The Supreme Court on Monday refused to hear a plea seeking exclusive Buddhist control of the Mahabodhi Temple in Bihar.
A bench of Justices MM Sundresh and K Vinod Chandran rejected the writ petition filed under Article 32 of the Constitution. The petitioner had challenged the validity of the Bodh Gaya Temple Act, 1949.
The court asked the petitioner to approach the Patna High Court instead.
“We are not inclined to entertain the petition under Article 32 of the Constitution of India. However, liberty is given to the petitioner to approach the (Patna) High Court,” said the Bench led by Justice Sundresh.
The petitioner claimed that the Bodhi Tree, under which Lord Buddha attained enlightenment, faces decay due to mismanagement by the Bodh Gaya Temple Management Committee (BTMC).
Advocate Jaydip Pati filed the plea, demanding that only Buddhists manage the Mahabodhi Temple.
The plea said this violates the fundamental rights under Articles 25 and 26 of the Constitution. It argued that Buddhists have the right to manage their religious institutions.
The petition objected to the Hindu-majority BTMC controlling the Buddhist shrine. The plea also asked the court to stop non-Buddhists from performing their rituals at the Mahabodhi Temple.
It said non-Buddhist religious practices at the temple breach the rights of the Buddhist community.
The petition said the temple, a World Heritage Site since 2002, must remain under Buddhist control. It called the current setup a violation of religious freedom.
Emperor Ashoka built the first temple near the Bodhi Tree in the 3rd century BC. Recently, Buddhist monks from the All India Buddhist Forum protested in Bodh Gaya. They demanded complete control of the Mahabodhi Temple by the Buddhist community.
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