ARUN MISHRA,J. - (1.) Leave granted.
(2.) The petition pertains to famous Mahakaleshwar temple, Ujjain. The appellant has impugned the judgment and order passed in Writ Appeal No.37/2014 by the Division Bench of the High Court of Madhya Pradesh at Indore thereby setting aside the order passed by the Single Bench on 4.12.2013 in W.P. No.10712 of 2013.
(3.) Mahakaleshwar is an ancient temple of Lord Shiva. In order to understand the importance of the Lingam it is necessary to consider it, in brief, the history of Mahakal - Shiva, worshipping of statues and Lingam, origin of Mahakal, same as defined in scriptures etc. as pointed out in the reply of Mahant Prakash Giri of Shri Panchayati Akhara Mahanirvani is as under:"BRIEF HISTORY OF MAHAKAL SHIVA Since ancient times in Hindu culture definitions are found in name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly, the Vedas are the only authentic and well-being book of Hindu religion, when and where it was created it is matter of search. But it can be said that at least 5000 years ago, it was in complete existence. Shiva is the instrument of discussion in Veda Mantras, but that discussion is on shapeless god. Somewhere nature's body is also addressed by various names of Shiva, part of Vedic treatises of the Swaithashwar influx, it has been discussed by the 'Sweth' sage on the basis of the Vedic Mantras in the spiritual form of Shiva. As briefly stated, [Abstract from Swaithashwar influx] : The creator treats himself and all the controlling Divine powers differently, therefore, it remains entangled in the creation of universe [In the enjoyment of nature] And when that incomparable divine power is experienced, then attain liberation, that is salvation. Indestructible or destructible, visible and visible it nourishes the divine (the supreme power) of this whole world, the creature attracted to the qualities of nature, treating himself as his boss, stays in the same nature, and when that creature is experiencing that divine, attracted by the qualities of nature, creatures [Jeev] keep himself tied by the attribute of the same nature, and when that creature experiences that divine, then he is exempted from all bondage. The destructive staple and indestructible life-force is formulated by a god called 'Har', with the thought of its contemplation, and by the feeling of its element, the person achieves the retirement of the cycle (nature) of the reincarnation after liberation. Braham in the soul should forever be known, there is no more known qualified entity than this, the creator (creature), the usable material (nature), and the inspiration (God), this is the only way Brahma said in three ways. While commenting on this stanza, 'Shankaracharya' has written with the reference of Shiva, that performers [Yogi] see Shiva's in idols but in soul, a person who relinquish Shiv from his inner soul to worship outer Shiv, he feels as if he has dropped his hands morsel (Food yoga substance) and licks his empty palm, as the blind person can't see the rising sun, in the same way, the uneducated person can't view the calm form of Shiva. The person who view the omniscient (everywhere present) calm form of Shiva, Shiva resides in his heart, but those who can't see Shiva located in their souls, those people use to search him at pilgrimage place. In the interpretation of this stanza, it is written with reference to Vishnu Purana that's the goal that is proven by the mind's axiomatic (complete) Inconsistent (Due to meditation and distinction between patience) the form is assumed, it is called a Samadhi. The power called a Rudra is governed by the entire Universe, it is situated within all the organisms and creates the entire universe (many planets located in space and space), protects them and destroys (destruction of the universe) means it merges in itself. Rudra Dev originates all the creation and creatures. Nature is to be known as illusion and Maheshwar as Elusive this entire world (universe) is the Action Format of both of them. At the beginning of creation by becoming one [supreme power] and being special by its power without any purpose many types of characters [Special form] holds and in the end the world dissolves in it and same supreme power provide pure intelligence. Supreme power is the fire, the same sun, the same air, the same moon, the same Venus, the same Brahma, the same water, and the same is Prajapati. Dev (supreme power) exists in fire, which is in water, and is occupied (everywhere) in the entire universe and which is present in the Medicine and the vegetation also that god (God). This soul is neither a woman, nor a man, nor an important, the one who holds the body remains the same. The supreme power, (the power that exists everywhere), that power is the form of knowledge, which is the power time (time). Who is the virtuous and Omniscient [all knowing] Inspired by that the earth, water, fire, air, and sky, established In their own deed, keeps interaction, think of that supreme power. Head-Neck-and chest keeping the body together, by controlling all the indices by concentrating peace of mind, strengthen the meditation while uttering the sound 'Om'. To control the mind, do pranayama. These actions are to be held at quiet, secluded, and in a clean place. In this way, where ever Yogi does Yoga, the Yogi experience the Brahma Tattva (God) with the illuminating self, similar to the lamp, That yogi is free from all unborn, steady, and all elements, he releases himself from all bounding by knowing that God. Thus, from this brief description of Shvetashwar Upanishad, it can be understood that the Shiva as described in Veda, he is the only creator of the Universe, is rearing the universe, is also the destroyer, spreads everywhere known as power form of formless God. It is submitted that Vedas are the foundation of Hindu religion, all types of basic knowledge and science are available. This is the first knowledge book of the universe, on basis of this Vedas, all Purans and Hindu texts are written or spoken, now it can be seen brief form of Shiv from Hindu texts written after Vedas. The 'Shev sect' is known for worshiping different forms of Shiva by believing it as God, this sect. has its own elaborate literature how much is truth, it is the matter of research but in Bharat it has been recognized at least 2500 years ago it is known from the available evidence, how old is this from it is a matter of research. The main forms of Shiva People whom people in Bharat or abroad worship him as God in the form of idol or phallus. The visual part of Shiv is as follows: 1. Panchamukhi Shiva 2. Asht Vidh Shiva 3. Ekadash Rudra 4. Various Incarnations of Shiva 5. Bhairav 6. Shiva's Yogavatar The Origin of Lingas: The origin of the Linga's in the Puranas in such a way that when this creation was taking place, there was a fierce battle between Brahma and Vishnu, and in that war a huge Jyotipunj appeared between them, As a result of this sudden incident, both of them stopped fighting together and went to know the secrets of this light; they went up and down in the form of swan and wind, but there was no end to it then both of them came back and gathered and explored Lingas at that time they heard a sound 'Om' coming out of that Jyotirmay Lingas, and universe was created, first of all it came in form of Golden egg and it remain in same format for thousand years after that egg got divided which created Sky and Earth Brahma and Vishnu performed the prayer of Jyotirlinga with Om Mantras then from that Jyotirlingas in form of words [a,aa,e,ee,u,oo,r,tr,others) Shiv along with Uma manifested when he lift his head again and looked upwards then from sound of Omkar he visualize 38 words Ishan Mantras, 24 words Tatpurush Mantra, 33 words Aghor Mantras, 35 words Sadhojat Mantras and 66 words Vamdev Mantras knowing these five mantras Vishnu started Chanting these mantras and prayed Shiva by these in Mantra form from here onwards the origin of worship Jyotipunj Lingas started, the main meaning of the word lingas is symbol, i.e. here, we understand from Shivling that in entire universe Shivaling is considered to be the symbol of the ultimate power which prevails inside and outside of it, word Shiva it the only power who runs, creates, .and destroy this universe. This universe is its direct symbol, hence Shivling is considered as symbol of God. Different types of lingas: There are two main types of lingas the first type of lingas is called as swambhu, meaning of swamboo is who is self-generated, second type of Lingas are produced, Lingas are produced from Mercury, Gold, Silver, Diamond, Sfetik, Precious Stones, stones and Mud, it can be made from other materials also, Shiv Lingas made of mud are dissolved in water after worshipping daily balance type of Lingas are permanent. According to tradition every piece of stone found in Narmada river is treated as Lingas. Apart from this trees and plants are also symbol of Shiv Lingas. Legislation of worshiping Statues and Lingas: Shiva statue created along Human shape is called Pratima, Customs of worshiping the Idols and Lingas are almost same. Worshiping of Shiva's Formless Lingas: In addition to external worship, internal worship is also mentioned in the Puranas, for spiritual contemplation and meditation two types of Lingas have been defined Lingas created by physical materials available outside and interior Lingas, for the sake of emotional fulfillment of common mass concept of Solid outside form of Lingas, has been perceived, the epicenter lingus which means the spiritual astral body, which does have direct experience the same ignorant persons perform prayer etc everything outside by imagining it externally, by meditating Jnan meditation yoga, in meditation, that subtle Lingas symbol of Shiva sees himself sitting in his own right. Once this knowledge is attained, there is liberation this is worshiping the formless Lingas. Knowledgeable people perform meditation yoga by the equator were he visualize subtle shape Shiva sitting within itself when his knowledge is attained he gets Liberation, this is the way to worship the formless Lingus. Pasupat ki Utpatti: According to Ling Purana, Pasupat vrat Yoga scriptures and Kapil Samkhya are composed by Shiva and Pasupat was created earlier and it's the best. Shiva had very first preached to Vishnu etc deities of Pasupat second time he preached at time when he inhale poison occur from sea churn, third time he preached to Prajapati Daksh on the occasion when Daksh oblation [Yag] was vandalize. Shiva 28 yoga avatars were also holders of pasupat vrat they spread the Pasupat through their disciples. Pasupat vrat which was originated by Lord Shiva, after him the Yoga incarnation held at different times by different people took forward but all of them are available in Holy book [Grant] but they are discussed in the context here and there. Out of these the last Yoga avatar his name was 'Lakuleesh' and he was born presently known as Gujarat in Vadaodra district, according to time he reached Ujjain their he delivered his first preach to Kushik and other disciples on manner in which Shiv performed and practiced the Pasupat vrat, and Mahadev south facing statute i.e sacraments or pledge the bhasma purified by Sadhojatadi 5 Shiva Mantra's to Mahakal this prime action has been interpreted in Pasupat Sutra by authentic interpreter 'kodilya' in his first Sutra. Mahadev authentic south-direction Linga formation is the only one at 'Mahakaleshwar Jyotirling' besides this the accreditation is that it doesn't exist at any other place. Persons who adopt Pasupat yog should take bath thrice with Bhasam, should sleep on bed of Bhasma, even after taking food etc he should put Bhasam on his body, should possess Shiva Nirmaalya, such as House holders and people living in the other hermitage have their own special symbols likewise Bathing with Bhasam [Bhasam ashnan], Sleeping on Bhasam, Anuashnan Shiva Nirmaalya are symbol of person of Pasupatl's, Pasupati should chant five Braharn mantra purified by 'Sadvoiata'all these should be performed in congruence of south facing staue of Lord Mahadev.ln brief it has been narrated about Pasupat, Pasupat tradition originated from Lord Shiva has always been followed regularly in Bharat today they are known as 'Naga Sadhu', There is evident proof of Pasupat and Naga Sadhu's are time to time mentioned in ancient books [Grants], and are been quoted in scripts of others religion [Jainism and others]. Origin of Mahakal : According to Shiva Mahapurana Kotirudra sanhita Update 16, a Brahmin lived with his four sons in Ujjain [Ujjani] city, that Brahman daily used to perform Agni horn and terrestrial Shiva Linga, at the same time an evil demon called Dushan lived on the mountain called Ratanmal. On day when Brahman was delighted in meditation of Lord Shiva then only Dushan monster arrived along with his army and tried to kill Brahman then only Lord Shiva manifest from the terrestrial Linga worshiped by the Brahman, said that I am Mahakal who destroys evil demon like you, move away from this Brahman, and by a single word 'Hunkar' reduced that evil demon along with his army into ashes, after the killing of Dushan these Brahmins prayed to Lord Shiva to stay their and Lord Shiv accepted it stable himself in form of Lingas and known as Mahakal. In the 17th chapter of this mythology, King Chandra Sen of Ujjain and one Gope child also worship the Mahakaleshwar Lingas. Pasupat and Mahakal: In the Puranas and many other literature, the material related to Mahakal is obtained, according to available evidence, current Mahakal temple is the only authentic South facing Shiva Linga, in the past there was crematorium at this place, this is the only Shiv Lingas in the universe on which from unknown time ashes of funeral pyre brought from crematorium by pronouncing Sadyojata Five mantras is plated by Naga [Pasupatis] Sadhu. This tradition is experimented anywhere else except Mahakal no other sect in the universe except Pasupat loves Bhasam and crematorium, he is worshiper of south facing Shiva and uses bhasam purified by Pach Braham[ Sadyojata] mantras. Current format of Pasupat which was preached by Lukulish in Ujjain these probes that Pasupat and Mahakal are mutually related and according to the said behavior in Mahakal before and during today's time, Mahant of Nag a Sadhu's at Mahakal is following the tradition of Pasupat. Swet Saga the first Pasupat acharya in Swetashwer upnished have mentioned at different places about Divine power of Shiva especially in chapter (4-20) He has praise a special appearance of Rudra's southern face, In mahabharat chapter Anushasan parv Shiva told Uma that I have delivered the preaching on Pasupat from my Southern face, in Shiv Mahapuran, Ling Mahapuran, Panchbrahmhopnishad volumes south facing Shiva has been called Aghor, It is famous the crematorium is very dear to Shiva and Shaiv Aghories, in Ling Mahapuran worshiping South facing Shiva by Bhasam has been mentioned specifically, proof in these texts certify and it is evident that the present Jyotilinga of Mahakal south facing aghor shiva statue, that's why Naga Sadhu's (Followers of Pasupat branch) are offering Bhasam ashnan daily to him, since ancient times (according to the evidence of Kondilya it is 1500 years back) is being performed even today. The ritual of performing Bhasma ashnan to Mahakal can be carried out only and only by Naga sadhu's nobody else can do nor should it can be attempted. If attempted it will destroy the tradition and will hurt the sentiments of Hindu religion. Today even the Hindu devotees visit Mahakal to visualize the Bhasma Ashnan of Maharaja Mahakal. Antiquity of Mahakal and Pasupat: By 1735 when Ujjain has come under domination of Marathas at that time Ranoji Schinde who was appointed by Peshwas, and has given charge of Ujjain to Diwan Ramchandra this Diwan Ramchandra had rebuilt the present Mahakal Temple, approx 1235 Shamsuddin Alatmas had robbed and destroyed the Mahakal Mandir. Restoration of Mahakal Temple was executed by Raja Bhoj approx during 1010, state poet Ban Bhat of Harshvardan who ruled the state during 590-647 has also described about Mahakal and Pasupat in his poem Harshcharit and Kadambari. During the time of Vikramaditya great Poet Kalidas has specifically mentioned Mahakal Temple in his Poetry Raghuvansh and Meghdoot it is difficult to specify the time of Kalidas, but at least 1650 years is prevalent in the past less than that. Apart these description of Mahakal are found in Puranas and Tantra shastra also, but time can be mentioned by Historians, we can't. In book Heart of Jannisium written by Stevenson has also mentioned that Founder of Jain religion Mahaveer also visited Ujjain and has performed austerity, famous Mahakal Temple was established in Ujjaini. What is the truth we can't say but from the available scripts it can be mentioned that approx 2000 years past existence of Mahakal Temple is evident because Historian has predicted the time of composition and preaching of Pasupat 150 B.C to 1st A.D and there is indirect form of discussion of Mahakal in Pasupat Sutra. Now briefly we should view the ancientity of Pasupat. From 1295 to 1385 a person named Acharya Madhav has mentioned briefly about Nakulish Pasupat Sight to Shavya Sect in his book called Sarvya Darshan. In eight century Shankracharya has specifically discussed about Pashupat Sect in his Vedant Sutra chapter 2, fart 2, formula 37 which is an authentic book. This Formula of Vedant has clearly mentioned of Pasupat Sect by mentioning word Pati so the Pasupat is ancient the Braham Sutra and the time of composition of Vedant sutra is between 4000 B.C to 450 B.C as described by historian in their own way, so it is difficult to predict the exact time, approx 2000 years back Pasupat Sect was fully established or it was' in the beginning shape this can be said." Preservation of Mahakaleshwar Linga:;