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In the order, the court took into account the “recent unfortunate jagran incident” that occurred in the intervening night of January 27 and 28 and sought a status report in relation to the probe, which is to be conducted expeditiously. The 45-year-old woman died and 17 people were injured during the “jagran” (religious function), which was organised at the Mahant Parishar of the temple. Around 1,600 people attended the event
In the wake of a tragic incident where a 45-year-old woman lost her life due to the collapse of a stage during a religious function at Kalkaji Temple, the Delhi High Court has issued a significant directive.
The bench of Justice Prathiba M. Singh, overseeing the case, has mandated that no "jagran" or similar event shall take place at the temple without prior permission from the court.
Justice Singh emphasized that the temple is under the complete management and control of an administrator appointed by the High Court, stressing that its premises are intended for public use. Consequently, no individual or entity can claim exclusive control over any part of it.
"The learned administrator having been appointed and given full management and control, any event that has to be organised would require permission. Without the same, no programme shall be organised within the mandir precincts," the court declared.
The court's ruling follows an incident in late January where the aforementioned religious function resulted in the unfortunate demise of a woman and injuries to 17 others. This event was organized without authorization from the temple's administrator.
In response to the incident, the court has called for an expeditious investigation and sought a status report regarding the probe. It directed the administrator to take steps for the revival of the Shri Kalkaji Mandir Prabandhak Sudhar Committee to manage volunteers for crowd control.
Furthermore, Justice Singh underscored that various societies claiming to operate from the temple premises cannot hold programs without permission from the administrator.
The court reaffirmed that the entire management and administration of Shri Kalkaji Mandir must remain under the supervision of the appointed administrator, without any external control.
“The entire management, control, and administration of Shri Kalkaji Mandir has to be only under the supervision of the learned administrator and not under the control of any other person, society, or entity. The premises of the Kalkaji Mandir is for the use by the public, and no individual or entity can exercise exclusive control on any part of the said premises,” it said.
The order stems from a batch of petitions addressing civic amenities and cleanliness in and around the Kalkaji temple complex. In 2021, Justice Singh appointed a retired high court judge, J. R. Midha, as the temple administrator, tasking him with various responsibilities related to the religious site's functioning.
Additionally, the court directed the removal of encroachments and unauthorized occupants from the temple premises and appointed an architect to submit a redevelopment plan for the temple and its surrounding complex.
"The SHO, Kalkaji submits that an FIR has been registered in respect of the incident. Let the investigation be conducted in an expeditious manner and a status report placed by the next date of hearing before the court, stating as to who were the persons responsible for the incident,” the court said in its order dated February 20.
Case Title: Neeta Bhardwaj & Ors. v. Kamlesh Sharma
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