Petitioners challenged police interference with saffron flags at a temple festival. The court held saffron decorations are permissible but banned political symbols.
Petition disposed of with observation that saffron flags are permissible but political symbols are banned in temple premises.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941
WP(C).No.5626 OF 2020(C)
PETITIONERS:
BY ADVS.SRI.R.KRISHNA RAJ SMT.E.S.SONI
RESPONDENTS:
W.P.(C)No.5626 of 2020
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4 SUPERINTENDENT OF POLICE, KOLLAM,PIN-691001.
G.P. SRI. ANANDAKRISHNAN; SRI.K. SASIKUMAR, STANDING COUNSEL FOR TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Ravikumar, J.
Alleging illegal and unnecessary interference with the conduct of festival at Kuzhimathikkadu Chirakkadavu Bhagavathi Temple the petitioners filed this writ petition seeking the following reliefs:-
The contention of the petitioners is that two karas to which they belong are conducting kettukazhcha in connection with the festival in the said temple . The various places of the two karas are decorated with saffron flags and some persons belonging to the political party (CPIM), in protest, put flags in the temple premises alongside the saffron flags, it is submitted. Even on the branches of the banyan tree they put flag of their party, it is submitted. The further grievance of the petitioners is that respondents 3 to 5 who are respectively the Sub Inspector of Police, Ezhukone, Circle Inspector of Police, Ezhukone and
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Superintendent of Police, Kollam issued strict oral warnings to the entire devotees against the use of saffron flags and festoons/decorations in the procession or floats. It is also their contention that they compelled the devotees to remove all saffron flags even the one put up by individuals at their homes. It is the inaction on the part of the Devaswom against respondents 3 to 5 despite such illegal interference that constrained the petitioners to approach this Court raising the aforementioned contentions. The festival in the temple viz. ' Kumbha Bharani Maholsavam ' is scheduled to begin from 27.2.2020 and the K ettukazhcha offering is scheduled to be held on 29.2.2020.
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the premises of the temple with festoons or flags carrying their party's or organization's symbol or sign it is a matter to be taken up seriously and the matter has to be taken appropriately before the Police authorities by the Temple Advisory Committee or the Devaswom concerned. We shall not be understood to have held that decorations using festoons or flags in saffron colour in the temple is impermissible in the matter of celebration in a temple festival. However, we may hasten to add they shall not carry signs or symbol of any political party or organization. If unauthorizedly any flag carrying symbol or signs of any political party or any organization are put up in the temple premises or properties belonging to the Devaswom Board, the matter shall be taken appropriately by the Devaswom Board or the Temple Advisory Committee before the Police authorities and in such eventuality, the Police authorities shall take appropriate action.
With the above observation this writ petition stands disposed of.
Sd/-
C.T.RAVIKUMAR Judge
Sd/-
N.NAGARESH Judge
TKS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE RELEVANT PAGE OF THE FESTIVAL NOTICE EXHIBIT P2 COPY OF PHOTOGRAPH EXHIBIT P3 COPY OF PHOTOGRAPH EXHIBIT P4 COPY OF PHOTOGRAPH.
TKS
2 issues framed by the court
Whether police interference with temple decorations infringes petitioners' rights.
Whether use of saffron flags is permissible in temple festivals.
Abhilash Vijay V.
Hiran.S.Murali
Travancore Devaswom Board
Kshethra Upadeshaka Samithi
Superintendent of Police, Kollam
C.T.Ravikumar
N.Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
