NEW DELHI: 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 Devarajaswami Temple at Kancheepuram.
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.
"Learned senior counsels have gracefully agreed to mediation so that the day-to-day rituals can be performed amicably. In this regard, we request Mr Sanjay Kishan Kaul, former judge of this court, who was the Chief Justice of Madras High Court, 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. 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 Thenkalai community to perform the Adhiapaka Mirasi (official ceremonial worship) at the temple.
The high court had dismissed challenges raised by Vadakalai 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 top court.
They 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 it was incompatible with Article 25 of the Constitution, which guarantees freedom of religion.
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. Taking note of the submissions, 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.