Deciding a contempt of court petition filed now for disobedience of a 105-year-old judgment of the Madras High Court passed during the British era in 1915, the court has directed the Executive Trustee of Devarajaswamy Devasthanam in Kancheepuram to lodge a police complaint if a dispute between Vadagalai and Thengalai sects in reciting Prabandham during temple festivals snowballs into a law and order problem.
Justice S.M. Subramaniam ordered that the Executive Trustee should first invite the Thengalai sect during the festivals and on such invitation, they should be permitted to recite first two lines of Srisailesa Dayapathram (initial recital). After they complete, the trustee should permit the Vadagalai sect to commence the first two lines of Ramanuja Dayapathram (initial recital). Thereafter, both of them should recite the Prabandham jointly.
On completion of recital of Prabandham, the Thengalai sect should be permitted to recite the concluding Manavalamamunigal Vaazhithirunamam and thereafter the Vadagalai sect should be allowed to recite Desikan Vazhi Thirunamam.
Accordingly, the process of recitals should be concluded. If any of the two sects was unwilling to recite the Mantrams and Prabandhams, the officer should permit the sect which expresses willingness, the judge ordered.
“The first respondent (trustee) is directed to register a police complaint in the event of any law and order problem or otherwise during performance of the Puja festivals. On such complaint, jurisdictional police shall register a complaint, investigate the same and initiate appropriate actions in accordance with law,” the judge said after ordering that all other religious practices during the festivals should be followed by as schemes approved by the courts in previous years.
“In the event of violation of any of these directions issued in this contempt Petition, it will be treated as contempt of court and the first respondent Executive Trustee/Assistant Commissioner is directed to file an application before this court,” the judge made clear after expressing dismay over the recital of the Prabandham in the temple having been stopped for the last two years due to the unending disputes between people belonging to the two sects.
Earlier judgments
The present contempt petition had been filed alleging that the Executive Trustee was not following the judgment passed by a Division Bench of the High Court comprising Justices Sankaran Nair and Oldfield on January 15, 1915 on an appeal preferred in 1910. The petitioner also said, another judgment of the High Court passed on March 24, 1969 on an appeal preferred in 1963 had been violated and hence the trustee should be punished for contempt of court.
After perusing both the judgments, Justice Subramaniam pointed out that none of the them prevent Vadagalai sect from reciting the Prabandham.
“Thus, the complaint made on behalf of the Thengalai sect that they alone should be permitted to recite Prabandhams can never be permitted. Both the Vadagalai and Thengalai sects should be permitted to recite Prabandhams and there cannot be any other opinion as in the event of permitting a particular sect would result in unconstitutionality,” he said.
Even in the 1969 verdict, the court had said: “Tolerance and mutual respect are the hallmarks of Hinduism and it is a pity that these two sects of Vaishnavites who profess to be the followers of great saints and savants are so intolerant against each other even in respect of small and unimportant rituals and ceremonies. We can only hope that the people belonging to these two sects would realise the futility of this kind of useless and wasteful litigation and stop their acrimonious fight.”
