMg O 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.2208 0.0000 0.0000 (%)5.87686.13190.00000.71625.31218.08316.30685.716311.73193.4060SiO 2 92.62789.4543 37.1480 13.3846 16.7793 88.7300 74.7741 74.6217 81.1862 16.0813 (%)9P (%)0.56680.79920.57960.40260.83950.33580.44420.33370.34350.2922As (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000BSe (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Rb (%) 0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Sr (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Y (%)0.00200.00250.00140.00140.00000.00170.00100.00080.00100.0000Zr (%)0.01090.03280.00000.00000.00000.00950.02520.01420.00000.0000Nb 0.0191 0.0195 0.0080 0.0100 0.0104 0.0186 0.0119 0.0144 0.0138 0.0096 (%)Mo 0.0889 0.0903 0.0427 0.0481 0.0202 0.0856 0.0669 0.0599 0.0814 0.0281 C(%)Pd (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Ad 0.0173 0.0178 0.0164 0.0165 0.0101 0.0174 0.0170 0.0175 0.0174 0.0155 (%)Cd (%) 0.0234 0.0513 0.0427 0.0485 0.0000 0.0613 0.0305 0.0337 0.0568 0.0120 Sn (%) 0.1047 0.1021 0.1033 0.1033 0.1021 0.1028 0.1029 0.1031 0.1027 0.1036 Sb (%)0.00000.00800.00160.00000.00720.01110.00000.00460.00420.0000DBa (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Hf (%)0.00020.00010.00010.00000.00000.00000.00000.00000.00000.0003Ta (%)0.00000.00000.00160.00180.00000.00000.00000.00000.00000.0000W (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Au 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 (PPm)P2O3 1.2982 1.8303 1.3275 0.9220 1.9228 0.7690 1.0173 0.7643 0.7868 0.6691 (%)ES (%)0.00000.02110.00000.00000.00000.00000.21730.09050.05210.0000SO4 0.0000 0.0634 0.0000 0.0000 0.0000 0.0000 0.6519 0.2714 0.1563 0.0000 (%)K (%)0.11040.59550.35390.47350.46650.83950.63040.34450.22750.3164K2O 0.1333 0.7190 0.4273 0.5717 0.5632 1.0136 0.7611 0.4160 0.2747 0.3821 (%)Ca (%) 0.47312.57451.50761.18066.10201.55161.77481.57671.51070.1713CaO 0.5441 2.9606 1.7337 1.3577 7.0172 1.7843 2.0410 1.8132 0.1970 F(%)Ti (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000TiO 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 (%) V (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Cr (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Mn 0.0000 0.0000 0.0000 0.0000 0.0009 0.0000 0.0000 0.0000 0.0000 0.0000 G(%) Fe (%)0.07540.09910.04210.02740.04960.15220.15980.14520.13130.0277Fe2 0.1077 0.1415 0.0602 0.0392 0.0709 0.2174 0.2283 0.2074 0.1875 0.0396 O3 (%)Co (%) 0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Ni (%)0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Cu (%) 0.00310.00000.00170.00000.00000.00000.00700.01590.01010.0000H

AZn (%) 0.00000.00000.02290.06380.00000.00000.00000.00710.09730.0000Hg(%) 0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Pb (%) 0.00000.00000.00000.00000.07110.00000.00000.00110.00410.0000Bi (%) 0.00000.00000.00000.00000.00000.00000.00000.00000.00000.0000Peak1653.1653.1647.1649.1655.1655.1652.1651.1649.1645.0000 0000 0000 00000000 0000 0000 0000 00000000 Cps17391.18507.15614.15688.12188.17754.16378.15787.16737.13791.0000 0000 0000 00000000 0000 0000 0000 00000000 BCount 522496.555942.468960.471219.366273.533249.491980.474277.502614.414329.0000 0000 0000 00000000 0000 0000 0000 00000000

APPROXIMATE CHEMICAL ANALYSIS OF LINGAMROCK BY PORTABLE XRF INSTRUMENT

APPROXIMATE CHEMICAL ANALYSIS OF LINGAMROCK BY PORTABLE XRF INSTRUMENT

CLEFT FACING WESTRIGHT FACING EASTSPEC LINGALINGLINGLINGLINGALINGLINGLINGLINGANAME M- AM – AM – AM – M – AM – AM – AM – M -LEFT 5 4 2 1 RIGHTRIGHRIGHRIGHRIGHT(TOP BOTT5 (TOP T6 T4 T2 1 MOST) OM MOST)(BOTTOM MOST)DMg O 0.0000 0.0000 0.0000 0.0000 3.7727 0.0000 0.0000 0.0000 0.0000 (%)0.00003.46127.51091.96633.34071.90811.44157.20042.7364SiO 2 43.560768.9923 77.2504 45.9106 68.13443.9697 44.8462 66.2406 16.6197(%)3P (%)0.35310.81930.74400.72900.20990.68190.39620.60410.5817P2O 0.8087 1.8766 1.7039 1.6697 0.4808 1.5617 0.9074 1.3836 1.3322 E3%S (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000SO4 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 (%)K (%)0.27900.98320.64340.85250.45241.21420.05890.92660.2368K2O 0.3368 1.1872 0.7769 1.0294 0.5462 1.4660 0.0711 1.1188 0.2860 (%)Ca (%)0.79071.13990.14930.00000.21150.40310.56220.25490.1753FCaO 0.9093 0.1608 0.1717 0.0000 0.2115 0.4031 0.5622 0.2549 0.1753 (%)Ti (%)0.00000.00000.00000.00830.00000.00000.00000.00000.0000TiO2 0.0000 0.0000 0.0000 0.0139 0.0000 0.0000 0.0000 0.0000 0.0000 (%) V (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Cr (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000GMn 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 (%) Fe (%)0.03960.05970.02440.07400.06220.08220.02670.05830.0299Fe2 0.0566 0.0852 0.0349 0.1057 0.0888 0.1175 0.0381 0.0833 0.0427 O3(%) Co(%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000

722SUPREME COURT REPORTS[2018] 4 S.C.R.ACo(%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Ni (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Cu (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Zn (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000As (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Se (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Rb (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000BSr (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Y (%) 0.0000 0.0020 0.0000 0.0023 0.0009 0.0027 0.0000 0.0013 0.0000 Zr (%) 0.0000 0.0231 0.0002 0.0317 0.0000 0.0124 0.0000 0.0040 0.0001 Nb (%)0.0136 0.0145 0.0121 0.0150 0.0113 0.0144 0.0125 0.0139 0.0073 Mo (%)0.04680.07330.03820.08200.03900.06510.03900.08180.0361Pd (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Ag(%)0.01550.01690.01470.01710.01620.01730.01550.01680.0144CCd (%)0.01600.04150.02040.01340.04740.04710.01250.00000.0091Sn (%)0.10330.10100.10240.10210.10270.10410.10320.10360.1024Sb (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0243 0.0136 0.0076 0.0000 Ba (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Hf (%)0.00000.00070.00000.00030.00000.00040.00010.00030.0003Ta (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000W (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000DAu (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Hg (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Pb (%) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Bi (%)0.00000.00000.00000.00000.00000.00000.00000.00000.0000Peak 1657. 1650. 1651. 1644. 1653. 1655. 1652. 1650. 1650. 000000000000000000000000000000000000Cps 14256. 16559. 13441. 17087. 15057. 17596. 13714. 16334. 13452. 000000000000000000000000000000000000ECount 428321.497363.403741.513179.452296.528369.411934.490609.404073.000000000000000000000000000000000000CHEMICAL ANALYSIS OF WATER SAMPLES FROMMAHAKALESHWAR TEMPLE PREMISES, UJJAIN

S. Ref. SamppHTeCondTDS SACOHCOTotal CaMgClNaKNo3PO4SO4FNo. No le mp . at LI3 3 hardn locate 25* NIess on/ C µs/TY timecmUnit(*C)ppm SPU ppm ppm ppmppppmppm ppm ppm ppm ppmppmm 1 UJT/Pot 7.7828.870 522 0.46NIL 274.320 76 15.6170 67 11 6 02 54 01/w/above 52 5 2017 lingaGm @ 5.15 PM 2 UJT/Pot 8.2027.864 518 046 Nil 317 330 76 14.4125 70 11 12 03 50 02/w/below 48 2017 lingam @ 5.15 PM

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3UJT/Kotite8.4129.1736 1041 0.9566353.5006839.62051201281400.773A03/w/erth@ 88 8 2017 1.45 PM 4UJT/Rudra8.7029.8495090.45182442704020.4150103190542404/w/sagar 28 2017 @ 5.00 PM 5 UJT/Shipra 8.3229.920 533 0.496 292.340 8415.6135 73 11 19 4 48 05/w/River 05 8 B2017 @ 8.45 PM 6UJT/1Lalad7.628.1739 1043 0.96NILNIL920360 2.428514021918016194A/MWhariwa06 /17 ter@ 3.45 PM 7 UJT/2Nirma6.2 28.1349 809 0.73NILNIL660 200 19.2200 92 74 75 14 101 A/MWlya @ 71 C/17 3.45 PM ISO 6.5-5002003007530250200 5020010500 8.5 (WHstanda O) rd value D

TRACE ELEMENT ANALYSIS IN WATER SAMPLESFROM MAHAKALESHWER TEMPLE, PREMISE

All value in ppb

Samp19997-I1999 7-219997 -319997-419997-519997-61999 7-7le NameRef UJT/03/UJT/1A/UJT/1B/WUJT/4/W/UJT/01/UJT/2/W/UJT/05/No W/2017WM/200M/2017 2017 W/2017 2017 W/2017 17 LocaKotiTirMahakalTank-RudraSagMunicipaJaladhari Shipra tion ath Jal adhari 2,Offered ar Lake l Water water after River, Pond base Water before jalavishekRamghatoffering Be<0.1<0.1<0.1<0.1<0.1<0.1<0.1Sc2.341.191.17<0.7<0.710.700.7V90.2913.07<510.1711.5311.1811.26Cr<423.4326.31<4<4<4<4Mn<0.590.75237.162.26268.51269.4237.07Fe519.391991 .711448.52164.02299.64265.58259..34Co 0.12 0.74 0.72 0.34 0.64 0.63 0.06 Ni<0.55.752.90<0.5<.0.5<.0.50.0<Cu1.2313.91<0.5<0.517.5610.55<0.5Zn<0.2812.03219.970.216.400.69<0.2Ga<0.1<0.1<0.1<0.1<0.1<0.1<0.1As12.985.962.934.782.692.662.64Se<100<100<100<100<100<100<100

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SUPREME COURT REPORTS

[2018] 4 S.C.R.

ARb13.47202.1565.193.486.436.476.21Sr968.51574.94432.10253.36369.56376.06405.15Y<0.10.110.04<0.01<0.01<0.01<0.01Cd<0.010.100.06<0.01<0.01<0.01<0.01Cs 0.08 0.59 0.19 <0.2 <0.2 0.02 0.02 Ba36.1173.6983.9125.7451.7751.5155.32La<0.03<0.03<0.03<0.03<0.03<0.03<0.03Ce <0.04 0.40 0.13 <0.04 <0.04 <0.04 <0.04 BPr<0.0050.050.03<0.005<0.005<0.005<0.005Nd<0.030.220.110.01<0.03<0.03<0.03Sm<0.030.050.04<0.03<0.03<0.03<0.03Eu<0.03<0.03<0.03<0.03<0.03<0.03<0.03Gd<0.020.050.03<0.02<0.02<0.02<0.02Tb<0.0020.01<0.002<0.002<0.002<0.002<0.002Dy 0.008 0.05 0.03 <0.008 <0.008 <0.008 <0.008 CHo0.0030.010.01<0.003<0.003<0.003<0.003Er<0.005<0.005<0.005<0.005<0.005<0.005<0.005Tm<0.003<0.003<0.003<0.003<0.003<0.003<0.003Yb<0.0060.020.01<0.006<0.006<0.006<0.006Lu<0.003<0.003<0.003<0.003<0.003<0.003<0.003Pb<0.056..032.61<0.5<0.5<0.5<0.5Bi 0.18 0.07 <0.03 <0.03 <0.03 <0.03 0.31 Th<01<0.01<0.01<0.01<0.01<0.01<0.01DU1.27<0.02<0.2<0.20.620.640.76Ti6.9728.1514.127.615.775.735.12Ge<1<1<1<1<1<1<1Zr<0.05<0.05<0.05<0.05<0.05<0.05<0.05Nb<0.1<0.1<0.1<0.1<0.1<0.01<0.1Mo10.365.231.381.371.542,212.06W<0.5<0.5<0.5<0.5<0.5<0.5<0.5ERe0.010.010.01<0.002<0.0020.010.01Hg<1<1<1<1<1<1<1

Hg sample analysed by P.R. Nimje Chemist Chemical Division CentralRegion Geological Survey of India Nagpur Lab on 15.9.2017 and othersamples are analysed by M.S. Dahat, Sr. Chemist, P. Vamshi Krishna,Asst. Chemist under the supervision of Smt. Shobha Rani Suptd ChemistFon 19.9.2017 at Chemical Division Southern Region, GSI HyderabadLab.

CHEMICAL ANALYSIS OF BHASMA OF LINGAM ANDASH SAMPLES FROM MAHAKALESHWER TEMPLE

S .N OR e f. N o .p HS iO 2 %C a o %P %P 2O 5%1A s h ( B h a s h a m ) fr o m 9 . 0 74 2 .0 51 1 .2 01 0 . 0 82 3 .0Gt h e L i n g a m m i x i n s ta n d a rd w a t e r m e d ia (7p H )2A s h f ro m c o w d u n g 9 . 6 65 1 .7 51 2 .3 24 .2 29 .6 7m i x i n s t a n d a rd w a te r m e d ia ( 7 p H ) U j ja in M a r k e t3A s h f ro m c o w d u n g 1 0 .24 6 .3 17 .2 03 .2 27 .3 7m i x i n s t a n d a rd w a te r m e d ia ( 7 p H ) B h o p al HM a r k e t H

As aforesaid report was furnished on 13.10.2017, thereaftersuggestions and objections were invited.

RESPONSE OF THE TEMPLE COMMITTEE TO REPORTOF EXPERT FROM ASI/ GSI :

24. Response to the report has been filed by the Temple Committeeon 13.10.2017. The same is extracted hereunder:

“RESPONSE OF THE RESPONDENT NO.1/ MANDIRSAMITI TO THE REPORT ON THE STUDY/ SURVEY/ANALYSIS/ EXAMINATION OF MAHAKALESHWARJYOTIRLINGAM OF UJJAIN (M.P.0 DATED 02.10.2017CONDUCTED BY THE COMMITTEE CONSTITUTEDBY THIS HON’BLE COURT.

It is submitted that this Hon’ble Court vide order dated 25.08.2017constituted an Expert Committee consisting of two officers ofArchaeological Survey of India and two officers of GeologicalSurvey of India. This Hon‘ble Court directed the Committee soconstituted to study/survey/analyse/examine MahakaleshwarJyotirlingam of Ujjain (M.P.) and prepare a report containing therate at which the deterioration in the size of Lingam is takingplace, if any, and measures/ steps/ precautions to be taken toensure that this deterioration/ shrinkage of the Lingam stops. Letthe Committee also study the other structures and also the templeand submit wheat steps are required to be taken to overall improvethe entire premises and for its preservation.

Further, the Committee was also directed to make a study andreport inter alia as how much deterioration of Lingam has takenplace during the last three-four decades and what remedial steps have to be taken.

In compliance with the same, the Committee constituted by thisHon’ble Court has submitted a report dated 02.10.2017 on03.10.2017.

This Hon’ble Court vide order dated 03.10.2017 allowed theAnswering Respondent to file their suggestions/objections withrespect to the Report.

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AThe Answering Respondent is submitting its pointwise responseto the suggestions, recommendations and remedial measures madeby the Committee constituted by this Hon’ble Court vide AnnexureR-1.

In view of the foregoing is the most respectfully prayed that thisBHon’ble Court may be pleased to pass appropriate order as deemfit and proper and thus render Justice. The Answering Respondentundertakes to comply with all the directions, this Hon’ble Courtmay render in the interest of protection of the Idol.

S. SUGGESTIONS, RESPONSE OF THE CNo.RECOMMENDATIONS MANDIR SAMITI TO AND REMEDIAL THE SUGGESTIONS, MEASURES MADE RECOMMENDATIONS BY THE EXPERT AND REMEDIAL COMMITTEE MEASURES MADE BY CONSTITUTED BY THE COMMITTEE DTHIS HON’BLE CONSTITUTED BY THIS COURTHON’BLE COURT1.The Jyotirlingam rock Agree with the observation.has been identified as orthoquartzite which is Ehard and compact and highly siliceous in nature in which the silica content caries from 75-92% analyzed by portable XRF studies. FApart from visual observation spectral signature by spectroradiometer were collected, matched with the standard signature of Gorthoquartzite available in GSI, spectral lab.2.The deterioration of That the report is based on lingam has been noticed photographs taken in the and increased in last 40-year viz: photo No.1 to 8. 50 years as depicted in The Mandir Samiti is ready C

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photos no 1-4 and 5-8; and willing to take all the deterioration is necessary remedial continuous in nature can measures as recommended be managed with by the expert committee remedial measures.constituted by this Hon'ble BCourt to conserve the lingam namely; minimizing and regulating the water, flowers, and offerings immediately.3.The water of temple The Mandir Samiti shall Cpremises used in install an R.O. plant to Jalabhishek is highly maintain the pH value of alkaline in nature the pH the water at around 7. The value ranges from 8.4 to devotees shall be allowed to 8.7 which is reactive with use on 500 ml of water in a Dthe cryptocrystalline copper vessel onl y.siliceous cementing material of orthoquartzite at room temperature and causing deterioration in EJyotirlingam.4.The tradition of The Mandir Samiti submits Bhasmaarti using ash of that before pouring of ash cow dung (as per temple over the Lingam the Fpujaris) has pH value Committee is ready to cover ranges from 9.07 to 10.20 the Lingam with a cotton in aqueous medium.cloth and after pouring of ash idol would be completely cleaned by Gsuperfine cotton cloth.5.The age-old practices Use of ghee, milk, curd, cannot be stopped but the honey etc. shall be amount of material can restricted to not more than be restricted / minimized 1.25 litres per devotee.

Ain order to reduce Further, this material shall deterioration. The quantity be of ISI standard and a of offering as listed in random check of these puja Annexure I contain milk, materials shall be insured by curd, ghee, honey, sugar, the Committee. leaves, petals, and flowers, Baccumulate in pits promote the growth of bacteria at room temperature in pH variation is also a cause of deterioration. C6.Presence of major and minor After Jalabhishek by the oxide and trace elements of Lingam which concluded by rock enhance the electrical 5 p.m. every day. The conductivity of the water to a Lingam shall be properly high level which can cause cleaned and dried to deposition of salt in pores/ minimize the water content Dpits and chipping of material and thereafter only dry pooja by chemical weathering.shall be permitted every day.7Poor drainage sanitation and The Mandir Samiti submits water spillage were also that the process of expansion spotted in the temple of drainage system is under Epremises. the process and shall be completed at the earliest.8The use of water The Mandir Samiti shall (jal/Gangajal) throughout install an R.O. Plant to the day for Abhishekas of the maintain the pH value of the Jyotirlinga by the devotees water at around 7. The Fshould be restricted to a devotees shall be allowed to minimum.use only 500 ml of water in a copper vessel only.9Use of milk and other milk Use of ghee, milk, curd, products ghee and honey honey etc. shall be restricted should be minimized to a to not more than 1.25 litres Gsmall quantity and made per devotee. Further, these symbolic in nature to satisfy materials shall be of ISI the religious requirement.standard and a random check of these pooja materials shall be insured Hand used.

A10Rubbing of Jaggary/Sugar Rubbing of Sugar powder powder and other powdery shall be banned.on the Jyotirlinga may be restricted/minimized.11Use of lost of flowers/Bel Dryers and fans will be used Patra etc. may also be made to avoid moisture. Belpatra Bsymbolic as the use of such and flowers are used on the huge materials keep the upper part of shivling and do Jyotirlinga wet all the time not at all hinder natural and hinders natural breathing of the stone. breathing of the stone which Cis essential for the good state of the Jyotirlinga.12Use of metal buckets, There are no mechanical offerings posts, and other abrasions since metallic utensils should be replaced utensils used for jalabhishek with wooden/Good Plastic do not touch or abrase the Dmaterials in order to avoid jyotirlinga. mechanical abrasions.13If possible, entry of devotees Offering by devotees cannot in the Grabhgriha may be be avoided as it relates to the limited by making a religious faith of the Emanagement plan. Devotees devotees. However, a may be permitted for short management plan is already duration at a time to avoid made and implemented the crowd in grabhgraha. wherein only limited This is important as there is devotees are permitted at a long single entry door which time.Fis also used as an exit door.14.Every effort should be made To maintain the ambient to keep the Garbhgriha dry temperature of the lingam and clean including the room (Grabhgarh) at 17-20 passage and surroundingsdegree Celsius, more air Gconditioners shall be installed. Further, all efforts shall be made to keep the Grabhagarh and its surroundings dry and clean.

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A15.All the damaged area of Acceptedmarble floorings and sealing of joints etc. should be repaired to avoid water percolation through the Bdamaged area.16.If possible provision may be Acceptedmade for air circulation in the Garbhyagriha17.Arrangements for disposal of Accepted. It is submitted waste may be improved and that Shri Mahakaleshwar Cshould be made more temple is ranked in top 10 effective.most clean Iconic places by Government of India in Swwach Bharat Abhiyan.18.Scientific/Chemical AcceptedDtreatment of any stone object with periodical inspection and preventive conservation may, however, help to preserve the object for quite Elong time but in case of Jyotirlinga it may not be appropriate to consider such treatment as the treatment of the Jyotirlinga may be acceptable to the common Fpeople because of their the faith and religious beliefs. Only preventive conservation methods may be helpful to keep the Jyotirlinga in the Gbest of its conservation state.19.Sincere efforts should be Offering by devotees cannot made to preserve the be avoided as it relates to the originality of the main religious faith of the temple and other structures devotees. However, a of historical importance in management plan is already H

the premises. Modern made wherein only limited materials should be avoided devotees are permitted at a for general maintenance.time. Crowd management and lives of devotees will be of utmost priority forth temple committee. 20.The antiquarian remains of Accepted.the premise including main temple of Mahakal can be classified mainly into four groups; a: some stone sculptures in loose and fixed nature assigned to 7th -8th century AD, b: some sculptures of 11th 12th century AD, c: Main temple and other subsidiary shrines of 18th century and d: Other remains viz. wooden box, copper drum, seating benches and some metal work etc of 19th - 20th century. Numbers of stone sculptures placed in the temple premises at different placed like embed in the walls, on the floors, and in the abandoned rooms needs to the properly maintained, documented, identified and displayed in a proper place so that they could be preserved for future generation and could be in use of researchers and students of art and architecture.

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A21.Some unwanted restoration The Mandir Samiti submits works have been done on the that the constructions work 1st and 2nd floors of the being carried out for best Mahakal temple by laying of and convenient passage for modern tiles on the floor. devotees. Necessary and This sort of flooring does not precautionary works will be Bmatch in any way with the done as lakhs of devotees ambience and old throng the temple during architecture of the temple. Nagpanchmi.On the north and south sides of the temple, iron Cscaffoldings are placed attached to the main temple. We were told that the scaffoldings are provided for installing iron stairs for climbing of the visitors to the Dtemple on the top floor to worship Chandranageshwar. On this floor, a sculpture of Chandranageshwar with his consort is placed inside a niche covered with a glass Ewindow and devotees or visitors would be allowed to reach there. During our visit, we were informed that earlier temporary arrangement was made there Fby way of installation of iron stairs in the occasion of nagapanchami when lacs of visitors used to visit here. Providing of this sort of Ginstallation is not only the eyesore in the ancient temple premise but it would lead a new tradition in future and put an adverse effect on the old temples when such a H

ubmits work best ge for and will be votees during

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Ahuge crowd of devotees will reach Abhishek the top floor. Therefore, it should be avoided for the safety of the public and to maintain the ambiance of Bthe temples. 22.While the campus Acceptedconsisting of old temples Mandir Samiti is carrying have been reflecting with out works to restore the Cwhite, cream and red heritage look of the colors as outer walls and temple. shikhara of almost all the temples are painted with these colors and flooring Dwith tiles and red stones. Besides that, some new constructions have the carried out. This sort of constructions and development in an ancient Eheritage place should be avoided and proper conservation should be carried out with the help of conservators and expert Fof ancient architecture. 23. The significance of AcceptedMahakal temple and Shree Mahakaleshwar Ujjain is not only for the temple management people of Ujjain and committee has plans to GMadhya Pradesh, rather create a heritage cell for for the people of the whole maintenance and country too, therefore restoration of the old keeping this thing in mind, temple and structures it is inevitably required to inside the premise. H

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Adevelop this most religious and heritage site with proper care and maintenance so that its cultural and tangible fabric could not be Bdisturbed. Presently there are numbers of the temples inside the temple premise probably of the same period as the Mahakal temple but these temples are conserved Cin crappy manner by adding eyesore paintings on the walls and some weird addition to the old structures. Some new Dconstructions are done and some other constructions are presently going on there. Therefore, it is suggested that no new construction Emay be allowed within the temple premise and restoration and development of the old temples and structures of the premise may be rectified and Frestored with the assistance of Archaeological Conservators. Apart from the various activities as referred above, Temple Gcommittee can create a heritage cell for maintenance and restoration of the old temples and structures inside the Hpremise.

24. It is stated earlier that AcceptedUjjain is a very ancient Subject to necessary city and there are numbers repairs and maintenances of old structures, temples, for the preservation of the ponds, houses, platforms heritage building to be etc around the temple carried out from time to premise still in extant, time by temple committee. these old structures are the valuable heritage and integral part of temple premise needs to be identified and restored accordingly. If it is possible for the state government, 500 m all around the temple premise can be preserved with old structures and removed from the modern construction. Wherever open space is found, that can be landscaped and developed so that its religious ambiance could be maintained and preserved.

25. On 13.10.2017, following order was passed by this Court:

“Heard learned counsel for the parties.

This Court had constituted a Committee on 25.08.2017consisting of Shri Madan Singh Chauhan, Regional Director(Archaeologist), ASI, Central Region, Bhopal; (ii) Dr. V. K.Saxena, Director (Science), (Archaeological Chemist), ASI,Science Branch, Dehradun; (iii) Shri Hemraj Suryavanshi, Dy.Director, General, State Unit, Madhya Pradesh, GSI, Bopal; and(iv) Shri L.L. Vishwakarma, Director, Su: MP, GSI, Bhopal. Theyhave submitted their reports which are exhaustive. Respondent

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No.1 Temple Committee has filed its response to various proposalsmade by the Expert Committee. They have filed point-wiseresponse contained in Annexure R1. The Temple Committee hassuggested certain remedial measures. In the circumstances, it isappropriate to request the Temple Committee to consider thevarious recommendations. It was also stated that let the Committeetake a decision for implementation of the recommendations whichare to be accepted as it is a primary responsibility for theCommittee to manage the affairs. Let a considered firm decisionThe opening regarding implementation.

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We appreciate the gesture of the counsel for the parties as itis not adversarial litigation but in order to improve the overallsituation and to protect and preserve the Lingam ofMahakaleshwar. It was also stated that the Committee has decidedto regulate the timings etc. and various suggestions were madeduring the course of hearing. Let Committee take a decisionconsidering the overall interest and rise to the occasion by doingthe needful. Let the Committee consider the report of the expertsand its stand taken in the annexure R/1 filed by them and passappropriate resolutions as prayed by counsel for respondent No.1.

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Be listed on 27.10.2017.”

ERESOLUTION DATED 26.10.2017 PASSED BY TEMPLECOMMITTEE:

26. Pursuant to the order dated 13.10.2017, resolution has beenpassed by the Committee on 26.10.2017 filed as Annexure R-1 and thesame is extracted hereunder :

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“Keeping in consideration the suggestions/objections andrecommendations of the Expert Committee constituted by theHon’ble Supreme Court and also in compliance of the order dated13.10.2017 passed by the Hon’ble Supreme Court, the TempleManagement Committee hereby passes the following Resolutioncovering point 1 to 24 of the suggestions/objections andrecommendations of the Expert Committee constituted by theHon’ble Supreme Court to protect and preserve the MahakalShivlinga :- G

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1. That the devotees shall be permitted a fixed amount of watermeasuring 500 ml in an appropriate small pot per devotee forJalabhishek.

2. That the water for Jalabhishek shall be taken from the R.O.machine installed during Simhastha, 2016, for which a connectionshall be provided near the Garbh Grih to maintain the pH value at‘7’.

3. That at present during Bhashma Aarti, half of the lingam isbeing covered with cloth but as per the directions, in fifteen days,the whole of the Shivalingam shall be fully covered with a drycotton cloth during Bhasma Aarti.

4. That for Abhishek only up to maximum 1.25-liter mil/panchamruit per devotee shall be permitted.

5. That after Jalabhishek by the lingam which is concluded by 5P.M. every day. The Lingam shall be properly cleaned and driedto minimize the water content and thereafter only dry pooja shallbe permitted every day.

6. At present captive sewerage, treatment technique is being usedfor treatment and the same shall be continued till the seweragetreatment plant is installed for which steps are being taken whichwill require minimum one year time.

7. That rubbing of sugar powder on Shivlinga has been fully bannedand instead the use of Khandsari is being promoted.

8. That dryers and fans will be used to avoid moisture. Bel Patraand flowers shall be used on the upper part of shivling to avoidany obstruction in natural breathing of stone.

9. That the crowd management shall be strictly followed as doneon big festivals namely Simhashtha, 2016, Mahashivratri,Nagpanchmi and month of Shravan where maximum crowdappears on those holidays and weekends. During such time thecommittee is using barricades for dong Darshna from outside themain Garbhgrih and limited devotee are also permitted in thegarbhgrih at a time. Similar arrangement shall be ensured on normaldays also.

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Various IT proposals have been received to use technologyfor effective crowd managing strategies, e.g. IT based queuemanagement.

10. That all possible efforts shall be taken to maintain an ambienttemperature of the lingam room (Grabhgarh) at 17-20 degreeBCelsius. The Garbhgrih shall be kept dry, neat and tidy. Further,an AUTOMATIC CLIMATE CONTROL SYSTEM usingsensors shall be fitted in Garbhgrih to give information abouttemperature and humidity which shall help in effective regulationand monitoring of environmental factors.

11. That damaged area of marble flooring and sealing of jointsetc. shall be repaired within a period of six months.

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12. That all efforts should be made for creating of heritage celland for restoration/repairs and maintenance of all items of historicalimportance. Steps are being taken for the structure and role ofthe heritage cell.

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13. To preserve antiques in premises of temple nameplates arebeing affixed in front of various small temples mentioning the namesof the temples and their era etc.

14. It shall be ensured that no new significant construction is carriedEout in temple premises but so far as the convenience and smoothpassage in the premises is concerned construction will be donewith a due permission of the competent authorities.

15. It The application that in order to implement the above resolutiona minimum period from one month to one Year may be soughtFfrom the Hon’ble Supreme Court.”

ORDER DATED 27.10.2017

27. Following is the relevant portion of the order was passed byGthis Court on 27.10.2017 :

“During the course of hearing on behalf of respondent No.1-Shri Mahakaleshwar Mandir Committee, a copy of the Resolutionthat has been unanimously passed on 26‘“ October 2017 has beenplaced on record. It is stated that Resolution No.1 to 8 are beingimplemented.

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Mr. Ashok Chitale learned senior counsel for the petitionerhas raised objections to some of the Resolutions that have beenpassed and seeks time to file reply/suggestions which would be inthe interest of all. Let the suggestions be filed by the petitionerand other respondents, if any, within a period of fifteen days fromtoday. Reply thereto may also be filed by the Temple Committeewithin next seven days.

Geological Survey of India and Archeological Survey of Indiamay also submit their proposals within a period of fifteen daysfrom today on the basis of the resolution that has been passed byrespondent No.1 on 26.10.2017 and objections/suggestions to theaforesaid resolution.

List on 30th November 2017.”

RESPONSE OF EXPERT COMMITTEE TO THERESOLUTION DATED 26.10.2017 OF THE TEMPLECOMMITTEE:

28. With respect to the resolution passed by the Temple Committeedated 26.10.2017, the Expert Committee appointed by this Court of ASIand Geological Survey of India has submitted the following suggestions:

“The Expert Committee has gone through the resolutionpassed by the temple committee and submitting followingsuggestion:

We have described in our original report that manyofferings including Jal used during the rituals of abhishekaare the main cause of deterioration to the Jyotirlingam. Wehave suggested all offerings of the material to be symbolic innature with pure quality and treated water of potable qualitywith pH value range from 6.8 to 7.2 to minimize the adverseeffect. Apart from this, the periodical monitoring and propermanagement of these crucial parameters are required tomanage this problem.

Suggestions/ Objections on the resolution passed by thetemple committee are as below:

Resolution of temple Committee:

Keeping in consideration the suggestions/ objections andrecommendations of the Expert Committee constituted by the A

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AHon’ble Supreme Court and also in compliance of the orderdated 13.10.2017 passed by the Hon’ble Supreme Court, theTemple Management Committee hereby passes the followingResolution covering point 1 to 24 of the suggestions/objections and recommendations of the Expert Committeeconstituted by the Hon’ble Supreme Court to protect andBpreserve the Mahakal Shivlinga:-

1. That the devotees shall be permitted a fixed amount of watermeasuring 500 ml in an appropriate small pot per devoteefor Jalabhishek.

Expert Committee’s comment: AgreesC

2. That the water for Jalabhishek shall a from the R.O.machine installed during Simhastha, 2016 for which aconnection shall be provided near the Garbh Griha tomaintain the pH value at ‘7’.

DExpert Committee’s comment: Agrees

Suggestions: The pH value of jalabhishek water may varyas per variation in the source of supply of water whichhas to be controlled by treatment ranging from 6.8 to 7.2pH, but a periodical monitoring may be done formaintaining the above-mentioned range.

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3. That at present during Bhashma Aarti, half of the lingam isbeing covered with clothThe similar but as per thedirections, in fifteen days, the whole of the Shivalingamshall be fully covered with a dry cotton cloth during BhasmaAarti.

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Expert Committee’s suggestion: Due to bhasma aarti ashparticle retained in the pits over the lingam will react withwater and increase its pH value, resulting aggravate thecorrosion process of the lingam, therefore, the lingamshould be fully covered with thick cotton cloth/ transparentpolyfilm during bhasma aarti. The Lingam should bethoroughly cleaned after Bhasma aarti and ensure that allresidual ash particle should be removed from the lingam,then only jalabhishek with clean and potable water withpH value range from 6.8 7.2 may be allowed.

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4. That for Abhishek only up to maximum 1.25-litre milk/panchamruit per devotee shall be permitted.

Expert Committee’s suggestion:

That for Abhishek only up to maximum 1.25-litre milk/

panchamruit per devotee are appropriate, but during therush time and special occasions such amount may increaseenormously, therefore, it is suggested that the quantity maybe reduced to symbolic in nature.

5. That after Jalabhishek of the lingam with is concluded by5 P.M. every day. The Lingam shall be properly cleanedand dried to minimize the water content and thereafter onlydry pooja shall be permitted every day.

Expert committee’s comment: Agrees.

6. At present captive sewerage, treatment technique is beingused for treatment and the same shall be continued till thesewerage treatment plant is installed for which steps arebeing taken with will require minimum one year time.

Expert committee’s suggestion: Kotiteerath water may betreated periodically and ensure that rainwater of the templepremises, as well as drain off water from the templepremises, should not be drained into the pond andcontaminate the kotiteerath pond.

7. That rubbing of sugar powder on Shivlinga has been fullybanned and instead the use of Khandsari is beingpromoted.

Expert Committee suggestion: rubbing of any offeringmaterial may be banned to stop further abrasion of thelingam. A devotee may be allowed to offer their offeringsymbolically but shall not be allowed to rub any materialover the lingam.

8. That dryers and fans will be used to avoid moisture.Belpatra and flowers shall be used on the upper part ofShivling to avoid any obstruction in natural breathing ofstone.

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A Expert Committee’s comment: Agrees

9. That the crowd management shall be strictly followed asdone on big festivals namely Simhashtha, 2016,Mahashivratri, Nagpanchmi and month of Shravan wheremaximum crowd appears on those holidays and weekends.BDuring such time the Committee is using barricades fordong Darshna from outside the main Garbhgrih and limiteddevotee are also permitted in the Garbhgrih at a time.Similar arrangement shall be ensured on normal days also.

Various IT proposals have been received to use technologyCfor effective crowd managing strategies, e.g. IT based queuemanagement.

Expert committee’s comment: Agrees

10. That all possible efforts shall be taken to maintain anambient temperature of the lingam room (Grabhgrah) atD17-20 degree Celsius. The Garbhgrih shall be kept dry,neat and tidy. Further, an AUTOMATIC CLIMATECONTROL SYSTEM using sensors shall be fitted inGarbhgrih to give information about temperature andhumidity which shall help in effective regulation andEmonitoring of environmental factors.

Expert committee’s comment: Agrees

11. That damaged area of marble flooring and sealing of jointsetc. shall be repaired within a period of six months.

Expert committee’s comment: AgreesF

12. That all efforts should be made for the creation of heritagecell and for restoration/ repairs and maintenance of allitems of historical importance. Steps are being taken forthe structure and role of the heritage cell.

GExpert committee’s comment: Agrees

13. To preserve antiques in premises of temple nameplates arebeing affixed in front of various small temples mentioningthe names of the temples and their era etc.

Expert committee’s comment: AgreesH

14. It shall be ensured that no new significant construction iscarried out in temple premises but so far as the convenienceand smooth passage in the premises is concernedconstruction will be done with a due permission of thecompetent authorities.

Expert committee’s comment: Agrees

15. It is further resolved that in order to implement the aboveresolution a minimum period from one month to one Yearmay be sought from the Hon’ble Supreme Court.

Expert committee’s comment: Agrees”

ORDER DATED 30.11.2017:

29. Following order was passed by this Court on 30.11.2017 :

“We are concerned, and so express our anguish, as to theway in which the orders which have been passed so far in thematter are being misrepresented in media and otherwise. Wehave not passed any interim direction with regard to themanner in which the religious ceremonies have to be performedin the Temple at Mahakaleshwar, Ujjain. This Court has notpassed any order whatsoever that, during the Bhasma Aarti,what rituals can, or what rituals cannot be, performed, andneither it is the job of this Court to interfere in such rituals.This Court has not passed any order in this regard. We areconcerned in the petition about the protection of the lingamand how it can be done. For this purpose, this Court hasappointed a Committee of Experts of G.S.I. as well as the A.S.I.,and they have submitted their reports. They are yet to be finallyconsidered by this Court.

A notice issued by the Managing Committee on Board hasbeen placed before us today, indicating that this Court hasdirected that how much water has to be offered on the lingamby the devotees or about the quantity of Panchamrit etc. ThisCourt had issued no such direction. In fact, it appears thatthe Committee itself has taken various decisions and they arebeing implemented. The Notice Board which has been put bythe Managing Committee of the Temple should be removedforthwith i.e. by today itself, and it is open to the Committee A

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Ato put it on the Notice Board as per its resolutions if any. Incase any wrong or misleading reporting is made by the media,in any form, at the instance of any person about the orderpassed by this Court, the person so responsible for such wrongreporting, misrepresentation about the order shall be liableto be dealt with in accordance with law. It is regrettable thatBthere has been wrong reporting at somebody’s instance. Wecaution the parties before us that they should not indulge inany such wrong reporting, in any manner whatsoever, and ifit is found that any wrong reporting is made, the same shallbe viewed seriously, and the person responsible for it shallCbe dealt with in accordance with law.

List the matter for further hearing on 4th December 2017.”

30. As it was noticed that misrepresentation was being made withrespect to the order passed by this Court and unrest was tried to becreated on the ground that this Court is interfering with the religiousDrituals to be performed in the temple during Pooja. Thus we have clarifiedthat we have not interfered with the same. Aforesaid direction holdsgood for this order also and to be scrupulously observed by all concerned.The only objective of entertaining the writ petition on the aforesaid questionwas just to ensure that all the rituals which may be necessary beEperformed however to ensure that the Lingam does not deteriorate anyfurther.

31. It is apparent from the report that there is a decay of theLingam and certain damage has been noted by the Expert Committee.Negative factors have also been pointed out in extensive details. ActivitiesFregarding the daily cleaning of temple premises, gaushala, Vedic samsthan,mandir, rasoi of the temple etc. have been pointed out. The study hasbeen done by Spectroradiometer, portable XRF studies, water analysis,ash analysis, the extent of weathering etc. Various suggestions andrecommendations had been made including the remedial measures Mr.Madan Singh Chauhan, Regional Director, ASI, Central Region, BhopalGreport is contained in the first chapter. The second chapter contains thereport submitted by Dr. V. K. Saxena, Director (Science), ASI, ScienceBranch, Dehradun. The third chapter deals with the Geo-scientific studyof the Shivalinga made by Mr. Hemraj Suryavanshi, Deputy DirectorGeneral and Mr. L. Vishvakarma, Director, Geological Survey of India,HBhopal.

32. It has been noticed in the report of the experts of the ASI andGSI that deterioration of Lingam has taken place during the last 40 to 50years as depicted in photos 1 to 4 and 5 to 8 annexures with the report.It is further observed that the deterioration is continuous in nature andcan be managed with remedial measures.

33. It has been pointed out that the water analysis of the templepremises used in the Jalabhishekam is highly alkaline in nature and pHvalue ranges from 8.4 to 8.7. Various other causes have been delineatedin the report of the experts. In all 24 causes have been given. Milkparticularly contaminated one, sugar, leaves, petals and flowers, poordrainage sanitation and water spillage, use of the water should be minimum.Rubbing of jaggery/sugar powder should be restricted or minimized. Useof a lot of flowers and leaves also keeps the Jyotirlingam wet all the timeand hinders natural breathing of the stone of Jyotirlingam. Use of metalbuckets, pots, utensils also causes abrasions to the Lingam. If possibleentry of devotees in Garbh Griha should be limited. Garbh Griha shouldbe kept dry and clean. There should be proper air circulation in GarbhGriha. Arrangements for disposal of waste may be improved and shouldbe made more effective. Since scientific/chemical treatment may not beacceptable, preventive conservation methods may be helpful to keep theJyotirlingam in the best of its conservation state. Considering the historicalimportance of the premises, use of modern materials in the premisesshould be avoided so as to maintain the antiquity. There is a need toidentify the sculptures and they are required to be properly documentedand identified.

34. Some unwarranted restoration work has also been noticed bythe Committee in para 21. That should be looked after and remedialmeasures should be taken as suggested in the report.

35. In para 22 certain new constructions have been pointed out.Let the conservation be carried out with the help of conservator andexperts of ancient architecture. Other suggestions have been made inthe report. Paras 1 to 24 of these are required to be looked into andsuitable remedial measures should be taken by the Temple Committee.Remedial measures suggested in the report with respect to water quality,maintaining the pH value from 6.8 to 7.2, cleaning of Jyotirlingam, alsorequires to be observed in the best possible manner by the Committeeand ambient temperature be maintained from 17 to 20 degree Celsius.Use of ghee, milk, curd, honey etc. be minimized.

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A36. There should be proper disposal of temple garbage and it shouldbe ensured that it does not contaminate the Kotiteerath Pond. Betteruse of flowers would be that they are recycled for the production ofscent/itra. For that project may be prepared by the administration withthe help of concerned bodies or on the basis of PPP. Cleaning methodsshould be modernized.B

37. It is apparent from the response of the Committee filed pursuantto the order dated 25.8.2017 of this Court that the Committee has agreed(1) to save the Lingam by minimizing the flowers and offerings material.(2) It has also been resolved that the Temple Committee shall install anRO plant to maintain pH value of water at 7 and devotees should beCallowed to use minimum water. (3) Temple Committee has also resolvedthat during Bhasma Aarti also they will take appropriate steps whichmay be permissible. (4) As permissible, use of ghee, milk, curd, andhoney shall be restricted per devotee. These materials shall be of ISIstandards. (5) Lingam shall be properly cleaned and dried after Puja. (6)DExpansion of drainage system was under process and be completed atthe earliest. (7) Rubbing of sugar powder on the Lingam shall be banned.(8) It would be ensured that there is no harm caused to the Jyotirlingam.(9) There is a management plan to permit limited devotees at one time inGarbh Griha so that there is no stampede. (10) They are ready to maintainthe temperature of garbhgriha from 17 to 20 degree Celsius. There shouldEbe more air conditioners. (11) Damaged area of marble flooring andsealing of joints shall be repaired. (12) Provision has to made for propercirculation of air in garbh griha. (13) Arrangements for disposal of wasteshave to be improved.

38. Preventive conservation methods shall be used by theFCommittee. Efforts shall be made to preserve the originality and antiquityof the temple.

39. They have to also ensure that they will undertake necessarysteps for saving structure and life of devotees during Nagpanchmi. Leta plan in this regard be prepared within two months. It is also directedGthat let them make an effort for the preservation of historical monumentthe new development work if any, should only be made to match withancient nature of the temple so that its heritage look is maintained. As tothe recommendations as mentioned in para 22 of the report of the ExpertsCommittee, same have been accepted by the Committee. Let the H

Committee implement the recommendations as agreed to and resolvedby it. Considering the national and international importance, TempleCommittee has rightly resolved to create a Heritage Cell for maintenanceand restoration of the old temples and structures inside the premises.Let such cell be created at the earliest.

40. In compliance of the order dated 13.10.2017 the Committeehas passed various resolutions accepting various recommendation ofthe Expert Committee quoted above. The Expert Committee of ASI andGSI has filed response to the various resolutions passed by the Committee.The Expert Committee has also agreed with most of the resolutions.However, it has made certain suggestions which are to be considered bythe Committee and implemented in best possible manner.

41. Expert Committee suggestion in respect of Kotiteerath Pondwater to be treated periodically and to ensure that the rainwater of templepremises, as well as drainage water from the temple premises, shouldnot be drained into the pond and contaminate the Kotiteerath Pond. Hasto be implemented in true spirit.

42. Committee of expert has also suggested that rubbing of anyoffering by devotees may be stopped. Devotees may be allowed to offertheir offerings symbolically but not to be allowed to rub any materialover the Lingam. Let the Committee consider the aforesaid aspects andto ensure that as far as possible no rubbing is done by the devotees onthe Lingam or by any material. The committee has also pointed out thatno new significant construction to be carried out in the temple premisesexcept so far as convenience and smooth passage in the premises isconcerned, let the resolutions be carried out and fully implemented asresolved by the Committee on time bound basis for different stages withinone year.

43. With respect to the method of “lingarchan”, i.e. the method oflinga pooja, the 27th chapter of “Ling Mahapuranm” has been placed onrecord. That contains a detailed method of lingarchan running into 54strotam. Apart from that “Shiv Mahapuranam”, Vayveey Sanhitacontaining details of Shastrokt Shiv Poojan method in twentyforth chapterhas been placed on record. Pooja of different lingam may be somewhatdifferent. It is for the experts in the field of religion to decide about therituals and ceremonies to be performed. It is not for this Court to makesuggestions in this regard.

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A44. It is not within the jurisdiction of this Court to dictate or toprescribe or restrain the religious practices and Pujas to be performed intemple. They are required to be performed, as rightly pointed out, inaccordance with the ancient rituals and practices but, at the same time,it has to be ensured that no damage is caused to the lingam. The templewhich is known as Mritunjaya Mahadev and is most ancient JyotirlingamBin one of the ancient cities of India, Ujjain. ‘Simhast’ is also organised 6years and 12 years which has international importance visited by severalmillions of people. The Government spends thousands of crores of rupeesfor development of infrastructure in Ujjain for each such occasion andlot of development has taken place. Owing to all these developmentCwork, Ujjain has come up. But at the same time very cause of alldevelopments, the Lingam of Lord Shiva requires to be preserved,protected by way of preventive conservation methods.

45. In order to ensure purity of pooja materials and to preventfurther erosion of Lingam it would be appropriate and fitness of thingsDthat a plan is prepared regarding the entire offering materials on thelingam to be manufactured and provided by temple itself as is done inseveral famous temples in the Southern part of India and other places.By pouring the adulterated Milk, Ghee, Kumkum, Gulal, Abir containingchemicals due to adulteration is improper and cannot be permitted to bepart of the ritual. Lingam cannot be permitted to be destroyed by chemicalEreactions of impure materials or by pouring of the dirty water such actsof offerings cannot be allowed and as are done innocently by the peopleunaware of ill effect on lingam. Had devotees been aware of all these,adverse effect of their Puja on the Lingam of their God itself of whichthey are performing Puja for the spiritual or other gains they would not Fhave even dreamt of doing it. Let the Temple Committee and otherstakeholders rise to the occasion and take positive steps in this directionin reasonable time.

46. It was also pointed out that use of Bhang (cannabis) has beenstarted in recent past. It has been started approximately for the last 50Gyears and that is one of the causes of erosion as per the petitioner.Earlier it used to be offered symbolically. It is for the Temple Committeeto decide on these rituals and which material to be used by it and inwhich quantity for purpose of Puja by Temple and for how much time, inwhat manner Bhang should be applied and in what rituals. Let Committeeconsider it with help of scriptures and experts. How its use can be bestH

modulated by the Committee itself, considering past practices, as theultimate duty of Committee is to make preservation of the Lingam itselffor its existence and for that it has to consider and adopt what is the bestmode of performing the rituals, what are the materials which should beused and in what quantity but it has to be ensured that the materials arenot impure and are without such chemicals which may cause erosion ofthe lingam itself otherwise the very purpose of Puja would be defeated.

47. Puja is to be performed in such a manner which should bebefitting to the deity and not to cause erosion itself of lingam for whichso much infrastructure exists. Lingam is known as ‘MrityunjayaMahadev’, who prevents from destruction, it cannot be permitted to bedestructed. Lingam cannot be permitted to be exploited in a manner it isdestroyed. If one believes in the concept of real pooja, such Pooja is tobe performed by pure materials as purest of thoughts. No spiritual orother gain can come if Puja is performed in a manner which damagesthe deity itself as that would amount to displeasing the saviour. Thatwould be against the basic tenets of performance of Pooja and of makingofferings.

48. Let the Temple Committee also invite and consider variousviews for further improvement of the temple. Let the Temple Committeemake an endeavour along with other stakeholders to prepare/manufacturethe offering material in purest of the form and by such time it becomesa reality to make an arrangement in such a manner that only pure andunadulterated materials are offered in pooja on Lingam. No impure andadulterated material is offered in Puja and the resolutions made by theTemple Committee are scrupulously observed by all concerned.

49. Let a concrete plan be made by the Committee for furtherimprovement including its Gaushalas. Let existing Gaushala and kitchenbe improved and modernize and for that purpose, in case, additional landis required, plan be prepared and implemented with the help of allconcerned so that temple becomes self-sufficient to provide all poojamaterial based on milk product etc.

50. On merits, we find that the decision by the Single Bench hasrightly been set aside by the Division Bench for the various reasonsmentioned in the order and in particular in view of the fact that in theimpugned order the Division Bench has relied on decision in RamchandraMangilal & Ors. v. State of M.P. ILR (1991) MP 444 = (1987) MPLJ

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A668 which had been affirmed by this Court as SLP against it was dismissed.Hence no case for interference on merits is made out.

51. We appreciate the gesture to all concerned in acting withpositivity for the preservation of Lingam. We direct the ASI and GSIteams as has been constituted that has visited and had submitted theBreport to make a visit in January 2019 and submit a report in this regardwith respect to the position of the lingam and improvements made as persuggestions made in the report.

52. Before parting with the judgment, we would like to reiteratethat there should not be any misreporting of the Court’s order, as specifiedCin our order dated 30.11.2017. Any violation on this count shall be viewedseriously and sternly with appropriate consequences, wherever necessary.It is hereby made clear that we have not interfered with religiousceremonies to be performed in the Temple. Registry is directed to preservethe original combined report of the Expert Committee as part of therecord as it is a valuable document.D

53. The appeal is accordingly disposed of.

54. We appreciate the assistance rendered by Mr. Tushar Mehta,the Additional Solicitor General of India, and all other counsel whoappeared in this case for various parties and also appreciate the gestureEof the experts of the Expert Committee.

Nidhi Jain

Appeal disposed of.

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