New Delhi, April 21, 2025 — The Supreme Court has agreed to examine whether High Courts, under the jurisdiction of Section 482 of the Criminal Procedure Code (CrPC), have the authority to issue directions concerning the management of temple affairs, including the placement of idols.
A bench comprising Justice Vikram Nath and Justice K.V. Viswanathan was hearing a challenge to the Himachal Pradesh High Court’s order that directed the shifting of a centuries-old Durga idol to a newly constructed temple complex. This order was passed while the High Court was hearing a petition under Section 482 of the CrPC, which allows High Courts to make orders to secure the ends of justice or prevent abuse of the court process.
Case Background
The case concerns a dispute over the handling of ancient idols of Maa Durga during renovations of a temple. Senior Advocate K. Parameshwar, representing the petitioner, informed the Court that the High Court had passed an order under Section 482 CrPC in a matter involving a conflict between two factions of a temple committee. The dispute arose when the temple, which was undergoing renovations, shifted its idols to a temporary location. Subsequently, a new temple was built, and new idols were installed.
Parameshwar explained that the temple committee had formed two factions, with one faction alleging that the ancient idols were stolen by a member of the other faction. An FIR was filed by one faction alleging theft, and the matter was initially brought before a magistrate, who ruled that a criminal case was not appropriate in this context. The magistrate instead advised the parties to resolve the issue through a civil suit.
However, a new temple was constructed, and new idols were placed there after a pran prathishtha ceremony, conducted with the consent of the villagers. The matter was then brought before the High Court through a Section 482 petition, seeking resolution.
High Court’s Order and Subsequent Developments
The Himachal Pradesh High Court, in its October 2023 order, had agreed on a compromise between the factions, allowing the new idols to remain in the newly constructed temple, while the ancient idols would also be placed in the same temple after a fresh pran prathishtha ceremony during the Navaratras of 2023. However, the respondents later filed a modification application, seeking changes to the earlier compromise.
In its latest order, the High Court directed the construction of a separate temple with specific dimensions in the newly constructed complex, where the new idols would be placed. The Court stipulated that the new idols, three in number, should be kept with due regard and honor in the new temple, in line with the October 2023 order.
Supreme Court’s Observations
During the hearing before the Supreme Court, Parameshwar contended that the High Court’s intervention under Section 482 CrPC in temple management was improper, as the temple’s internal matters should have been dealt with through civil suits and not criminal jurisdiction.
The counsel for the respondents, Advocate Ajay Marwah, raised objections to the submissions, claiming that the facts presented before the bench were distorted. He alleged that a member of the temple committee had stolen the ancient idols and replaced them with new ones in order to gain control of the temple.
Marwah requested the Court to allow the temple to be opened for public access during the upcoming Devi Durga festival from May 29 to May 31. However, Justice Vikram Nath rejected this request, stating:
“Talwar chalaiye waha par…bhagwan ke naam par aur kuch nahi karna hai, bas ladai karna hai! It’s very unfortunate, No.”
The bench further directed the counsel to approach the Special General Meeting (SGM) of the temple committee to discuss the opening of the temple during the festival.
Court’s Interim Stay and Further Hearing
The Supreme Court has continued the interim stay on the Himachal Pradesh High Court’s order, which was passed on January 10, 2025. The matter is now scheduled for further hearing on May 20, 2025.
Case Details
Case Title: Arpit Khoda v. State of Himachal Pradesh
Case Number: SLP(Crl) No. 000838/2025
