The Supreme Court on Friday refused to entertain a
PIL against the practice of charging an additional fee for "VIP
darshan" and according of preferential, selective and special treatment to
a certain class of people in temples.
A bench comprising Chief Justice Sanjiv Khanna and
Justice Sanjay Kumar said it was for the society and temple management to
decide the issue and the court cannot pass any direction.
"While we may be of the opinion that no special
treatment should be given but this court cannot issue directions. We do not
think it is a fit case to exercise jurisdiction under Article 32 of the
Constitution. However, we clarify that dismissal of the petition will not bar
the appropriate authorities from taking appropriate action as required,"
the bench said.
Advocate Akash Vashishtha, representing the
petitioner, argued there is some Standard Operating Procedure required as there
are 12 Jyotirlingas and this completely arbitrary practice of "VIP
darshan".
The top court was hearing a plea filed by Vijay
Kishor Goswami, 'sevait' at Shri Radha Madan Mohan Temple in Vrindavan, on the
issue.
The plea said the practice violated the principles
of equality enshrined in Articles 14 and 21 of the Constitution, as it
discriminated against devotees unable to afford the fee.
The petition also raised several concerns about the
additional fee charged for an expedited access to temple deities.
The plea said charging fee ranging between Rs 400
and Rs 500 for the special darshan privileges created a divide between the
affluent devotees and those who were unable to afford such charges,
particularly disadvantaged women, persons with disabilities, and senior
citizens.
It said that despite representations made to the
home ministry, only a directive was issued to Andhra Pradesh, while other
states like Uttarakhand, Uttar Pradesh, and Madhya Pradesh remained
unaddressed.
The plea, therefore, sought a direction to declare
the levying of the additional fee violative of the constitutional rights of
equality and religious freedom.
It sought directions to ensure equal treatment for
all devotees in temple premises and framing of standard operating procedures by
the Centre to ensure equitable access to temples.
The plea further sought setting up of a national
board to oversee the management and administration of temples nationwide.