The Jammu & Kashmir High Court has issued a significant order by halting the government's attempt to bring the Shri Nav Durga Jhaleri Mata Shrine under the Shiv Khori Shrine Board’s control. This came in response to a writ petition filed by a trust managing the shrine, challenging the move as unconstitutional and without legislative backing.
The shrine, located in Village Pangal of Katra tehsil, Reasi district, houses a naturally occurring deity in a cave. However, there is a dispute over the exact Khasra number of the land where the shrine is located.
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Justice Rahul Bharti observed,
"It is the Court’s concern to ensure the affairs of the deity are not mismanaged or mishandled, whether by self-proclaimed custodians or external bodies."
The Court stayed the Divisional Commissioner’s communication dated April 28, 2025, which aimed to hand over the shrine’s control to the Shiv Khori Board until fresh legislation is framed.
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The petitioner argued that such an executive action, without proper legal authority, amounted to a "hostile takeover" of a Hindu religious institution. The trust contended that only the Hindu community should manage the shrine's religious affairs, not the state administration.
Justice Bharti further noted the absence of an Advocate General in the UT, which is stalling the implementation of Section 92 of the Civil Procedure Code, a key provision for handling religious institutions with transparency and fairness.
The court also addressed concerns raised by Advocate Aseem Kumar Sawhney, representing a devotee, who emphasized that the shrine must be protected from turning into a source of monopoly or business by any party. The judge referred to earlier directions from the Division Bench in PIL matters that permitted the government to oversee shrine management temporarily but within constitutional limits.
To ensure smooth functioning, the Court has:
- Appointed the CEO of Shri Mata Vaishno Devi Shrine Board as ex-officio interim administrator/receiver.
- Ordered that all donations to the deity be received and accounted for by the CEO, with no expenditure allowed without Court permission.
"The Deity is a perpetual minor under law, and protecting its interests is a duty of the Court," the judge remarked, emphasizing judicial responsibility.
All respondents, including the UT administration and a caveator devotee, were directed to file their replies within four weeks. The Shri Mata Vaishno Devi Shrine Board was also impleaded suo motu as a pro forma respondent.
The next hearing is scheduled for July 16, 2025.
Case-Title: Shri Nav Durga Jhaleri Mata Trust vs UT of J&K, 2025
