SC Appoints Justice Kaul as Mediator in 120-Year-Old Kanchipuram Temple Dispute
NEW DELHI: In a significant move to resolve one of India’s oldest religious disputes, the Supreme Court on Wednesday appointed former supreme court judge Sanjay Kishan Kaul as chief mediator to resolve the 120-year-old dispute over the performance of rituals between two Sri Vaishnava sects at the Sri Devarajaswami Temple in Kanchipuram, Tamil Nadu.
A two-judge bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi gave the order while hearing S. Narayanan’s appeal against the Madras High Court order rejecting the Vadakalai sect’s plea to be allowed to recite prayers in the sanctum sanctorum of the temple.
Noting that both parties agreed to mediate, the CJI said the senior advocate “graciously agreed” to find an amicable solution so that daily rituals can be performed without dispute. Justice Kaul was asked to act as chief mediator and was given the freedom to associate two more persons of his choice who were knowledgeable in Tamil and Sanskrit, temple rituals and the religious history of the temple.
The high court sent the matter for further consideration on March 13.
The dispute centers on ritual recitals at the temple where the Thenkalai sect traditionally worships. The petitioners alleged that members of the Vadakalai sect, despite being recognized as a religious sect, were unlawfully denied their right to participate in rituals.
In December last year, a division bench of the Madras High Court upheld the Thenkalai community’s exclusive Adhiapaka Mirasi (ceremonial worship) rights at the temple. He dismissed the objections of Vadakalai members who attempted to recite their mantras and prabandhams during ceremonial worship on the grounds that such practices would violate established judicial orders and disrupt public order.
Senior advocates C.S. Vaidyanathan, Satish Parasaran and Arvind P. Datar, appearing for the petitioners in the Supreme Court, argued that the Supreme Court relied heavily on pre-Constitution decisions recognizing the hereditary rights of the Adhiapaka Heritage and that this was inconsistent with Article 25 of the Constitution, which guarantees freedom of religion.
They also argued that the Supreme Court had failed to adequately consider the impact of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1971, which abolished hereditary religious services in temples and overruled earlier precedents.
Counsel for the respondents stated that Thenkalai ritual recitals have a history of over 300 years and are deeply rooted in the established traditions of the temple. While underlining the constitutional value of fraternity, Mr. Datar suggested that a negotiated solution would be preferable to protracted litigation.
He also informed the court that during the Covid-19 pandemic, a temporary arrangement allowed each sect to chant their own mantras for 20 seconds, but this practice was later discontinued as the temple administration directed that recitals should be held only by the Thenkalai sect.
Taking into account the allegations and the willingness of the parties to seek a consensual solution, the high court appointed Justice Kaul as the chief mediator.
