Dr. Bimala Shankar Mishra @ Bimala ... vs The State Of Bihar
2023 Latest Caselaw 802 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.9260 of 2022
     ======================================================

Dr. Bimala Shankar Mishra @ Bimala Shankar Mishra Son of Late Ram Nagina Mishra Resident of Mitralok Colony, Pandey Patti, P.S.- Muffasil, P.O.- Boksa, District- Buxar, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar Through Principal Secretary, Home Department, Govt. of Bihar, Patna.

2. The Inspector General, Prison Bihar, Patna.

3. The District Magistrate Buxar, Bihar.

4. The Superintendent of Police Buxar, Bihar.

5. The Superintendent of Jail Central Jail, Buxar, Bihar.

6. The Jailer Central Jail, Buxar.

7. The Sub- Divisional Officer Buxar, Bihar.

8. The Circle Officer Buxar, Bihar.

9. The Bihar State Religious Trust Board Through its Secretary, Vidyapati Marag, Patna- 800001.

10. The President Bihar State Religious Trust Board, Vidyapati Marag, Patna-

800001.

11. Union of India through the Secretary, Ministry of Jal Shakti, New Delhi-

110001

12. The Secretary, Ministry of Jal Shakti, New Delhi- 110001

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv.

     For the UOI            :          Mr. Anshuman Singh, CGC
     For the State          :          Mr. Anjani Kumar, AAG-4

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 17-02-2023 Patna High Court CWJC No.9260 of 2022 dt.17-02-2023

Heard Mr. Sanjeev Kumar for the writ petitioner

and Mr. Anjani Kumar, learned Additional Advocate

General No.4, for the State.

This writ application for issuance of a writ in the

nature of mandamus commanding upon the respondents to

throw open Lord Baman Temple to public has been

entertained by this Court on several occasions.

It has been urged by the writ petitioner that Lord

Baman, who is the 5th incarnate of Lord Vishnu, is the

principal deity of the temple, which is situated inside the

Buxar Jail premises. It always depends, it has been

argued, upon the wishes of the jail

Authorities/Administration to open such temple for public

worship as and when situation so arises especially during

special days of festivities.

The suggestion of the writ petitioner is that since

the temple is located at the outer extremity of the jail

premises, a boundary wall could be erected, covering the

area of the temple, which could then be dedicated to the Patna High Court CWJC No.9260 of 2022 dt.17-02-2023

temple only and that would not cause any security risk for

the jail Administration.

Considering this aspect of the matter, a Co-

ordinate Bench of this Court took into account the

suggestions offered by the parties and also called for

affidavits in that regard from various stake holders

including Bihar State Board of Religious Trust, Patna, the

District Magistrate and Superintendent of Police of Buxar

and the Jail Superintendent, Buxar.

It was agreed upon by the parties that the temple

be given a face-lift and necessary/appurtenant structure be

made to attract tourist as also open the temple for the

public on all days to offer their prayers but, only after due

permission of the authorities.

It further appears from one of the orders of this

Court that a Committee has already been constituted; a

priest designated and a Bank account opened for the

maintenance of the temple.

Patna High Court CWJC No.9260 of 2022 dt.17-02-2023

The Inspector of the Bihar State Religious Trust

Board has also made a visit to the situs of the temple and

has found that it could be secluded by erecting a wall so

that it does not cause any security hazard for the Jail

Administration.

We are satisfied with the efforts made by the

District Administration, specially an effort of the District

Magistrate to take help from "Namami Gange" Project for

beautification of the surroundings.

We do not wish to entertain this petition any

further for two reasons. Article 25 of the Constitution of

India provides freedom of conscience and free profession,

practice, and propagation of religion. A Hindu religious

institution of a public character could be thrown open to all

classes and sections of Hindu but, such decision of the

Government, which would be a temporal issue, is

circumscribed by conditions of public order, morality and

health and other provisions of Para-III of the Constitution

of India.

Patna High Court CWJC No.9260 of 2022 dt.17-02-2023

As it appears from the pleadings, the temple in

question is not a denominational temple and there is no

dispute inter-se for control of its affairs. All that the

petitioner wants is a continuous ingress and egress to the

temple for offering worship for which the State

administration is contemplating and has worked in that

direction.

No doubt, a person has a right to visit a temple

but, if such temple is situated inside the jail premises, it

would only be the decision and call of the Government

whether to throw it open to public. It purely falls under the

domain of temporal/secular aspect of the governance for

which no mandamus can be issued.

However, we note with satisfaction that steps

have been taken towards that end, viz. maintenance of the

temple and making efforts for opening it for the public at

large, subject to conditions that would be in consonance

with and not in derogation of the public safety of the

Institution of Jail.

Patna High Court CWJC No.9260 of 2022 dt.17-02-2023

We do not wish to say any further.

The petition is consigned.

(Ashutosh Kumar, J)

( Harish Kumar, J) rishi/-

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Uploading Date          21.02.2023
Transmission Date