MAHABODHI TEMPLE CORRUPTION CASE AT SUPREME COURT OF INDIA

http://www.indianexpress.com/news/bodhgaya-temple-pil-sc-records-centre-response/1162613/
http://www.business-standard.com/article/pti-stories/sc-seeks-reply-from-centre-others-on-pil-on-mahabodhi-temple-113092700683_1.html
http://www.financialexpress.com/news/bodhgaya-temple-pil-sc-records-centre-response/1162613
http://zeenews.india.com/tags/Mahabodhi-temple.html

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL WRIT JURISDICTION

WRIT PETITION (CIVIL) No. 832 of 2013
IN THE MATTER OF:
Arup Brahmachari ….Petitioner
VERSUS
Union of India and others ……Respondents
I.A. No. 832 of 2013
Application for Direction

PAPER BOOK
( FOR INDEX KINFLY INSIDE )
ADVOCATE FOR PETITIONER: NITIN KUMAR THAKUR

INDEX Page Nos

1. Listing Proforma A- A1
2. Synopsis, List of Dates and Events B – H
3. Humble Writ Petition under Article 32 of the Constitution of India with Affidavit 1 – 35
4. ANNEXURE -P.1 36 – 44
Typed copy of “The Bodh Gaya Temple Act, 1949” ( Bihar Act 17 of 1949 )
5. ANNEXURE -P.2 45 – 46
Typed copy of Times of India News Report dated 02.08.2001
6. ANNEXURE -P.3 47 – 48 Typed copy of Times of India News Report dated 22.10.2001.
7. ANNEXURE -P.4 49
True copy of proof of inscription dated 29th June 2002 of Mahabodhi Temple Complex at Bodh Gaya as World Heritage Site downloaded from UNESCO website
8. ANNEXURE -P.5 50 -51
Typed copy of Times of India News Report dated 26.06.2007
9. ANNEXURE -P.6 52 – 59
Typed copy of Complaint No. 850/2007 pending in the Ld. Court of Chief Judicial Magistrate, Gaya
10. ANNEXURE -P.7 60 – 70
Typed copy of Scientist Report dated 28.6.2007 by Scientists of Dehradun Forest Research Institute.
11. ANNEXURE –P.8 (COLLY)
(i) Photostat copy of report dated 9.7.2007 published in Outlook Magazine 71 – 72
(ii) Typed copy of report dated 9.7.2007 published in Outlook Magazine 73 – 76
12. ANNEXURE –P.9 77 – 80
Typed copy of enquiry report dated 01.12.2007 of Magadh Division Commissioner
13. ANNEXURE –P.10 81 – 82
Typed copy of newspaper report dated 20.1.2008 published in Times of India
14. ANNEXURE –P.11 83
Typed copy of Order dated 03.03.2008 Passed in CWJC No. 1565 of 2008 by The Hon’ble Patna High Court.
15. ANNEXURE –P.12 (COLLY)
(i) Photocopy of the article is published on 10.03.2008 in the Newsweek 84-85
(ii) Typed copy of the article is published on 10.03.2008 in the Newsweek 86 – 88
16. ANNEXURE –P.13 89 – 92
Typed copy of Order dated 13.02.2009 passed in CWJC No. 1487 of 2009 by the Hon’ble Patna High Court.
17. ANNEXURE –P.14 93
Typed copy of the order dated 17.02.2012 passed by Hon’ble Supreme Court in Writ Petition(C) No.41/2012
18. ANNEXURE –P.15 94
The typed copy of the E-Mail sent by The Director General, Archaeological Survey of India on 30.3.2012
19. ANNEXURE -P.16 95 – 96
Typed copy of Times of India news Report Published on dated 01.09.2012
20. ANNEXURE –P.17 97 -100
Typed copy of petitioner’s representation dated 28.10.2012 against the inaction of executives to the Prime Minister’s Office, Home Secretary, Govt. of India & Govt. ofBihar, Director General of Police, Govt. of India
21. ANNEXURE –P.18 101- 102
Typed copy of Times of India news Report Published on news dated 09.01.2013
22. ANNEXURE –P.19 103 -107
Typed copy of the Informatory Petition No.1105/2013 dated 18.04.2013.
23. ANNEXURE –P.20 108 -110
Typed copy of the petitioner’s representation Dated 23.04.2013 to the Chairman of Bodhgaya Temple Management Committee.
24. ANNEXURE –P.21 (COLLY)
i). Photostat copy of the recommendations of the UNESCO World Heritage Centre-Decision- 30COM 7B.64, 111
ii). Typed copy of the recommendations of the UNESCO World Heritage Centre-Decision- 30COM 7B.64, 112- 113
iii). Photostat copy of the recommendations of the UNESCO World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 114
iv). Typed copy of the recommendations of the UNESCO World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 115-116
25. ANNEXURE –P.22 (COLLY)
i). Photostat copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Business Standard 117-118
ii). Photostat copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Reuters 119
iii). Typed copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Reuters 120
iv). Photostat copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Times of India 121-122
v). Typed copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Times of India 123-125
vi). Photostat copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Hindustan Times 126-129
vii).Photostat copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Telegraph 130-131
viii).Typed copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Telegraph 132-134
ix). Photostat copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Jagaran 135-136
26. I. A. No. of 2013 137-138

Application for Direction
LISTING PROFORMA
IN THE SUPREME COURT OF INDIA
1. Nature of the matter Civil
2.(a) Name of Petitioner (s) /Appellant (s) Arup Brahamchari@ SwamiJi
(b) e-mail ID
3. (a) Name(s) of Respondent (s) Union of India and Ors. (b) e-mail ID
4. Number of case W. P. (C) No. of 2013
5. (a)Advocate(s) for Petitioner(s) Nitin Kumar Thakur (b) e-mail ID
6. (a) Advocate(s) for Respondent (s) N. A.
(b) e-mail ID
7. Section dealing with the matter PIL
8. Date of the impugned Order/Judgment N. A.
8.A. Name of Hon’ble Judges N. A.
8B. In Land Acquisition Matters : N. A.
i) Notification/Govt. Order No. u/s. 4,6) ………….. dated ………………….. issued by Centre/State of………..
ii) Exact purpose of acquisition & village involved……..
8C. In Civil Matters :- N.A.
i) Suit No., Name of Lower Court……..
Date of Judgment……………… N. A.
8D. In Writ Petitions:-
“Catchword” of other similar matters…..The Bodh Gaya Temple Act, 1949
8E. In case of Motor Vehicle Accident Matters : N. A.
Vehicle No……………………………………..
8F. In Service Matters N. A.
(i) Relevant service rule, if any..
(ii)G.O./Circular/Notification, if applicable or in question………
8G. In Labour Industrial Disputes Matters : N. A.
I.D. Reference/Award No., if applicable ……………………
Nature of urgency: After Bomb Blast at Maha Bodhi Temple, Bodh Gaya premises the fundamental rights of Public at large are being infringed and the Temple is urgently required to be protected as National Monument
9. In case it is a Tax matter : N. A.
a) Tax amount involved in the matter……………….
b) Whether a reference/statement of the case was called for or rejected………
c) Whether similar tax matters of same parties filed earlier (may be for earlier/other Assessment Year)?………….
d) Exemption Notification/Circular No………….
11. Valuation of the matter : N. A.
12. Classification of the matter : 0812
(Please fill up the number & name of relevant category with sub category as per the list circulated)
No. of Subject Category with full name :
No. of sub-category with full name :
13. Title of the Act involved (Centre/State): Constitution of India, The Bodh Gaya Temple Act, 1949, The Ancient Monuments and Archaeological Sites and Remains Act, 1958, Prevention of Damage to Public Property Act, 1984, Antiquities and Art Treasures Act, 1972.
14. (a) Sub-Classification (indicate Section/Article of the Statute)… Sec. 4 of AMARSAR Act, 1958
(b) Sub-Section involved…. N.A.
(c) Title of the Rules involved (Centre/State)………. Central
(d) Sub classification (indicate Rule/Sub-rule of the Statute) N. A.

15. Point of law and question of law raised in the case: For that, under List I, Entry 67, of the SEVENTH SCHEDULE, of the Constitution of India, Ancient and Historical monuments and records and archaeological sites and remains (declared by or under law made by Parliament) to be of national importance, considering the antiquity and historical significance of Temple, exclusively, the law made by the Parliament would be applicable.
16. Whether matter is not to be listed before any Hon’ble Judge?
Mention the name of the Hon’ble Judge…. N. A.
17. Particulars of identical/similar cases, if any
a) Pending cases…………… WP ( C ) No. 41 of 2012
b) Decided cases with citation……….
17A. Was SLP/Appeal/Writ filed against same impugned Judgment/order earlier? If yes, particulars…… N. A.
18. Whether the petition is against interlocutory/final order/decree in the case N. A.
19. If it is a fresh matter, please state the name of the High Court and the Coram in the impugned Judgment/Order…. N. A.
20. If the matter was already listed in this Court : N. A.
a) When was it listed?……….
b) What was the Coram?…..
c) What was the direction of the Court……
21. Whether a date has already been fixed either by Court or on being mentioned for the hearing of matter? If so, please indicate the date fixed…….. N. A.
22. Is there a caveator? If so, whether a notice has been issued to him? N. A.
23. Whether date entered in the Computer?……. N. A.
24. If it is a criminal matter, please state : N. A.
a) Whether accused has surrendered……………
b) Nature of offence, i.e. convicted under Section with Act………..
c) Sentence awarded……….
d) Sentence already undergone by the accused……..
24 e) (i) FIR/RC/etc………. N. A.
Date of Registration of FIR etc………….
Name & place of the Police Station…….
(ii) Name & place of Trial Court:
Case No. in Trial Court and Date of Judgment
(iii) Name and place of 1st Appellate Court:
Case No. in 1st Appellate Court & date of Judgment:

Dated: 08.08.2013 (Nitin Kumar Thakur)
Advocate for Petitioner

SYNOPSIS, LIST OF DATES AND EVENTS

The present Writ Petition under Article 32 of the Constitution of India as Public Interest Litigation praying for issuance of appropriate Writ, Order, Directions for enforcement and protection of the citizens’, tourists’ and pilgrims’ fundamental rights guaranteed under Articles 14,19,21,25, and 26 of the Constitution of India which have been infringed as well as challenging the constitutional validity and Vires of “The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949). Further the petitioner most humbly prays and seeks the indulgence of this Hon’ble court for declaring and assigning the Mahabodhi Temple as a “National Monument” and the same be protected under the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules, as well as, [The] Antiquities and Art Treasures Act, 1972. The petitioner also craves the attention of the Hon’ble Court with regard to the implementation of the recommendations of the United Nations Organisation body namely; ‘UNESCO’, for the overall betterment and sustenance of the Mahabodhi Temple and its properties appertaining thereof, as well as devise development plans and develop the Bodh Gaya city in a time frame considering its national and international importance.

6th Century B.C. The sacred Bodhi tree under which The Buddha is believed to have attained enlightenment. The place is highly venerated by the Buddhists ever since.

260 B.C. Emperor Asoka visited Bodh Gaya and constructed a small temple near the Bodhi tree.
To ensure better management of the ‘Mahabodhi Temple’ Indian National Congress appointed a committee headed by Dr. Rajendra Prasad, which recommended joint management of the shrine by both the Hindus and the Buddhists.
India signed the declaration with the United Nation Organization.
India became the Member State of the UNO.

Post 1945 The Bihar government implemented the recommendations by committee headed by Dr. Rajendra Prasad as well as a memorandum of understanding between Mahant of Mahabodhi Temple and Government,“The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949) was enacted.
After the sincere persuasion of the Central Government, the Mahant of Bodh Gaya temple formally on this very day handed over the management of the Mahabodhi Temple and its Properties to Dr. Sarvapalli Radhakrishnan, the then Vice-President of India.
The ‘UNESCO’ had conducted detailed enquiries about Mahabodhi Temple.
In pursuance to the Govt. of India application the Temple became a ‘UNESCO’ World Heritage Site and was specifically nominated for the international heritage program. The temple thereby became a ‘UNESCO Site’.
The branch of the Holy tree was cut off for the first time under the collusion of office bearers of the “BTMC” and head monk.

10.6.2007 Under conspiracy and by the order of head priest Bhante Bodhi Pal a branch of the Holy Tree was cut down, after discloser of this offence the said Bhante Bodhi Pala resigned in the same year after he was charged with the allegation of cutting the branches of Holy Bodhi Tree.

22.6.2007 The petitioner filed a Criminal Case bearing Complaint No. 850/2007 in the Ld. Court of Chief Judicial Magistrate, Gaya which is pending for trial against the office bearers of the “BTMC”.

28.06.2007 On the request of the District Magistrate, Gaya, a team of Forest Research Institute Dehradun comprising of scientists visited the Bodhgaya temple and after inspection of the Holy Tree reported that the Bodhvrikhsha had gone through some stress which was detrimental to the existence of the Holy Tree. The team of Scientists of Dehradun Forest Research Institute had conducted detailed inspection of the Mahabodhi Tree and made a categorical observation on the Bodhivriksha vide joint report dated on the same date.

16.10.2007 A complaint Case was registered vide Complaint No. 850/2007 Arup Brahmachari Versus Jitendra Srivastava and others, the Chief Judicial Magistrate which sought enquiry and report from Magadh Division Commissioner.
01.12.2007 The Magadh Division Commissioner answered the enquiry report which contained enquiry report on the complaint by the petitioner regarding mismanagement and abuse of funds of the Bodhgaya temple.

20.1.2008 Superintending Archaeologist of Archaeological Survey of India, Patna Circle, emphasised that conservation work of Mahabodhi Temple at Gaya will be based on archaeological norms and principles to be followed while initiating conservation process.

03.03.2008 The petitioner had filed a Public Interest Litigation bearing CWJC No. 1565 of 2008 in the Hon’ble Patna High Court regarding mismanagement of the fund of Mahabodhi temple and its mal-administration, the said petition was disposed of with observation that the petitioner should raise the grievances before State Government.

03.03.2008 In pursuance to the observation of the Hon’ble Patna High Court the petitioner filed detailed representation pointing out all the mismanagement of fund of Mahabodhi temple and mal-administration by the “BTMC”.

16.05.2008 The Government of Bihar announced the appointment of a new Temple Management Committee “BTMC”.

13.02.2009 The Hon’ble High Court of Patna, in the Public Interest Litigation bearing CWJC No. 1487 of 2009, disposed of the said petition being satisfied that the District Magistrate has taken all steps which are necessary for preservation of the Bodhi Tree.
An order was passed by the Supreme Court in Writ Petition(C) no.41/2012 filed by a Buddhist gentleman, Mr. Wangdi Tshering, not being satisfied with the functioning of the executive body in managing the affairs of the ‘Mahabodhi Temple’, in which he sought the declaration of the Section 3 of the Temple Act as ultra Vires Article 25, 26, 29, 30 of the Constitution. By this Order the Hon’ble Court by issuing rule, issued notice to the Government of India and ‘ASI’ to file their response to the said Writ Petition, and the decision regarding Section 3 of the Temple Act is subjudice before this Hon’ble Court.
July 2012 The issue of alleged cutting of a branch of the sacred tree had created a storm again and there was clandestine removal of original Buddha images and their replacement with fake ones, in the Stupas, and as the Gaya District Magistrate Mr. Jitendra Srivastava was asked, he replied that as the ‘ASI’ has been doing the repair work on the temple complex, it would not be possible for him to make a categorical statement in this regard.
The petitioner sent a detailed representation against the inaction of executives to the Prime Minister’s Office, Home Secretary, and Director General of Police, Govt. of Bihar and regarding the illegal acts and current financial irregularities committed by the “BTMC” members.

19.12.2012 In view of Complain of petitioner the Joint Secretary, Home (Special) Department, Govt. of Bihar vide its memo no. 15269 dated 19.12.2012 directed the District Magistrate Cum Chairman “BTMC” to send the action taken report to the Home (Special) Department.

15.01.2013 The Joint Secretary, Home (Special) Dept., Govt. of Bihar, vide its Memo No. 400/Patna directed the Commissioner, Magadh Division, Gaya to conduct the necessary enquiry regarding the petitioner’s representation for redressal of his grievances and submission of report thereof on an immediate basis.

18.04.2013 The petitioner filed an Informatory Petition No. 1105/2013 under Section 39 of the Code of Criminal Procedure, with the purpose of informing the Learned Court of law about the blatant show of corruption and mismanagement of funds conducted by the Temple administration.

02.07.2013 A false F.I.R. was lodged in Police Station Gaya, P.S. No.119/13, in G.R. No. 2551 was filed against the petitioner at the behest of Temple Administration through their henchmen.

07.07.2013 Nine Blasts rocked the Mahabodhi Temple premises in 30 minutes in the Temple premises, despite numerous intelligence alerts of such an attack.

26.07.2013 The Learned Court was pleased to grant bail to the petitioner with respect to the F.I.R. was lodged in Police Station Gaya, P.S. No.119/13, in C.R. No. 2551

30.07.2013 During the pendency of the WP( C ) no. 41/ 2012 the State of Bihar had just brought an ordinance namely “Bodh Gaya Temple (Amendment) Ordinance,2013” by which the State of Bihar had amended the proviso of Section 3 of the Temple Act, 1949.
19.08.2013 HENCE THE INSTANT WRIT PETITION FILED IN THE PUBLIC INTEREST FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS OF THE CITIZENS, TOURIST AND PILGRIMS AT LARGE.

IN THE SUPREME COURT OF INDIA
CIVIL EXTRA ORDINARY WRIT JURISDICTION
WRIT PETITION (CIVIL) No. 832 of 2013
IN THE MATTER OF:
1. Arup Bramchari, @ Swami Ji
S/o Late Biranchi Pada Sarkar,
R/o IIT Kharagpur, Qr. No. C-8,IIT Campus, District Midanapur,
West Bengal, presently residing at Root Institute Road, Bodhgaya,
District – Gaya (Bihar) ……..Petitioner
VERSUS
1. The Union of India
Through Home Secretary,
Ministry of Home, Govt. of India, North Block, New Delhi – 110001.
2. Ministry of Culture,
Through its Secretary,
Ministry of Human Resource Development, Govt. of India,
Shastri Bhawan, New Delhi – 110001
3. Archaeological Survey of India,
Through its Director General,
Headquarters at: 11, Janpath, New Delhi-110011
4. Director
UNESCO – World Heritage , Ministry of Culture,
Room No. 323,’C’ Wing, Shastri Bhawan, New Delhi-110011
5. Ministry of Tourism,
Through its Secretary, Government of India,
1, Parliament Street, New Delhi -110001
6. State of Bihar,
Through Principal Secretary,
Home (Special) Department, Govt. of Bihar,
Old Secretariat, Patna, Bihar
7. Principal Secretary,
Home (Special) Department, Govt. of Bihar,
Old Secretariat, Patna, Bihar
8. Principal Secretary,
Department of Urban Development and Housing, Govt. of Bihar,
New Secretariat, Patna, Bihar
9. Commissioner,
Magadh Division, Gaya, Bihar
10. District Magistrate, Gaya, cum Chairman,
Bodh Gaya Temple Management Committee, BodhGaya, Gaya, Bihar
11. Bodh Gaya Temple Management Committee
Through its Secretary,
BodhGaya, Gaya, Bihar
12. Superintendent of Police,
Gaya, Bihar
13. Officer in Charge,
Bodh Gaya Police Station,
Bodh Gaya, Gaya, Bihar ……….Respondents
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT(S) ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ ORDER(S), DIRECTION(S) FOR VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLES 14, 19, 21, 25, AND 26 OF THE CONSTITUTION OF INDIA ¬.

To,
The Hon’ble Chief Justice of India, And His Companion Justices of the Hon’ble Supreme Court of India.
The humble petition of the Petitioner above named;
MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is Citizen of India and filing the present Writ Petition under Articles 32 of the Constitution of India as Public Interest Litigation praying for issuance of appropriate Writ(s), Order(s), Direction(s) for violations of fundamental rights guaranteed under Articles 14,19,21,25, and 26 of the Constitution of India. The petitioner is seeking indulgence of this Hon’ble Court for the reason that there are grave security lapses, financial and administrative mismanagement, serious irregularities and criminal charges regarding abuse of official capacity and power and moral character without following the procedure laid down by law exhibited by the existing practice of the concerned officials– respondents in capacity and power thereby requesting and praying for appropriate and adequate enquiry, action and framing of guidelines for better preservation and management of the “Mahobodhi Tree / Temple” and properties appertaining thereto” Bodhgaya, India which are of the international importance.

1A. That petitioner had made written requests to the respondents for protection of Mahabodhi Temple and Holi Tree, the respondent no. 3 vide Annexure P.15 shown declination that the Mahabodhi Temple and Site are not under the protection of respondent no.3.

2. That it is most respectfully submitted that the indulgence of this Hon’ble Court is required in the interest of justice with the Indian citizens and International public at large and that the facts leading to file the present petition are as follows:

2.1 The Mahabodhi Temple, Bodhgaya, hereinafter referred as ‘The Temple’, literally meaning “Great Awakening Temple” is a Buddhist temple in the City of Bodh Gaya, India the location where Siddhartha Gautama known as Lord Buddha, is said to have attained enlightenment. The Bodh Gaya is located in the District of Gaya about 96 km from Patna, State of Bihar, India. Next to the temple, to its Western Side, is the Holy Bodhi tree. According to the Jatakas, it forms the navel of the earth, and no other place can support the weight of the Buddha’s attainment. The sacred Bodhi tree under which he is believed to have attained enlightenment. The place is highly venerated by the Buddhists. Emperor Asoka visited Bodh Gaya around 260 B.C. and constructed a small temple near the Bodhi tree. The Temple is constructed of brick and is one of the oldest brick structures to have survived in Eastern India. It is considered to be a fine example of Indian brickwork. Considering the significance of The Holy Tree and The temple, various spiritual and religious persons from countries like Japan, Myanmar, Thailand, Sri Lanka established their monasteries in the vicinity of The Mahabodhi Temple, Bodh Gaya.

2.2 That the Temple and its premises contain antiquities and monuments of great cultural and historical significance, while some of them have reserved for themselves the status of rare antiques. Since The Mahabodhi Temple is one of the oldest brick structures to have survived in eastern India, built by Emperor Ashoka who also built the diamond throne (called the Vajrasana), attempting to mark the exact spot of the Buddha’s enlightenment. The imposing structure carries various antiquities like the Stupas erected during the Mauryan period, categorically called Votive Stupas. Similarly around the tree and the Asokan platform are representations of an early temple arc found at Sanchi, on the toras of Stūpa I, dating from around 25 BC, and on a relief carving from the Stupa railing at Bhāhrut, from the early Śunga period (c. 185-c. 73 BC). Antiques like the above mentioned are under severe threat as there is rampant smuggling. Further to state that the temple was managed by Hindu Mahant under the Religious Endowments Act, 1863 and existing law of land.

2.3 That considering the necessities for better management of the ‘The Temple’ at Indian National Congress had in 1922 appointed a committee headed by Dr. Rajendra Prasad, which had recommended joint management of the shrine by both the Hindus and the Buddhists.

2.4 That India was among the original member of United Nation Organization, and signed the declaration on 01.01.1942. India became the Member State on 30.10.1945.

2.5 That after independence, the Bihar government implemented the recommendations and enacted the “The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949) hereinafter referred as ‘Temple Act’. Typed copy of “The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949) is annexed herewith and marked as ANNEXURE- P.1 (Pages to ).

2.6 The ‘Temple Act’ ended the Mahant’s monopoly over the Temple / Shrine and its properties. However, Section 3 of the Temple Act entrusted the temple management to a nine-member Committee comprising five Hindus and four Buddhists and giving hereditary membership to Shaivite Mahant and his successors in “Bodh Gaya Temple Management Committee”. After the sincere persuasion of the Central Government, as well as a memorandum of understanding between Mahant of Mahabodhi Temple and Government, the Mahant of Bodh Gaya temple formally on 23.05.1953 handed over the management of the Mahabodhi Temple and its Properties to Dr. Sarvapalli Radhakrishnan, the then Vice-President of India.

2.7 The Temple is claimed as property of State Government of Bihar, part of India. Under the terms of ‘Temple Act’ the State Government makes itself responsible for the protection, management, and monitoring of the temple and its properties. The ‘Temple Act’ also has provisions for a Temple Management Committee, and an Advisory Board.

2.8 That under Section 3 of the ‘Temple Act’ the “Bodh Gaya Temple Management Committee” is the Executive Body for management of the Temple, its land, properties and certain adjoining areas. The “Bodh Gaya Temple Management Committee”, hereinafter refereed as “BTMC”, functions under the supervision, direction, and control of the State of Bihar. By law, the Committee must consist of four Buddhist and four Hindu representatives, including the head of Sankaracharya Math monastery as an ex-officio Hindu member. The Committee is chaired by the Gaya District Magistrate, but if the Gaya District Magistrate is not Hindu, the ‘Temple Act’ requires the government to appoint a Hindu Chairman. As per Section 5 (1) of the ‘Temple Act’ the Committee serves for a term of three years. As per Section 15 (1) ‘Temple Act’ and rules thereof the Advisory Board consists of the Governor of Bihar and twenty to twenty-five other members, half of them from foreign Buddhist countries. It is further pointed out that, as per Section 11 of ‘Temple Act’, Hindus and Buddhist shall have access to ‘The Temple’, and the temple land for the purpose of worship or Pindadan. But on the other hand the ‘The Temple Act’ strictly prohibits the Animal sacrifice, bringing any alcoholic liqueur within the ‘The Temple’ or on the Temple land, as well as prohibits bringing the shoes within the Temple and its premises.

2.9 That considering the international importance and historical significance of the ‘Temple’ the United Nations Educational, Scientific and Cultural Organization hereinafter referred as “UNESCO” which is a specialized agency of the United Nations focused on its state of existence. The purpose of ‘UNESCO’ is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of law, and human rights along with fundamental freedom proclaimed in the UN Charter, thereby had conducted detailed enquiries about Mahabodhi Temple. Typed copy of Times of India News Report dated 2.8.2001 is annexed herewith and marked as ANNEXURE- P.2 (Pages to ).

2.10 That the “BTMC” does not specialise and possesses, neither expertise nor infrastructure, to repair and preserve the monument like “Mahabodhi Temple” thereby it depends upon to the Govt. of India agencies to repair the “Temple” which is a world famous heritage shrine, therefore requested Archaeological Survey of India hereinafter refereed as “ASI” which is a Union of India organisation constituted under the Central Legislation namely: the ‘Ancient Monuments and Archaeological Sites and Remains Act, 1958’ with object to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects, after some time the Gaya District Magistrate Cum Chairman blamed the “ASI” for the inordinate delay in repairing. Typed copy of Times of India News Report dated 22.10.2001 is annexed herewith and marked as ANNEXURE- P.3 (Pages to ).

2.11 That Department of Tourism, Ministry of Tourism and Culture, Govt. of India had made application to the “UNESCO” with justification for inscription of Mahabodhi Temple Complex at Bodh Gaya as World Heritage Site because the Mahabodhi Temple Complex has outstanding universal importance as it is one of the most revered and sanctified places in the world, pursuance to the Govt. of India application on 29th June 2002 ‘The Temple’ became a “UNESCO” ‘World Heritage Site’, specifically nominated for the International Heritage Program. True copy of proof of inscription dated 29th June 2002 of Mahabodhi Temple Complex at Bodh Gaya as World Heritage Site downloaded from UNESCO website is annexed herewith and marked as ANNEXURE- P.4 (Page ).

2.12 That all finds of religious artefacts in the area are legally protected under [The] Antiquities and Art Treasures Act, 1972. The temple’s head monk, as of September as of 2004, was Bhante Bodhi Pala. In the year 2006 branch of the Holy Tree was cut down under the collusion of office bearers of the “BTMC” and head monk, in this respect the District Magistrate, Gaya cum Chairman “BTMC” written Director, Agriculture Research Institute, Patna and Home Secretary, Govt. of Bihar, the image of temple was replaced at the behest of antisocial elements and smugglers with the collusion with the office bearers of the “BTMC” to sale those idols in international market petitioner being whistle blower had brought into notice regarding the commission of offence to the authorities but no outcome arrived. Typed copy of Times of India News Report dated 26.01.2007 is annexed herewith and marked as ANNEXURE- P.5 (Pages to ).

2.13 That again under conspiracy on 10.6.2007 under the order of head priest Bhante Bodhi Pal a branch of the Holy Tree was cut down, after discloser of this offence the said Bhante Bodhi Pala resigned in 2007 after he was charged with the allegation of cutting the branches of Holy Bodhi Tree on regular basis and sale them to foreigners for hefty sum of money. The petitioner on 22.6.2007 had filed a Criminal Case bearing Complaint No. 850 / 2007 in the Ld. Court of Chief Judicial Magistrate, Gaya which is pending for trial against the office bearers of the “BTMC”. Typed copy of Complaint No. 850/2007 pending in the Ld. Court of Chief Judicial Magistrate, Gaya is annexed herewith and marked as ANNEXURE–P.6 (Pages to ).

2.14 That although it was certified by the scientists appointed by the government that live branches of the Holy Bodhi Tree was cut without any approval from concerned authorities during the period when Bodhpala was Monk-in-charge. That on the request of the District Magistrate, Gaya, a team of Forest Research Institute, Dehradun, comprising of scientists visited the Bodhgaya temple on 28thJune 2007 and after inspection of the Holy Tree submitted report that the Bodhvrikhsha had gone through some stress that reflected scanty and light green leaves in the canopy, damaged roots and bark. The reason could be due to high intensity electric lights causing hindrance to the respiration process in the night, soil being devoid of any other vegetation suggesting unfavourable environment for the growth of plants which may be due to heavy metal toxicity, among other factors. Finally team of Scientist of Dehradun Forest Research Institute had conducted detailed inspection of the Mahabodhi Tree and made a categorical Observation on the Bodhivriksha vide joint report dated 28.6.2007.Typed copy of Scientist Report dated 28.6.2007 by Scientists of Dehradun Forest Research Institute is annexed herewith and marked as ANNEXURE- P.7 (Pages to ).

2.15 That incident of cutting the branches of Holy Bodhi Tree on regular basis and sale them to foreigners for hefty sum of money had condemned by all corners, the media had covered this incident as well as the petitioner’s efforts for the protection of Idols, images and Mahabodhi tree, same is reported on 9.7.2007 in Outlook Magazine. Photostat & typed copy of report dated 9.7.2007 published in Outlook Magazine is annexed herewith & marked as ANNEXURE– P.8 (COLLY) (Pages to ).

2.16 That following the expiration of the Committee’s term in September 2007, the government of Bihar delayed the appointment of a new Committee. The District Magistrate, Gaya has served as Administrator for the temple pending the appointment of a new Committee.

2.17 That pursuance to the petitioner’s complaint a Case was registered bearing Complaint No. 850/2007 (Arup Brahmachari Vs. Jitendra Srivastava and others), the Chief Judicial Magistrate on 16.10.2007 sought enquiry and report from Magadh Division Commissioner, which the answered by the Magadh Division Commissioner enquiry report dated 01.12.2007. The aforesaid reply on 01.12.2007 from the Commissioner, Magadh Division, Gaya, Bihar, to the Chief Judicial Magistrate, Gaya contained enquiry report on the complaint by the petitioner regarding mismanagement and abuse of funds of the Bodhgaya temple. It contained the explanation that the “BTMC” is entrusted with the management and control of Bodhgaya main temple and the land and the properties appertaining thereto under the Bodhgaya Temple Act and, B.T.M.C has absolute control over the same, and nothing can be done by anyone without the knowledge and permission of the “BTMC”. That the persons arrayed as accused in the Complaint Case are “BTMC” members and authorities. It has been admitted and accepted in the aforesaid letter that the (witnesses stated, namely Deepak Malaker and Ajay Paswan) that accused no. 3 Bhante Bodhipal ordered the working employee of “BTMC” Deepak Malakar to cut down some cardinal parts of the great pipal tree and in obedience the latter cut down the branches in the presence of the accused. The Commissioner further reported that some leaves of the great pipal tree were collected by the special staff at the time of spring and sold to special friends by the culprits through their high voltage techniques. Besides the Commissioner also alleged monetary scandal, that should be checked by Special Audit and Judicial Enquiry, also pointed out nefarious activities. In conclusion the Commissioner, found (Accused no.2 in the letter) Dr. Kalicharan Yadav, Accused no.3 Bhante Bodhi pal, Accused no. 4 Bhajju Yadav are involved in some nefarious activities like cutting the branches of the great pipal tree, not maintaining any logbook, which is mandatory to even touch the pipal tree. Further no account of how many leaves are being cut or collected was kept. Besides there was report that these people are exploiting the temple area and properties for their personal gain. It is pertinent to mention that a suggestion came in the very same letter by the Commissioner to institute an inquiry of a high powered team and the complaint case instituted by the petitioner was correct and thereby apt legal action should be taken against the guilty. Typed copy of enquiry report dated 01.12.2007 from the Commissioner, Magadh Division, Gaya, is annexed herewith and marked as ANNEXURE- P.9 (Pages to ).

2.18 That intimation was sent by the petitioner to the office of the Chief Minister, Bihar, reporting this incident and also an urgent prayer to save, protect the Holy Tree, and idols of the Mahabodhi temple and stop mismanagement of funds.

2.19 That Superintending Archaeologist of ASI, Patna Circle emphasised that conservation work of Mahabodhi Temple at Gaya will be based on archaeological norms and principles to be followed while initiating conservation process. Typed copy of newspaper report dated 20.1.2008 published in Times of India is annexed herewith and marked as ANNEXURE- P.10 (Pages to ).

2.20 That the petitioner had filed a Public Interest Litigation in the Hon’ble Patna High Court regarding mismanagement of the fund of Mahabodhi temple and its mal-administration, the said petition was with observation to raise the grievances before State Government. Typed copy of Order dated 03.03.2008 passed in CWJC No. 1565 of 2008 by the Hon’ble Patna High Court is annexed herewith and marked as ANNEXURE- P.11 (Pages to ).

2.21 That due mal-administration the condition of law and order in the Mahabodhi Temple and in the vicinity was pathetic which brought in the notice of media and in a magazine namely Newsweek a detailed article is published on 10.03.2008 titled as “Big Trouble Under Banyan Tree” in the said article it is narrated that how the innocent people are duped, women feel unsafe after dark, violence and fear stalk anyone who dare to protest. Photocopy & typed of the article is published on 10.03.2008 in the Newsweek is annexed herewith and marked as ANNEXURE-P.12(COLLY) (Pages to )

2.22 That pursuance to the observation dated 3.3.2008 of Hon’ble Patna High Court, the petitioner filed detailed representation pointing out all the mismanagement of fund of Mahabodhi temple and mal-administration by the “BTMC” and eventually, on May 16, 2008 the Government of Bihar announced the appointment of a new Temple Management Committee “BTMC”.

2.23 That since the temple is managed administratively and financially by ‘BTMC’, the petitioner had asked certain questions on 03.06.2008, 12.06.2008, 14.11.2008, under Right to Information Act,2005, regarding the Bodhi Tree and the temple to which the office of “BTMC” failed to provide appropriate information on 10.12.2008, gave vague, dilatory, and irrelevant answers to the petitioners questions.

2.24 That no action has been taken by the State of Bihar authorities for the protection and preservation of the Mahabodhi Temple Area, which compelled the petitioner to knock the door of Hon’ble Patna High Court by filing Public Interest Litigation bearing CWJC No. 1487 of 2009, the Hon’ble High Court had disposed of the said petition being satisfied that the District Magistrate has taken all steps which are necessary for preservation of the Mahabodhi Tree. Typed copy of Order dated 13.02.2009 passed in CWJC No. 1487 of 2009 by the Hon’ble Patna High Court is annexed herewith and marked as ANNEXURE- P.13 (Pages to ).

2.25 That further it is pertinent to mention here that a group of Buddhist not being satisfied with the functioning of the executive body in managing the affairs of the Mahabodhi Temple, therefore a buddhist gentleman, Mr. Wangdi Tshering filed a Writ Petition(C) no.41/2012 in which he sought the declaration of the Section 3 of the ‘Temple Act’ as ultra vires Article 25, 26, 29, 30 of the Constitution. That on 17.02.2012 this Hon’ble Court by issuing rule, notified the Government of India and ‘ASI’ to file their response to the said Writ Petition, the Section 3 of the Temple Act is subjudice before this Hon’ble Court. Typed copy of the order dated 17.02.2012 passed by Hon’ble Supreme Court in Writ Petition(C) No.41/2012 is annexed herewith and marked as ANNEXURE- P.14 (Pages to ).

2.26 That it is essential to refer here that Bodh Gaya is a world famous tourist spot for spiritual tourists and with respect to religious tourism numerous tourists visit on a daily basis Bodh Gaya, and by the Tourism activity, Government of India is earning a good amount of foreign revenue. For the identification of the circuits across the country, the respondent no.5 had appointed a consultant and in the month of March 2012, such Consultant-Company had submitted an exhaustive project report for the promotion of Buddhist Tourism in the country. In that very report, Bodh Gaya was ranked no.1 in the tourist circuit demarcated by the aforesaid ministry.

2.27 That petitioner requested the “ASI” for the protection of Mahabodhi Temple and its properties, ultimately the Director General, Archaeological Survey of India on 30.3.2012 informed the petitioner that the Mahabodhi temple and site are not under the protection of “ASI”. Typed copy of e.mail sent by Director General, Archaeological Survey of India on 30.03.2012 is annexed herewith and marked as ANNEXURE- P.15 ( Page to ).

2.28 That in the report of Scientist they made inferences about the branch cut under references that was a bold show of the mismanagement and neglect of the committee to pay head to the conservation of the tree and such also established the declining health of the Bodhvrikhsha. Further the report also suggested some immediate steps to be taken for restoration of health of the Bodhivriksha. It is pertinent to mention that among all the suggestions made by the forest pathology division scientists have not been implemented till date.

2.29 That it is pertinent to mention that amongst all the aforesaid misgivings there is no protection of the natural mechanism of the tree to receive its natural food through its roots as the devotees create a crowded ambience in the effort to collect fallen leaves, abrogating thereby all the rules with respect to the safety and security of the Holy Tree. Besides extravagant Pujas are held within the temple complex jeopardising the ancient structure to a great extent, as there is unchecked use of loud speakers and decorative lights. It is further submitted that there have been unending reports of heritage idols being stolen (as per 1975 survey) and large scale misappropriation of Temple funds.

2.30 That there has been no inspection with regard to the progress of the conservation or restoration works of the tree or the temple. Further it is submitted that the idols, from the Stupas, the motifs and the ancient artefacts connected with the temple of great historical value and worth are mysteriously disappearing. However innumerable complaints have been made but none have yielded any results. The lingering issue is that the Stupas carry rare Buddha images commanding a very high price in the international antique market. And, it’s precisely because of this; these images have always been covetously eyed by smugglers and idol thieves. For the last several decades, allegations have been rife that the original Buddha images were removed from these Stupas and other parts of the shrine structure and replaced by similarly-looking fake images. Leaders of the neo-Buddhists, including All-India Monks Association general secretary Bhadant Anand, have raised the issue of alleged image theft time and again.

2.31 That the petitioner had informed the local police and other authorities for taking action against the officials of “BTMC” finding no action he sent letters to higher officials for taking suitable legal action in this matter, even the sapling planted by Karmapa faces uproot and “BTMC” is planning to shift the sapling elsewhere to avoid confusion, it is pertinent to mention here that what so ever the “BTMC” wants the Committee members never bothered for any norms, they allowing anyone to act or change the Spire of temple if they oblige the Committee members, newspaper reported the issue of sapling. Typed copy of Times of India news report published on 01.09.2012 is annexed herewith and marked as ANNEXURE- P.16 (Pages to ).

2.32 That the issue cropped up once again in July 2012 when the issue of alleged cutting of a branch of the sacred tree had created a storm as mentioned above already. Further there was clandestine removal of original Buddha images and their replacement with fake ones, in the stupas, and as the Gaya District Magistrate Mr. Jitendra Srivastava was asked, he replied that as the ‘ASI’ has been doing the repair work on the temple complex, it would not be possible for him to make a categorical statement in this regard.

2.33 That the petitioner sent a detailed representation against the inaction of executives to the Prime Minister’s Office, Home Secretary, Govt. of India & Govt. of Bihar, Director General of Police, Govt. of Bihar and regarding the illegal acts and current financial irregularities committed by the “BTMC” members. Typed copy of petitioners representation dated 28.10.2012 against the inaction of executives to the Prime Minister’s Office, Home Secretary, Govt. of India & Govt of Bihar, Director General of Police, Govt. of Bihar is annexed herewith and marked as ANNEXURE- P.17 (Pages to ).

2.34 That in view of the Complaint of petitioner the Joint Secretary, Home (Special) Department, Govt. of Bihar vide its memo no. 15269 dated 19.12.2012 directed the District Magistrate Cum Chairman “BTMC” to send the action taken report to the Home (Special) Department.

2.35 That the illegal acts of the previous committee members has been condemned worldwide, regarding the illegal plantation a news is reported in daily newspaper. Typed copy of Times of India news report published on news dated 09.01.2013 is annexed herewith and marked as ANNEXURE- P.18 (Pages to ).

2.36 That it is relevant to mention that the petitioner had sent a representation to the Home Ministry, Government of India, and thereby finding gravity in the petitioner’s complaint, the Government of India had sought report from the State of Bihar. Accordingly the Under Secretary Cum Nodal Officer Home Department., Govt. of Bihar, vide its memo no. 178, dated 10.01.2013, directed the Deputy Inspector General (Human Rights), Bihar, Patna to take immediate action within 15 days and ensure sending compliance report to the Ministry of Home, Govt. of India. Further the Joint Secretary, Home (Special) Dept., Govt. of Bihar, vide its Memo No. 400/Patna dated 15.01.2013, directed the Commissioner, Magadh Division, Gaya to conduct the necessary enquiry regarding the petitioner’s grievances representation and submit report thereof on an immediate basis.

2.37 That on 18.04.2013 the petitioner filed an Informatory Petition No. 1105/2013 under Section 39 of the Code of Criminal Procedure, with the purpose of informing the Court of law about the blatant show of corruption and mismanagement of funds conducted by the Temple administration, despite innumerable complaints and representations of the petitioner to the relevant authorities in capacity and authority to take absolute steps. It is further pertinent to mention that there has been an open defiance and complete non-compliance of the directions given by the Hon’ble High Court of Judicature, Patna. The latter asked the then District Magistrate of Gaya, to furnish the report of corruption taking place in the Holy Mahabodhi Temple premises. Further the Principal Home Secretary, Government of Bihar, has sent letter of inquiry to the District Magistrate, Gaya regarding the rampant corruption and mismanagement, yet the same has gone unheeded. It is pertinent to mention that due to the overtures of the petitioner to save the Temple and the Holy Tree from ruin and decay, the Gaya District Administration fabricated a false case against the petitioner and attempted to fasten criminal liability on him, with the purpose of deterring the petitioner from his purpose. Thereby the petitioner filed the Informatory Petition seeking audience to his unheard pleas regarding the subject matter in the Court of Justice and furthering the prayer that his person and property be protected in view of the conspiracy of the state authorities. That on 02.07.2013 a F.I.R. was lodged in Police Station Gaya, P.S. No. 119/2013, in G.R. No. 2551 was filed against the petitioner, which is a proof of the aforesaid submission. Further on 26.07.2013 the Learned Court was pleased to grant bail to the petitioner with respect to the F.I.R. was lodged in Police Station Gaya, P.S. No. 119/13, in C.R. No. 2551 dated 02.06.2013, the Learned Court of Session, Gaya was pleased to grant him anticipatory bail to the petitioner. Typed copy of the Informatory Petition No.1105/2013 dated 18.04.2013, is annexed herewith and marked as ANNEXURE- P.19 (Pages to ).

2.38 That the petitioner on 23.04.2013 made a representation to the Chairman of Bodhgaya Temple Management Committee, protesting severely against the deliberate inadvertence of the management authorities towards the upkeep and maintenance of the Ancient Pancha Pandava Temple, which in sync with the proclamation of the ‘UNESCO’ is a World Heritage Site, and a part of the Temple, apart from pointing out the irreversible damage caused by the decisions of the ‘BTMC’ through its officials, to allow gold inlay works, and embedment of semi-precious and precious stones on the historically acclaimed statutes of the Buddha. The essence of Buddhism, and the purpose of the same to be preserved in a whole, furthered also by the ‘UNESCO’ by its act of proclaiming, The temple and everything in and around its premises, as a world heritage site, gets defeated if such show, pomp and splendour is displayed. The aforesaid is thus a mode of attracting more unaccounted money in the corrupt corners of the ‘BTMC’, whilst there continues complete disregard of the more immediate issues of safety, security and preservation of the Ancient heritage site. Typed copy of the petitioner’s representation dated 23.04.2013 to the Chairman of Bodhgaya Temple Management Committee is annexed herewith and marked as ANNEXURE- P.20 ( Pages to )

2.39 That it is worthwhile to refer here that through numerous representations and resolutions, the World Heritage Committee, ‘UNESCO’, had recommended the respective Indian Authorities to develop overall management plan to protect and regularly monitor the World Heritage Site due its spiritual and historical significance. Further vide ‘UNESCO’ World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 the World Heritage Committee has strongly recommended as a matter of priority to designate the said Heritage Site, i.e. the Mahabodhi Temple property under Central Legislation and for declaring the same as a ‘National Monument’. True & typed copy of the recommendations of the UNESCO World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 respectively are annexed herewith and marked as ANNEXURE- P.21 (Colly). (Pages to )

2.40 That the Delhi Police team had claimed to have alerted to the State of Bihar officials that, terrorists had planned to attack the Mahabodhi temple. The first hint of Bodh Gaya being a target came in October 2012 when three suspected Indian Mujahideen operatives were arrested in Delhi and maps of the Temple Complex seized from them, security officials reported such yet despite the warning there has been a lapse. Further in spite of the Delhi Police having shared the inputs with the intelligence agencies and Bihar Police about a possible terror attack, absolutely no prevention was devised by the latter to avert the terror attack and bomb blast at Mahabodhi Temple premises that took place on 07.07.2013. That nine Blasts took place in 30 minutes in the Mahabodhi Temple premises, despite numerous intelligence alerts of such an attack. Further the same was reiterated by a Reuters report on 07.07.2013 which exhibits the negligence of the authorities to protect the site. That after the incident the Chief Minister of Bihar demanded deployment of the Central Industrial Security Force (CISF) to protect the world famous Buddhist shrine. That further it has been learnt from reliable sources that Bihar is set to spend Rs 5 million each month for the deployment of 261 Central Industrial Security Force (CISF) personnel at the Mahabodhi temple. On the recommendation of the CISF the said program is to burden the State Exchequer Rs.50 lakh monthly towards salaries, pension funds, logistics and accommodation. Photostat & typed copy of Downloaded copy of the News reports published on 07.07.2013/ 08.07.2013 in the national newspapers are annexed herewith and marked as ANNEXURE- P.22 (COLLY) ( Pages to ).

2.41 That just to cover up the security lapses of the State Authorities as well as mismanagement in the affairs of the Mahabodhi Temple the District Administration, Gaya police, in collusion and connivance with the ‘BTMC’ harassing the traders who are peacefully running their business to support their livelihood in the vicinity of the Mahabodhi Temple. It is worthwhile to mention that in the garb of security prevention program the innocent public at large of Bodh Gaya, are being harassed unnecessarily, especially in and around the area called “Lal Paththar”. It is specifically submitted here that the shops and the property especially belonging to the Hindus are being singled out in demolition drive and their basic human and fundamental rights are being grossly violated by the inaction on the part of the State Administration through their officials as well as the Local Police are inflicting atrocities on populace at large.

2.42 That the petitioner had brought to notice of the Central Government and the other authorities concerned as per law, issues, events and facts regarding the rampant corruption in the Mahabodhi Temple, as well as cutting of the Holy Tree issue. Thereon he had also reasonably apprehended that the District Administration, Gaya police, in collusion and connivance with the officials of “BTMC” and their henchmen are trying to frame the petitioner in false and frivolous cases and in relation to the same voiced the apprehension of brutal attack and such similar display of criminal force. It is pertinent to mention that in light of the aforesaid facts and circumstances the petitioner’s life is under a serious threat, and his free movement thereby is not possible in the State of Bihar. Therefore anyhow he managed to come to Delhi to file the present petition for this Hon’ble Court.

2.43 That during the pendency of the WP( C ) No. 41/ 2012 the State of Bihar on 30.07.2013, had just brought an Ordinance namely; “Bodh Gaya Temple (Amendment) Ordinance, 2013”. That by the said Ordinance the State of Bihar had amended the proviso of Section 3 of the Temple Act, 1949 by which the legislature had made it mandatory that in case of Non-Hindu District Magistrate , Gaya , some other person from the Hindu Community shall be nominated as the Chairman of the “BTMC”. After the Bodh Gaya Blast, by bringing about such formality of the Ordinance, the State of Bihar and its authorities had purported to discharge its responsibility towards the Temple and its Properties, just to wash off their hands from any corresponding liability regarding questions posed on ‘Temple’ security and management of the ‘World Heritage Site’. It is pertinent to mention here that despite the alerts from the above mentioned appropriate authorities, the Respondent no. 5 to 11 had completely failed to discharge their statutory duties and obligations.

2.44 That under the abovementioned facts, circumstances and with the passage of time and taking into consideration, the contemporary sequence of national and international events plus developments and their relative significance, politically, economically, culturally and historically, with special emphasis on the stepping in of the United Nations Organisation, through its Body, The ‘UNESCO’, ‘the Bodh Gaya Temple Act, 1949,’ had lost its relevancy and significance in the current space and time. In view of the above submissions, it is humbly prayed that The Mahabodhi Temple is required to be protected, preserved and conserved as per the provisions of ‘The Ancient Monuments and Archaeological Sites and Remains Act, 1958.’

2.45 That the Petitioners has not filed any other similar Writ Petition on this subject matter before this Hon’ble Court or any other High Court in India.

That this writ petition is preferred inter-alia on the following
amongst others GROUNDS :
For that, after the declaration of the ‘Mahabodhi Temple’,

A. ‘The Holy Tree, its Premises and Properties,’ as ‘World Heritage Site’, by the United Nations Organization through ‘UNESCO’ which is under List I, Entry 12, of the SEVENTH SCHEDULE, as per the provision of Article 246, of the Constitution of India, the Indian Parliament, is empowered to make laws on this subject. Further the recommendations of the United Nations Organisation and its corresponding associated bodies like the ‘UNESCO’ is in the nature of promissory estoppel upon Union of India as a Member State.

A.1 For that, under List I, Entry 67, of the SEVENTH SCHEDULE, of the Constitution of India, Ancient and Historical monuments and records and archaeological sites and remains (declared by or under law made by Parliament) to be of national importance, considering the antiquity and historical significance of Temple, exclusively, the law made by the Parliament would be applicable thereby.

B. For that ‘The Bodh Gaya Temple Act, 1949’, only provides provision for the better management of the Bodh Gaya temple and properties appertaining thereto, and there is no express and specific provision for its protection of the Temple which is of National and international importance.

C. For that, under the List III, entry 40, of the Concurrent List, the State of Bihar has failed to enact any legislation for the protection and preservation of the Mahabodhi Temple and its properties appertaining to, whereas the entry expressly provides for the Archaeological sites and remains other than those to be of national importance to be protected and preserved by specific law.

D. For that, Indian parliament had brought for the Ancient monuments and Archaeological Sites and Remains Act, 1958, considering the necessity of preservation of ancient and historical monuments, and archaeological sites and remains of national importance, and protection of sculptures, carvings and other like objects, and this Act is applicable to whole of the country, therefore, this provisions of this Act are also applicable to the ‘Mahabodhi Temple’ and properties appertaining therefore.

E. For that, since The Mahabodhi Temple is one of the oldest brick structures to have survived in eastern India, containing invaluable and numerous idols and sculptures and the various antiques which remain situated in the temple and the temple premises are exposed to regular threat of smuggling, fraudulent dealings and black-marketeers, and such unlawful and illegal acts are in the contravention of the Antiquities and Art Treasures Act, 1972. But in absence of declaration of Bodh Gaya Temple as ‘National Monument’, by the respondent no. 2 and 3, such criminal and nefarious activities are on an increase which is highly detrimental in public interest. The provisions of the said ‘Temple Act’ are not as of now are not applicable, and the State of Bihar and its instrumentalities having no similar law to curb such crimes.

F. For that, the State of Bihar and its instrumentalities have failed to prevent the damage of the public property of the nature of such National and International significance, and on the other hand, their inaction, coupled with their collusion and connivance with the ‘BTMC’ have thereby exposed the Holy Tree to severe damage as well as misplacement of various idols and votive stupas, of the Mahabodhi Temple, which is an explicit show of gross negligence towards the protection of the said public property. Thus they have exhibited dismal failure to enforce the Prevention of Damage to Public Property Act, 1984.

G. For that, India is a Sovereign Socialist Secular Democratic Republic, and the Constitution of India guarantees all persons and every religious denomination to profess, practice and propagate their own religion. Therefore the same freedom is required to be protected and preserved under Articles 25 and 26 of the Constitution of India.

H. For that the State of Bihar and its instrumentalities completely failed to maintain the security of the Temple, its premises, its properties, the pilgrims, the tourists and the common populace safety and security. Further in the wake of the 7th July 2013 blasts the entire vicinity of The Temple and the population thereof, the right to life has been badly affected and their constitutional right to life and liberty guaranteed under Article 21 of the constitution of India has been infringed.

I. For that in the garb of maintaining law and order, after the blast, the local police are committing large scale atrocities on the general masses, in the vicinity of the Temple, denying thereby the citizens their constitutional right to Freedom under Article 19(1) (g) of the Constitution of India.
PRAYER
In view of the facts and circumstances mentioned above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
A) Issue an appropriate Writ/Direction/Order declaring and holding that provisions of “The Bodh Gaya Temple Act, 1949” are ultra virus to provisions of Constitution of India and the same be quashed, And/ Or
b) Issue Writ of Mandamus and appropriate Direction /Order may kindly be passed by which Respondent No. 2 and 3 are directed to complete the legalities with respect to declaring and assigning the “Mahabodhi Temple and the properties appertaining thereto” as National Monument and be protected under the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules thereof as well as, [The] Antiquities and Art Treasures Act, 1972, And/ Or
c) Issue Writ of Mandamus and appropriate Direction /Order may kindly be passed by which Respondent be direct to formulate Security Guidelines for the Disciples, Tourists and Visitors for the Mahabodhi Temple and its sites as well as frame guidelines for the preservation and maintenance of Mahabodhi Holi Tree, And/ Or
d) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents will maintain transparency and accountability with regard to financial management, donations and similar inflow of funds of the ‘Mahabodhi Temple and its properties appertaining thereto’, and the same be annually audited by the Controller and Auditor General of India, And/ Or
e) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents would ensure the safety and security of the public, tourist, pilgrims, the general masses inhabiting and professing their livelihood, And/ Or
f) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents are directed to implement the directions of the UNESCO for the overall betterment and sustenance of the Mahabodhi Temple and its properties appertaining thereof, as well as devise development plans and develop the Bodh Gaya city in a time frame considering its international importance, And/ Or
g) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents no. 1 to 3 to enquire about the lapses/misfeance of the authorities so that appropriate liability can be affixed followed with the necessary legal action in the matter, And/ Or
h) Pass such further or other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.
Drawn by:
Ms. Joyoti K. Goyal Advocate
Settled by:
Filed by:
Ravi Shankar Kumar Advocate
Drawn on:08.08.2013 (Nitin Kumar Thakur)

Filed on: 29.08.2013 Advocate on Record for Petitioner

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) No. 832 OF 2013
Arup Bramchari, @ Swami Ji ……..Petitioner
VERSUS
The Union of India and others …..Respondents
AFFIDAVIT
I, Arup Bramchari, @ Swami Ji presently at New Delhi, do hereby solemnly affirm and declare as under:
1. That I am petitioner in the above captioned matter and as such I am well conversant with facts and circumstances of the present case and I am also authorized by other co- petitioners to file the present petition and whence I am competent to swear this affidavit.
2. That I have gone through the accompanying Writ Petition Containing Para 1 to 30 and pages Nos. 1 to 35 and the list of dates Pages B to L which has been drafted by my Counsel on my instructions. I have read and understood the contents of the same, which are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therein.
3. That the Annexure filed along with the Writ Petition are true and correct copies of their respective originals, which form part of the records of the Court below.
4. That this petitioner has not moved earlier to this Hon’ble Court for the similar relief prayed in the instant Writ Petition.
Deponent
VERIFICATION
I, above named deponent, do hereby solemnly affirm and declare at New Delhi on 29th day of October, 2012 that the contents of Para 1 to 5 at above affidavit are true to my knowledge and belief, no part of it is false and nothing material is concealed.

Deponent