Ex-judge SK Kaul named mediator in TN temple ritual dispute
In a significant move to resolve one of the longest-running religious disputes, the Supreme Court on Wednesday appointed former judge Sanjay Kishan Kaul as principal mediator to settle the 120-year-old conflict between two sects of Sri Vaishnavas over the performance of rituals at the historic Sri Devarajaswamy Temple at Kanchipuram in Tamil Nadu.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing an appeal of S Narayanan challenging a Madras High Court verdict that dismissed a petition seeking permission for the Vadakalai sect to recite prayers inside the sanctum sanctorum of the temple. The dispute pertains to ritual recitals within the temple, where historically the Thenkalai sect has been performing prayers.
The petitioners contended that members of the Vadakalai sect were being unlawfully denied the right to participate in the rituals, despite being recognised as a religious denomination.
“Learned senior counsels have gracefully agreed to mediation so that the day-to-day rituals can be performed in an amicable manner. In this regard, we request Mr Sanjay Kishan Kaul, former judge of this court, who was the Chief Justice of Madras High Court also, to act as the principal mediator. “Justice Kaul may associate two more persons of his choice who are well conversant in Tamil and Sanskrit languages, rituals and the religious history of the temple,” the CJI said in the order after both parties agreed to go for mediation for amicable resolution of the dispute.
The bench has now fixed the plea for consideration on March 13.
In December last year, a division bench of the Madras High Court upheld the exclusive rights of the Thengalai community to perform the Adhiapaka Mirasi (official ceremonial worship) at the temple.
The High Court had dismissed challenges raised by Vadagalai members seeking to recite their own mantram and prabandham during ceremonial worship, holding that such attempts would violate settled judicial decrees and disturb public order.
Senior advocates CS Vaidyanathan, Satish Parasaran and Arvind P Datar, appeared for the petitioners in the Supreme Court. During the brief hearing, the petitioners assailed the High Court verdict, saying it relied heavily on pre-Constitution decisions that recognised hereditary Adhiapaka Mirasi rights of the Thenkalai sect.
They said the High Court order was incompatible with Article 25 of the Constitution, which guarantees freedom of religion.
They also said that the High Court failed to adequately consider the impact of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1971, which abolished hereditary religious service in temples, and consequently rendering earlier judicial precedents recognising such hereditary rights obsolete. Appearing for the respondents, another counsel submitted that the ritual recitals by the Thenkalai sect date back over 300 years and are deeply embedded in the temple’s traditions and established practices.
Datar emphasised the need for courts to uphold the constitutional value of “fraternity” and suggested that an amicable resolution between the two sects would be preferable to prolonged litigation.
He informed the bench that during the COVID-19 pandemic, a flexible arrangement had been worked out wherein each sect was allowed to chant its respective mantras for 20 seconds. However, he pointed out that this arrangement was later discontinued, with the temple administration directing that recitals be performed only by the Thenkalai sect.
Taking note of the submissions and the willingness of both parties to explore a consensual solution, the bench recorded that senior counsel on both sides had “graciously agreed” to refer the matter to mediation and passed the order appointing Justice Kaul as principal mediator.
