J&K High Court Stays Executive Takeover Of Shri Nav Durga Jhaleri Mata Shrine, Appoints Interim Administrator
In a matter concerning the governance of Hindu religious shrines in the Union Territory, the Jammu & Kashmir High Court has stayed the operation of a communication from the Divisional Commissioner which sought to bring the Shri Nav Durga Jhaleri Mata Shrine under the administration of the Shiv Khori Shrine Board until fresh legislation was enacted.The Court was hearing a writ petition...
In a matter concerning the governance of Hindu religious shrines in the Union Territory, the Jammu & Kashmir High Court has stayed the operation of a communication from the Divisional Commissioner which sought to bring the Shri Nav Durga Jhaleri Mata Shrine under the administration of the Shiv Khori Shrine Board until fresh legislation was enacted.
The Court was hearing a writ petition filed by a trust claiming to serve the shrine, located in village Pangal, tehsil Katra, Reasi district, objecting to what it described as a “hostile takeover” of a Hindu religious institution without legislative backing.
A bench of Justice Rahul Bharti observed that it is the concern of this court to ensure that the affairs of the deity are not allowed to suffer mishandling or mischief, whether by self-claimed custodians or external entities.
The Court acknowledged that important constitutional issues were at stake regarding the executive's power over religious institutions.
The court also appointed the Chief Executive Officer of the Shri Mata Vaishno Devi Shrine Board as ex-officio interim administrator/receiver of the Jhaleri Mata Shrine.
It emphasized the vital role of the judiciary in safeguarding such shrines, especially in cases where deities are considered perpetual minors in law, whose interests must be protected from both internal mismanagement and external interference.
The petitioner-trust challenged the administrative action contending that no legislative authority exists for the government to entirely take over the management of a Hindu religious place of worship.
The shrine is said to house a naturally occurring deity (Swayambhu) in a cave, and the precise land records (Khasra numbers) remain disputed.
Respondents, including the UT administration and private caveator Deepak Kumar, were directed to file replies within four weeks
The Court also suo motu impleaded the Shri Mata Vaishno Devi Shrine Board as a pro forma respondent.
APPEARANCE
G. S. Thakur, Advocate For Petitioner
Monika Kohli, Sr. AAG, Aseem Kumar Sawhney, Advocate Mohd. Kashif Malik, Advocate, Advocate For Respondents
Case-Title: Shri Nav Durga Jhaleri Mata Trust vs UT of J&K, 2025