Disposed

Suo Motu v. State of Kerala

Kerala HC2 Sept 2022DBP/53/2022

Case brief

AI extract

What is this about?

This suo motu proceeding addressed unauthorized motorcycle entry into the restricted Nadapanthal of Sree Krishna Temple, Guruvayur. The court reviewed security lapses and directed the Devaswom and Police to ensure strict adherence to security protocols, conduct joint reviews, and maintain round-the-clock monitoring.

What did the court decide?

Directed respondents to ensure security protocols, conduct periodical joint security reviews, and maintain round-the-clock vigil by devaswom staff.

Suo Motu Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

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THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944

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DBP NO. 53 OF 2022

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IN THE MATTER OF GURUVAYOOR DEVASWOM - GURUVAYUR SREE KRISHNA
TEMPLE - MATTER PERTAINING TO ENTRY OF MOTOR CYCLE RIDDEN BY A
YOUNG MAN IN THE NADAPPURA OF THE TEMPLE 0 SUO MOTU PROCEED-
INGS INITIATED BASED ON A NEWS ITEM APPEARED IN MATHRUBHUMI
DAILY DATED 31/08/2022

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PETITIONER/S:

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SUO MOTU

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

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HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001

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3 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695010

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4 DISTRICT POLICE CHIEF

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THRISSUR, SAKTHAN NAGAR, THRISSUR CITY- 680001

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5 STATION HOUSE OFFICER,

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GURUVAYUR TEMPLE POLICE STATION, GURUVAYUR - 680101

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6 GURUVAYOOR DEVASWOM MANAGING COMMITTEE REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYUR-680101

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DBP No.53 of 2022

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7ADDL R7- THE ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
SOUTH NADA,
MELPATHUR ROAD, GURUVAYUR-680 101
*IS SUO MOTU IMPLEADED AS THE ADDITIONAL 7TH RE-
SPONDENT VIDE ORDER
DATED 01/09/2022 IN DBP.NO.53/2022

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OTHER PRESENT:

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;

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SRI T.K.VIPINDAS- STANDING COUNSEL FOR GURUVAYUR
DEVASWOM MANAGING COMMITTEE

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON

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02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DBP No.53 of 2022

O R D E R

Anil K. Narendran, J.

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This suo motu proceedings is initiated based on a news item that appeared in Mathrubhumi daily dated 31.08.2022 regarding entry of a motorcycle ridden by a young man into the Nadapanthal of Sree Krishna Temple, Guruvayur.

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On 01.09.2022, when this DBP came up for consideration, the Assistant Commissioner of Police, Guruvayur was suo motu impleaded as additional 7^th respondent. The Administrator, Guruvayur Devaswom Managing Committee and also the additional 7^th respondent Commissioner of Police were directed to file individual reports on the security protocols in Sree Krishna Temple, Guruvayur, in sealed covers. The police and also the Security Wing of the Guruvayur Devaswom were directed to take necessary steps to ensure that the directions contained in the order of this Court in Suo Motu v. Guruvayur Devaswom Managing Committee and others [(2022) SCC OnLine Ker. 336] (order dated 21.06.2022 in DBP.No.21 of 2021) are followed in letter and spirit by all concerned.

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Today when the matter is taken up for consideration, the

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report dated 31.08.2022 of the Deputy Administrator, Guruvayur Devaswom and also the report dated 31.08.2022 of the Security

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DBP No.53 of 2022

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Supervisor, Guruvayur Devaswom are placed on record in a sealed cover, along with a covering letter dated 02.09.2022 of the Administrator of Guruvayur Devaswom Managing Committee. The report dated 02.09.2022 of the Assistant Commissioner of Police, Guruvayur, is also placed on record in a sealed cover. We have perused the aforesaid reports. From the report of the Assistant Commissioner of Police, Guruvayur, it is seen that the accused in Crime No.689 of 2022 of Guruvayur Temple Police Station trespassed into the temple premises through the Sathram Gate, East Nada,

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Guruvayur

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on his motorcycle by 20.54 hours, in a rash and negligent manner. He was detained at the gate near west inner Nada and handed over to the Police. The report of the Security Supervisor, Guruvayur Devaswom would show that he was riding motorcycle through the Nadapanthal in a rash and negligent manner.

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In Suo Motu v. Guruvayur Devaswom Managing Committee and others [(2022) SCC OnLine Ker. 336] this Court has made it clear that a ‘worshipper’, who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to the practise and tradition in Guruvayur Sree Krishna Temple. Nadapanthal is not intended for the movement of worshippers in vehicles. Entry of vehicles

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DBP No.53 of 2022

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through Nadapanthal will certainly cause inconvenience to the worshippers, especially children of tender age, senior citizens, persons with disabilities and also mentally challenged persons. Restricted entry of vehicles through the northern gate, causing least inconvenience to the worshippers moving through the Nadapanthal, can be permitted for disabled persons or aged persons with restricted movement. Similarly, restricted movement of vehicles for the supply of articles to the temple for offerings and annadhanam, causing least inconvenience to the worshippers moving through the Nadapanthal, can also be permitted. In addition to this, the movement of ambulance through Nadapanthal, in case of emergency, can also be permitted. However, the practise of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadapanthal, with the active support of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect.

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By G.O(P)No.74/2018/Home dated 24.11.2018, based on

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the recommendation made by the State Police Chief, Guruvayur Sree Krishna Temple, is declared as a Special Security Zone (SSZ), for the purpose of Kerala Police Act, 2011. The said notification is one issued under sub-section (1) of Section 83 of the Kerala Police Act. The stand taken in the report of the Assistant Commissioner of Police, Guruvayur is that in view of the aforesaid notification, utmost vigil is being

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DBP No.53 of 2022

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maintained in the security of Sree Krishna Temple, Guruvayur, considering the present security scenario in the country. No public vehicles are being allowed to enter into Nadapanthal through the East, South, West and North Nada Gates. All Police personnel deployed for duty in and around the temple have been briefed in this regard. However, the Police personnel who were on duty at the respective points around the temple on 30.08.2022 and the security staff of Guruvayur Devaswom have not acted properly and they have not made any attempt to prevent the trespassed person, who entered the restricted area on a motorcycle. Since there has been lapse on the part of the officers assigned with security duty of Sree Krishna Temple, Guruvayur, a special report has already been submitted to the District Police Chief, Thrissur City to take disciplinary action against five Police personnel who were on duty on the respective duty points through which the accused person entered the restricted area on a motorcycle. The Guruvayur Temple Police Station, which was formed in the year 2014, deals with the entire security of Sree Krishna Temple, Guruvayur. The Station-in-charge is

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the Inspector of Police, who has jurisdiction over one and a half kilometers surrounding the temple and inside and outside of the temple premises. The sanctioned strength of Guruvayur Temple

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DBP No.53 of 2022

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Police Station is 46.

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In the report, the Assistant Commissioner of Police has explained in detail the 4-tier security system in Sree Krishna Temple, Guruvayur. The access inside Chuttambhalam of the temple is the responsibility of the security staff and other staff appointed by Guruvayur Devaswom. 310 CCTV cameras have been installed in the temple premises by Guruvayur Devaswom as part of ‘Prasadam Project’ and the monitoring of CCTV is done by Guruvayur Devaswom staff. As per the report of the Assistant Commissioner of Police, a Joint Security Review was conducted on 20.01.2022 by the Central Security Agency along with State Police/CID and Guruvayur Devaswom to review the existing security measures at Sree Krishna Temple, Guruvayur. A Technical Committee was formed after the Joint Security Review and it has been decided to convene the first meeting of the said committee on 06.09.2022. The Police personnel and the security staff were properly briefed following the incident on 30.08.2022 and they have been reminded the necessity of proper application of mind while on duty. Instructions have been given to

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the Station House Officer of Guruvayur Temple Police Station to conduct frequent checking at all security points to alert the Police personnel and the security staff on duty. As per the report, utmost

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DBP No.53 of 2022

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care is being taken to avoid any such untoward incident in Sree Krishna Temple, Guruvayur in future.

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The report of the Assistant Commissioner of Police, Guruvayur would show that on 30.08.2022 the Police personnel who were on duty at the respective points around Sree Krishna Temple, Guruvayur and the security staff of Guruvayur Devaswom have not acted properly in preventing the trespassed person, who entered the restricted area on a motorcycle. The said report would also show that the monitoring of CCTV with a network of 310 CCTV cameras in the temple premises is being done by the staff of Guruvayur Devaswom. The fact that the trespassed person moved through the Nadapanthal on a motorcycle in a rash and negligent manner would show that there was serious lapse on the part of the staff of Guruvayur Devaswom, who were on duty to monitor the CCTV. Nothing has been stated in the report of the Deputy Administrator or the security supervisor of Guruvayur Devaswom, on the above aspect.

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Having considered the submissions made by the learned Senior Government Pleader and the learned Standing Counsel for the Guruvayur Devaswom Managing Committee, we deem it appropriate to direct respondents 5 to 7 to take necessary steps to ensure that there is no security lapse in Sree Krishna Temple, Guruvayur. The

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DBP No.53 of 2022

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Central Security Agency and the State Police along with the concerned officers of Guruvayur Devaswom shall conduct periodical Joint Security Review in Sree Krishna Temple, Guruvayur. The Technical Committee formed after the Joint Security Review conducted on 20.01.2022 shall meet in regular intervals to have discussions on the security protocol in Sree Krishna Temple, Guruvayur. Guruvayur Devaswom Managing Committee shall take necessary steps to ensure that the Devaswom staff on security duty, under the Security Supervisor of Guruvayur Devaswom is having constant vigil round the clock. Any lapse on the part of Devaswom staff on security duty shall be dealt with appropriately by the Guruvayur Devaswom Managing Committee.

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With the above directions, this DBP is disposed of.

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Registry shall keep the reports of the Deputy Administrator and Security Supervisor, Guruvayur Devaswom and also the report of the Assistant Commissioner of Police, Guruvayur, in a sealed cover, in the Judge’s Papers of this DBP.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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