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The Madras High Court has directed the Hindu Religious and Charitable Endowments (HR&CE) department of Tamil Nadu to refrain from taking any decision on melting temple jewelry into gold until Trustees are appointed to the Hindu temples of the State.

A Division Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu passed the interim orders on a batch of public interest litigation petitions filed by Indic Collective Trust.

Court has, however, permitted the HR&CE department to take inventory of jewelry and other valuables which form part of offerings made by devotees to various temples.

In September this year, the department Commissioner had issued instructions to all temple authorities to melt the offered gold to be used in other forms for temple renovation/restoration. The petitioner had knocked court’s door challenging this decision.

As per Rule 12 of the of the Religious Institutions Custody of Jewels, Valuables and Documents and Disposal Rules, 1961, the Commissioner has the authority to issue instructions to the trustee “as may be necessary for the preservation or otherwise of the articles; where the articles may be jewels, vahanams or other valuables in the temple.”

Equally, Rule 13 gives authority to the trustee, subject to obtaining previous sanction of the competent authority, to melt any jewels or valuables in the temple.

Taking note of this ambiguity, the court said that the problem has arisen since trustees have not been installed in the temples over a considerable period of time and held that the matter requires consideration.

During the hearing, the petitioners had insisted that upon a reading of Rules 11 to 13 of the said Rules, it suggests that the decision as to whether any jewellery or other valuables belonging to a temple has to be disposed of or preserved, primarily rests with the trustees and permission may be granted in such regard by the Commissioner upon the trustees seeking such permission.

It was contended by the petitioners that Commissioner is the permission granting authority, but it is not open to the Commissioner to decide suo motu as to what valuables or properties of a temple may be preserved and what others may be disposed of.

Petitioner had also argued that since the temples are governed by their customs, the individual practices which are followed thereat, therefore the nature of the functioning of the temples and the manner in which the properties of the temples, including the offerings, may be dealt with subject to the decision of the trustees.

On the other hand, the Advocate-General appearing on behalf of the State had argued that it has been the usual practice of melting the offerings made in gold at temples across the State. AG submitted that around Rs.11.5 crore have been earned from such process which had, apparently, been used for the purpose of restoration and renovation of the temples.

He had further averred that for the last decade or so these matters have not received the attention and gold and other offerings which have been dropped in the collection boxes have not been taken out to be assessed or even preserved or melted.

He also stressed that most of the temples require immediate attention and substantial funds are necessary for the renovation and restoration.

Therefore, considering submission of both the parties, Court noted that the offerings made over the last several years may not even have been inventorised, however, a committee consisting retired Judge of the Supreme Court and Madras High Court has been put in place which will oversee the conduct of inventory at each temple complex.

Accordingly, stating that while it may be perfectly in order for inventories to be carried out in an appropriate manner under the supervision of the committee, the decision regarding the temple jewels and offerings would not take place until temple trustees are appointed.

The matter is listed next on December 15, when related petitions concerning the appointment of trustees to temples in Tamil Nadu will also be taken up.

The Court has also granted the petitioners liberty to move the High Court before this date, if there is any exigency. The State has been permitted to file a common counter to all the petitions.

Case Title: Indic Collective Trust and Anr v. State of Tamil Nadu and Anr.