Ownership & Control of Jain Tirth Kshetra, Shri Sammed Shikhar Ji: Correct facts Correct truth

 

Arhat Vachan, Kundkund Gyanpeeth, Indore

ISSN 0971-9024 Year-26, Issue-3, July-September-2014, 31-39

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The Shwetambar idol-worshiping community has continuously presented various obstacles on the Sammed Shikhar Ji mountain, which continue to this day. The final hearing is ongoing in the Supreme Court regarding the petition submitted by this idol-worshiping Shwetambar Jain community.

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Facts related to Shikharji's protection

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Presentation by Chairman Nirmal Kumar Patodi on behalf of Sadbhavna Paramarth Trust, Indore.

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The dispute regarding the rights and management of the Siddhakshetra Sammed Shikhar mountain is currently under consideration in the Supreme Court. Shri Manikchandra Javehri was the founder of the Bharatvarshiya Digambar Jain Tirthkshetra Committee and served as its General Secretary. Throughout his life, he dedicated himself tirelessly to the protection of Shikharji mountain for the benefit of religion and society, demonstrating commendable efforts. He also contributed to other pilgrimage sites and played a creative role in resolving various issues related to the community.

Shikhar Ji mountain has always belonged to the Digambar community, and the following book serves as proof: **Br. Sheetal Prasad Jain, "Danveer Manikchand," Mumbai, 1991**. Even today, inspiration can be drawn from the life of Danveer Manikchand Javehri to resolve the current entanglements prevalent in the Jain community.

The historical events are presented here:-                     In the winter of Vikram Samvat 1953 (1896 CE), Seth Manikchand Javehri, along with his younger brother Seth Nawalchand and his nephew Chunnilal Jhaverchand, arrived at the highly sacred pilgrimage site of Sammedachal Mountain (Hazaribagh-Bihar) to offer their respects. After bathing, he donned a clean white dhoti and shawl and, along with his companions, first reached the Sitanala with offerings such as Ashtadravya, a kalash (pitcher), a rakabi (plate), and a strainer. Here, they washed the offerings and filled the kalash with water for the purification.

While climbing the mountain from Sitanala to the temple of Shri Kunthunath Swami, he found the ascent somewhat challenging. He observed that elderly men, women, and children were struggling to climb. However, out of devotion, everyone was persevering. Nawalchandji thought that building stairs here would provide great convenience for everyone. He performed the purification of the footwear at all the stops, offered Ashtadravya, made circumambulations, and worshipped with deep devotion.

In between, at the water temple, there were three reflections; in the central pedestal was a Shwetambari idol, and the two surrounding pedestals had Digambar idols. The Digambar idols were worshipped with great devotion through purification. As evening approached, they descended after the journey. That night, Chunnilalji called a gathering of the travelers. It was decided to construct 4000 stairs on the mountain, and contributions were solicited from the travelers. He initially contributed Rs. 1001 from his side. A total amount of Rs. 6014 was collected. The work of constructing the stairs was entrusted to Babu Harilalji, the accountant of Uparaili's lodge. He began the work of constructing the stairs, but after his passing, the responsibility was handed over to Babu Raghavji.

With the efforts of Seth Nawalchand, 700 steps were constructed from Sitanala to the temple of Kunthunath Swami in Vikram Samvat 1953 (1898 CE). The Shwetambaris did not appreciate this work, which was indeed intended for the convenience of all pilgrims. Without considering this goodwill, the Shwetambari brothers secretly demolished 205 steps on the night of January 12, 1899. The next day, a report was filed with the police. A criminal case numbered 1/1900 was filed in the Giridih court. The Additional Judge of Hazaribagh, in an order dated September 9, 1901, ruled that the destruction of the steps by the Shwetambaris was a wrongful act and that the Digambar community had the right to construct the steps. The two brothers from the Shwetambar lodge were sentenced to eight days in jail.

The case was prosecuted by the new accountant Raghavji from the Beespanthi lodge. Information about this proceeding was disseminated in Hathras by printing 4000 pamphlets. The Mahasabha formed a committee to advocate for the case. Meanwhile, the Shwetambaris appealed to the Calcutta High Court. Unfortunately, due to the negligence of the Digambars in properly presenting their case, the Shwetambari brothers were acquitted. Following this, the Mahasabha accepted the proposal to file a civil lawsuit after consulting with lawyers.

To expand the activities of the Sabha, it was decided to publish a journal called Jainmitra based on the proposal of Pandit Gopal Das Ji. Editor Pandit Gopal Das Ji Baraiya and proprietor Seth Manikchand Ji were appointed for this purpose. Since the Mahasabha took charge of the Shikharji work under the Bombay Sabha, Seth Manikchand Ji had become fully active in the protection of the pilgrimage site. He was continuously engaged day and night in ensuring the proper management of Shikharji.

It was his efforts that led to a civil lawsuit against the Shwetambaris for ₹5000 as compensation for the destruction of the steps constructed on the mountain, and a decree of ₹1875 was awarded to the Digambar community by the learned judge against the Shwetambaris.

“The Swetambari sect can not deprive the Digambari sect of their right of way over the path. The Defts individually and as agent of and servents of the Swetambary sect had, in my opinion no right to demolish the stairs and remove the same…They are here to wanted not to commit further mischief and resist the construction of the stairs. They shall pay Rs. 1845/- as damages to the plaintiff (Digambers)

In Vikram Samvat 1958, Seth Panachand Ji, the elder brother of Manikchand Ji, went on a pilgrimage to Shikharji with his family. At the temple of Lord Parsvanath, he learned that Shwetambari Rai Badridev Ji from Calcutta intended to install an idol at the temple on the day of Sudhi 13 instead of the traditional placement of the Charan Padukas (footwear). Invitation cards had also been issued for the event.

Panachand Ji promptly wrote a letter to Manikchand Ji with this information. As soon as the news reached Bombay, a telegram was sent to Lord Curzon requesting that, as the Charan Padukas have always been established at the Parsvanath temple, they should remain there and that the idol should not be installed. Later, Seth Manikchand Ji arrived at Shikharji with his community companions and called prominent individuals from other places as well.

For this work, ₹1000 were collected. Meanwhile, Lord Curzon ordered the Deputy Commissioner of Ranchi to make the necessary arrangements. A prohibition order against removing the Charan Padukas from the temple was issued. This decision by the government brought satisfaction to Seth Ji and the entire Digambar Jain community. Upon returning to Bombay, Manikchand Ji received news that on the day of the idol installation, 200 constables, a police officer, and a superintendent were sent to the temple, preventing the installation of the idol. As always, the Charan Padukas remained in place.

Seth Ji was known for promptly announcing financial contributions for any project. To resolve the issues surrounding Shikharji, a proposal was made to buy the mountain from the government. A meeting of the Tirthkshetra Committee was called on June 28 in Khurja, where Seth Ji announced his pledge of ₹10,000. 

Contributions came from various places including Delhi, Khurja, Saharanpur, Rawalpindi, Ajmer, Indore, Sholapur, Jaipur, Bijnor, Najibabad, Gaya, Secunderabad, Dehradun, Lalitpur, Alapur, Raichur, Lashkar, Badnagar, Mahu, Nimad, Banaras, Sadara (Gujarat), Udaipur, Eder, and Ambala. Over 117 years ago, ₹200,000 were raised to save the Sammed Shikharji pilgrimage site. Seth Ji was someone whose words were never violated. His qualities included justice, thoughtfulness, seriousness, tolerance, and a relentless commitment to the service of religion and community.

On June 18, a telegram was sent to the Major Lord from the Tirthkshetra Committee, to which Seth Ji received a response from the Deputy Secretary of the Government of India, letter number 1749 dated July 16, 1907, stating that the Major Lord himself would visit the site. The Jains would be given an opportunity to present their case, and leases for the bungalows would not be granted until the small Major Lord conducted an investigation. Some points from the letter included: "I am to add that no action whatever will be taken towards granting leases on the hill until the inquiry has been held by his Honour the Lieutenant Governor."

Seeing the situation escalate, Seth Manikchand Ji consulted in Bombay and accordingly decided that if the King of Palganj refused to give permission and the Shwetambaris supported him, this nuisance might be resolved. Therefore, he sent his nephew, Seth Chunnilal Bhaverchand, along with Lala Prabhudayal Ji, Seth Padmachand Ji, Mr. Chunnilal B.A., Superintendent of the Jain Boarding in Bombay, and other brothers to Giridih on the date of Ashadh Sudhi 4 (July 14). Babu Devkumar Ji and Babu Kirodichand also came from Ara. Despite significant efforts, the Shwetambari community was unable to reach an agreement due to the dissent of Rai Badridev Ji from Calcutta, and there was no success with the King of Palganj either.

On August 1, 1907, the Commissioner arrived at Shikharji. Babu Dhannulal Attorney, Seth Parameshtidas, and people from Bombay stated that they could not tolerate any harm to the sanctity of Shikharji. Seth Manikchand Ji received information from the Deputy Commissioner of Hazaribagh that Lord Sahib would visit Shikharji on August 28, 29, and 30, 1907.

On August 26, a meeting was held at Beespanthi Lodge under the chairmanship of Lala Sultan Singh from Delhi, where a memorandum was read and approved. Signatures were obtained, and a list of 65 members was created. On August 27, 1907, Lord Sahib, Lord Fraser, went to inspect the mountain. On August 28, Lord Sahib visited from the temple of Lord Parsvanath to the temple of Lord Kunthunath with 15 Digambars, and later to Sitanala. The Shwetambaris were also invited, but none of them attended.

During the journey, Lord Sahib discussed matters with the representatives and the people explained the sanctity of the mountain. At 2 PM, Lord Sahib arrived at the bungalow. Here, Rai Badridev and seven to eight Shwetambaris, along with some Digambars, met him. Approximately 100 Shwetambaris and about 2500 Digambars had gathered at Shikharji.

On August 29, Lord Sahib descended from the mountain. He visited the Digambar temple wearing cloth shoes. In the pandal, Lala Sultan Singh, a wealthy individual from Delhi, read a memorandum and presented it in a beautiful casket made by Dhannulal Attorney. In response, Lord Sahib delivered a speech that did not satisfy the attendees, yet he kept the final decision reserved. Lord Sahib had requested two names for further discussions, which were provided by Seth Manikchand Ji.

It was decided to open an office in Calcutta for the protection of the mountain, with the clerk from the Bombay Provincial Assembly, Mojilal, appointed there. From March 28 to 31, 1908, the twelfth session of the Mahasabha was held under the chairmanship of Babu Devkumar Ji, a landlord from Ara. During the session, a letter from A.H.B. Under Secretary of the Government of Bengal, dated March 24, 1908, was received, stating that the path over the middle hill should be relinquished and that the Jains could purchase or lease it for a good price permanently. The western hill was to be allotted for European bungalows and the eastern for local bungalows, and a new road was to be constructed from Neemiyaghat to the new settlement.

The letter concluded with the directive that this was the order of the Government of India, and it should be disseminated among all Jains, and any grievances should be promptly communicated to the Court of Wards. The Mahasabha then passed Proposal No. 14, expressing that this order had hurt the hearts of all Jains.

During the journey, Lord Sahib discussed matters with the representatives and the people explained the sanctity of the mountain. At 2 PM, Lord Sahib arrived at the bungalow. Here, Rai Badridev and seven to eight Shwetambaris, along with some Digambars, met him. Approximately 100 Shwetambaris and about 2500 Digambars had gathered at Shikharji.

On August 29, Lord Sahib descended from the mountain. He visited the Digambar temple wearing cloth shoes. In the pandal, Lala Sultan Singh, a wealthy individual from Delhi, read a memorandum and presented it in a beautiful casket made by Dhannulal Attorney. In response, Lord Sahib delivered a speech that did not satisfy the attendees, yet he kept the final decision reserved. Lord Sahib had requested two names for further discussions, which were provided by Seth Manikchand Ji.

It was decided to open an office in Calcutta for the protection of the mountain, with the clerk from the Bombay Provincial Assembly, Mojilal, appointed there. From March 28 to 31, 1908, the twelfth session of the Mahasabha was held under the chairmanship of Babu Devkumar Ji, a landlord from Ara. During the session, a letter from A.H.B. Under Secretary of the Government of Bengal, dated March 24, 1908, was received, stating that the path over the middle hill should be relinquished and that the Jains could purchase or lease it for a good price permanently. The western hill was to be allotted for European bungalows and the eastern for local bungalows, and a new road was to be constructed from Neemiyaghat to the new settlement.

The letter concluded with the directive that this was the order of the Government of India, and it should be disseminated among all Jains, and any grievances should be promptly communicated to the Court of Wards. The Mahasabha then passed Proposal No. 14, expressing that this order had hurt the hearts of all Jains.

On April 30, 1908, a conference was held in Dhulia under the chairmanship of Rai Bahadur Joshi. During this conference, Damodar Bapu from Yevala supported the proposal along with Seth Balchand Hirachand, Munshi Ghulam Muhammad, and Lokamanya Bal Gangadhar Tilak. In light of the opposition surrounding the Jains, the small Lord of Bengal spoke to Babu Dhannulal, Parameshtidas, Maharaj Bahadur Singh, Rai Manilal, and Nahar Bahadur on May 16, 1908, in Calcutta. On the same day, a letter was sent from V. Ekalins, the Private Secretary, in the name of Rai Manilal, a copy of which was also received by Seth Manikchand Ji. The letter assured that the society's request to purchase the entire mountain and take it on lease permanently would be reported to the Commissioner. The matter would remain as it is until the landlord of Palganj and the Court of Wards completed their investigations.

The letter clearly indicated that an attempt should be made to lease the entire mountain. Seth Ji wrote to the people in Calcutta that a public notice should be issued that no bungalows should be constructed. When the Governor of Bombay inquired about the dissatisfaction among prominent Jains, it was explained that people were alarmed by the permission to construct bungalows. The Governor of Bombay, after consulting the Governor of Bengal, wrote a letter in June 1908 to Veerchand C.I.E., which was also published in newspapers. The letter stated that the Jains had not made any arrangements with the Raja of Palganj to purchase the mountain, which would allow them to either buy the mountain or persuade the Raja to abandon the idea of constructing bungalows on the mountain. It was deemed appropriate to halt the matter as long as the mountain remained under the Court of Wards. 

The government did not wish to harm the Jains. The issue was between the landlord and the Jains, and it was hoped that a suitable decision would soon be reached between them. The Jains would always remain loyal to the government under which they had prospered.

### Translation:

On July 11, 1908, the small Lord held another meeting in Calcutta with the Digambar and Shwetambar sects. Dhannulal, Parameshtidas, Sheetal Prasad Ji, and Dev Sahai Ji met with the Lord. They did not agree on anything definitive and were called again at night. After that, the small Lord Sir Fraser called representatives of the Jain community to Ranchi for discussions about the Shikharji issue. On September 16, 1908, discussions took place about leasing the entire mountain. Raja Palganj was also summoned. The Lord asked for a cash payment of two lakh rupees and an annual fee of fifteen thousand. The Jains, not understanding their own strength, refused, leaving the matter unresolved.

Seth Manikchand Ji arrived in Prayag from Ranchi on September 22, 1908. In the evening, a meeting was held at the house of Babu Shivcharan Lal Rais. Sheetal Prasad Ji informed about the discussions that took place in Ranchi. It was reported that they had submitted a request stating that to permanently resolve the dispute, they were willing to pay two and a half lakh rupees in cash and four thousand rupees annually. However, the matter had not yet been settled.

In 1908, the Mountain Protection Committee was active in Calcutta. Meanwhile, it was learned first through a telegram and later through a letter that the Lord had granted the Digambar Jains a lease for the entire mountain. A sum of fifty thousand rupees had been deposited, and it was decided to pay twelve thousand rupees annually to the Palganj state. The leases that were in place at that time were maintained, and the income from them would be shared with the Digambars. This approval was given by F.W. Dew Chief Secretary of the Bengal Government in his letter number 4702 dated November 30, 1908, to Babu Parameshtidas Sarawagi and Dhannulal Agarwal. In letter number 4791 dated November 30, 1908, the Secretary wrote to the government solicitor to arrange correspondence based on the Deputy Commissioner's opinion. 

After reading the letter, a significant concern of Seth Manikchand Ji was alleviated, and it was confirmed that there would be no bungalows built on the revered mountain. On October 26, 1910, a meeting was held at the Lakshminarayan Dharmshala in Delhi with the presence of 300 people, including attendees from Hazaribagh, Calcutta, Indore, Lucknow, etc. One thousand Jains gathered. With the support of Rai Bahadur Ghamandi Lal Ji, Seth Manikchand Ji’s proposal led to Lala Ishwari Prasad Ji Rais, the Municipal Commissioner and Government Treasurer of Delhi, being appointed as the chairman, while Babu Dhannulal Attorney was made the vice-chairman.

The proposal by Seth Manikchand Ji, supported by Babu Dhannulal Attorney and Arjun Lal B.A., was accepted: "The lease of the Shikharji mountain was revoked without allowing any time for the Digambars to present their case. This meeting expresses discontent regarding this and requests a reconsideration." A copy of this was sent via telegram to the Government of India. After this, it was decided to send a memorial to the big Lord, with the proposal from Seth Hukamchand Ji and the support of Bahadur Saltan Singh from Meerut. A subcommittee was formed for this purpose. The third proposal was to send regulations, granting the Tirthkshetra Committee the authority to handle correspondence.

On December 28, 1911, a committee of prominent individuals was formed in Calcutta. Seth Manikchand Ji, Seth Balchand Ramchand, and Balchand Neimachand, along with people from Sholapur, arrived in Calcutta. Discussions took place on the same day, December 28. Babu Dhannulal assured everyone that talks were ongoing with the Bengal government and urged them not to worry. Seth Ji stayed there for two days and attempted to coordinate with the Shwetamber brothers but was unsuccessful.

Since the Viceroy, Lord Minto, had annulled the Bengal Government's order to lease the Shikharji mountain, Seth Ji had been very concerned. He was working to have that order revoked because a deposit of fifty thousand rupees had already been paid for that lease. Consequently, Babu Dhannulal Ji had also issued a court notice to the Bengal Government on March 16, 1911. Furthermore, on October 16, 1912, the committee members had also accepted the proposal to file a lawsuit against the government.

Additionally, the survey conducted on the Shikharji mountain stated that all Jains had the right to access the temples and dharamshalas on the mountain without anyone's permission, as well as the right to worship and stay there.

The Shwetamber community filed a lawsuit (case number 288) on March 7, 1912, objecting that the Digambaras needed permission from the Shwetambers to perform worship, in accordance with their traditions. This lawsuit caused Seth Ji even greater concern. Upon the advice of Lala Prabhudayal, a meeting of prominent members was convened in Kanpur on February 8 and 9, 1913. The meeting included Seth Manikchand Ji, Babu Dhannulal Ji, Brahmachari Sheetal Prasad Ji, Jambuprasad Ji from Saharanpur, and 14 others. 

Under the chairmanship of Lala Sultan Singh Raees from Delhi, three proposals were passed: 

1. The money collected for the establishment of Shikharji should be added to the Mountain Protection Fund.

2. Lawsuit number 288 should be pursued, and the expenses should be shared equally between the Terapanthi and Bispanthi communities.

3. A committee of 15 members should be formed for managing the lawsuit, with Seth Harsukhdas from Hazaribagh serving as the minister and treasurer.

Starting from the new year of 1914, Seth Ji began to experience physical weakness and dizziness due to his concerns for the protection of Shri Sammed Shikhar Mountain.

Inspired by Lala Prabhudayal and according to the proposal number 2 from the Tirthkshetra Committee dated October 16, 1912, a lawsuit was filed on September 5, 1913, in the Hazaribagh Court by Babu Dhannulal and Seth Parmeshitidas against Raja Ranbahadur Singh of Palganj, seeking to uphold the mountain’s lease or receive compensation of two lakh rupees. Another lawsuit, filed by the Shwetambers, which claimed that the Digambaras did not have the right to worship freely, was pending in court. It was essential that these cases were well-represented to ensure the protection of the revered mountain and that the devotion of the Digambara Jains was not hindered.

On the other hand, in 1918, after purchasing the mountain from Raja Palganj for two lakh rupees, the Kalyanji Anand Ji Trust, under the name of Kasturbhai, installed gates along the pathways on the mountain to prevent Digambaras from going up for worship. They appointed guards to ensure that no one could ascend the mountain without permission, causing outrage among the Digambaras. They filed a lawsuit, which ruled that the Digambara community has full rights to worship and visit the mountain, and that gates could not be installed along the pathways.

Yours sincerely,