Disposed

Suo Motu v. the State of Kerala

Kerala HC15 Feb 2023SSCR/4/2023

Case brief

AI extract

What is this about?

The court addressed a report about a Devaswom guard who misbehaved with pilgrims at Sabarimala Temple. It deprecated the board's casual approach and directed disciplinary action against the guard while ordering measures to prevent such incidents.

What did the court decide?

The court directed the Travancore Devaswom Board to take disciplinary action against the guard, barred him from future duty at the Sopanam, and ordered the board to place the disciplinary decision bef

Suo Motu Vs the State of Kerala — Public Procurement and Tenders | Kerala HC (2023)

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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
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA,

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SSCR NO.4 OF 2023

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(IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SABARIMALA

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SREE DHARMA SASTHA TEMPLE – SM REPORT NO.4/2023 – REPORT

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SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA

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REGARDING THE MISBEHAVIOUR OF A TRAVANCORE DEVASWOM BOARD
GUARD TO DEVOTEES HAVING DARSHAN ALONG THE FIRST ROW OF
SABARIMALA SREE DHARMA SASTHA TEMPLE AFTER DEEPARADHANA

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ON THE MAKARAVILAKKU DAY OF 14.01.2023)

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PETITIONER/S:

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SUO MOTU

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RESPONDENT/S:

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

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2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWADIAR POST, THIRUVANANTHAPURAM - 695003

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3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPUARAM, PIN - 695005

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4 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695003

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SSCR No.4 OF 2023

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5 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE-VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003

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6 *ADDL R6- THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM GROUP, FORT P.O., THIRUVANANTHAPURAM - 695 023

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7 *ADDL R7- ARUNKUMAR S. DEVASWOM WATCHER, MANACAUD DEVASWOM, MANACAUD, THIRUVANANTHAPURAM GROUP, THIRUVANANTHAPURAM - 695 009.

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*ADDL.R6 & R7 ARE SUO MOTU IMPLEADED AS PER ORDER DATED
16.01.2023 IN SSCR 4/2023

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BY ADVS.
SC, TRAVANCORE DEVASWOM BOARD - TDB
SHRI.S.RAJMOHAN, SENIOR G.P.
Sujin S
N.N.SUGUNAPALAN (SR.)(S-678)
Biju

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OTHER PRESENT:

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SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI
G.BIJU-STANDING COUNSEL-TRAVANCORE DEVASWOM
BOARD ; SRI N.RAGHURAJ-AMICUS CURIAE

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THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING

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COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

SSCR No.4 OF 2023

O R D E R

Anil K.Narendran, J.

The Special Commissioner, Sabarimala has filed this report regarding the misbehavior of a guard deployed by the Travancore Devaswom Board, on the Makaravilakku day, i.e., 14.01.2023, after ‘Deeparadhana’, towards the pilgrims having darshan along the first row in front of Sreekovil of Sabarimala Sannidhanam. As per the visuals that appeared in visual media, the guard standing at Sopanam, in front of Sreekovil, violently pushed the pilgrims having darshan along the first row in front of Sreekovil. The Special Commissioner, Sabarimala called for a report from the 5^th respondent Chief Vigilance and Security Officer, regarding the identity of the Devaswom guard, who is identified as one Arunkumar S., Devaswom Watcher, Manacaud Devaswom, Thiruvananthapuram Group, who was posted on special duty at Sopanam. According to the report of the Chief Vigilance and Security Officer, due to the pressure of the crowd from the flyover to the temple after ‘Deeparadhana’, there arose congestion and a direction was given to speed up the crowd flow. In that process, the Devaswom guard pushed forward the pilgrims coming along the first row. The Devaswom guard, who

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has misbehaved with pilgrims, has been relieved from duty at Sabarimala and sent back to his home station on the next day itself, i.e., on 15.01.2023.

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On 16.01.2023, when this SSCR came up for

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consideration, we viewed the visuals that appeared in visual media. In paragraph 4 of the order dated 16.01.2023, we noticed that, as stated in the report of the Special Commissioner, the body language and the facial expression of the Devaswom guard, while shoving the pilgrims in front of Sreekovil of Sabarimala Sannidhanam have to be deprecated in the strongest words and for such misbehavior towards pilgrims, the Devaswom guard has to be proceeded against, in accordance with law.

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By the order dated 16.01.2023, the Assistant Devaswom Commissioner, Travancore Devaswom Board, Thiruvananthapuram Group, Fort P.O., Thiruvananthapuram – 695 023 and Arunkumar S., Devaswom Watcher, Manacaud Devaswom, Manacaud, Thiruvananthapuram Group, Thiruvananthapuram – 695 009 were impleaded suo motu as additional respondents 6 and 7. The learned Senior Government Pleader entered appearance for the 1^st respondent. The learned

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Standing Counsel for Travancore Devaswom Board entered appearance for respondents 2 to 5 and also for the additional 6^th respondent. Registry was directed to issue notice to the additional 7^th respondent, through the additional 6^th respondent Assistant Devaswom Commissioner, in the e-mail ID furnished by the learned Standing Counsel for Travancore Devaswom Board, returnable by 24.01.2023. The learned Standing Counsel for Travancore Devaswom Board was directed to place on record an affidavit on behalf of the 2^nd respondent, explaining the facts and circumstances and also the action, if any, taken against the additional 7^th respondent for his misbehavior towards pilgrims, by 23.01.2023. The additional 7^th respondent was also directed to file his affidavit by 23.01.2023.

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On 24.01.2023, a counter affidavit on behalf of the 2^nd respondent Travancore Devaswom Board is placed on record, which is one sworn to by the Secretary of the Board. Paragraphs

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2 to 6 of that counter affidavit read thus;

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“2. It is submitted that the Board received the report from the Devaswom Commissioner regarding the alleged misbehavior of the 7^th respondent in front of the Sopanam. The incident which was reported in visual media took place in the evening of Makaravilakku Day, i.e., 14.01.2023. The Executive Officer came to know

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about this incident from the media on 15.01.2023. Immediately he directed the Sopanam Special Officer to get an explanation from the employee. Accordingly, the Sopanam Special Officer has given notice to the 7^th respondent, Sri. Arun Kumar on the same day, directing him to give his explanation within 24 hours regarding the incident.

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The 7^th respondent has furnished his explanation on the same day itself. In the explanation, he has stated that he was on duty in Aravana plant from 02.11.2022 to 15.11.2022 to prepare buffer stock of Aravana for the season and thereafter he was transferred to Sopanam duty from 16.11.2022 onwards and that he was diligently performing his duty without providing room for complaints from any quarter. It is stated that there was an uncontrollable rush of pilgrims on the day of Makaravilakku, and the police has instructed to speed up the movement of pilgrims in the queue for darshan in front of the Sopanam so as to avoid danger to young children and elderly pilgrims. Considering the dynamic situation on account of the heavy unprecedented rush felt at that time, he assisted the pilgrims to move fastly in the queue and no excess force was applied and the sudden response from his side for the above was not intentional or deliberate. He further requested not to initiate any disciplinary action against him. 4. The Sopanam Special Officer forwarded the explanation of the delinquent employee along with his report. He has reported that it is true that on Makaravilakku day, by the time Makarajyothi darshan was over in the evening, the crowd at Thirumuttam and

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fly over was uncontrollable and hence the police had instructed to increase the speed of movement of darshan queue in front Sopanam to provide darshan to all the devotees. The Special Officer says that the alleged misbehavior was not an intentional act from the side of the delinquent employee and the same happened as a result of his endeavor to speed up the movement of pilgrims in the queue considering the unusual rush of devotees felt on that day.

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The Executive officer, Sabarimala, also furnished a report to the Devaswom Commissioner endorsing the report of the Sopanam Special Officer. The Executive Officer, on coming to know about the alleged incident from the media, immediately relieved the delinquent employee from duty at Sabarimala. True copy of the report of the Executive Officer, Sabarimala dated 15.01.2023 is produced herewith and marked as Annexure-R2(a).

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It is submitted that the Devaswom Commissioner considered news item published in the visual media, reports of the Sopanam Special Officer and the Executive Officer, Sabarimala and the views of the Board in the matter and issued order dated 17.01.2023 placing the 7^th respondent under suspension pending enquiry. True copy of the order of suspension dated 17.01.2023 issued by the 3^rd respondent is produced herewith and marked as Annexure-R(b). Further proceedings in the matter will be taken in accordance with the procedure prescribed as per the applicable Rules.”

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The additional 7^th respondent has sworn to an

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affidavit dated 25.01.2023, which is placed on record on

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31.01.2023. Paragraphs 2 to 5 of that affidavit read thus;

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“2. On 14.01.2023, I was assigned with the duty at Sopanam Nada at Sabarimala Temple in connection with the Makaravilakku. For the last 15 years, I have been deputed to the said duty and till now there was no room for any controversy, issue or complaint against me from any quarter. It is submitted that, due to my unblemished service rendered to the pilgrims and Lord Ayyappa, I was always assigned the duty at Sopanam.

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It is submitted that, on 14.01.2023, when I was on duty at 5 P.M in the Sopanam Nada, there was a huge crowd of pilgrims impatiently waiting for a long period of time to see Makarasamkrama Pooja which commences at 8.40 P.M. It was practically impossible to control the huge influx of pilgrims of different age groups to the Sopanam Nada. Hence, I was given instruction from Devaswom Officers as well as the Police, who were also present in front of the Sopanam, to control the crowd and release the congestion in front of the Sopanam.

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Further, it is humbly submitted that, in most of the occasions, the pilgrims who come to the Thirunada at Sopanam try to stay long and linger in front of the Nada by holding on to the steel barricades and sometimes after leaving from there they would return to the same place and stay there for long. But, due to the huge number of pilgrims who had been waiting in the large queues, I was directed to clear the queue in front of Thirunada faster, so that the tightness in the queue may be released. Since most of them were holding tightly on the steel barricade,

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there was no other option other than to physically touch them and remove them to the other side. In doing so one or two persons were showing strength to continue their stay in front of the Thirunada. It was at that time, I had slightly pushed them forward.

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It is most respectfully submitted that, I have not done anything purposefully to harm the devotees or to hurt them physically. But my actions were found objectionable. I humbly submit that my actions were not intentional and deliberate but only intended to give an opportunity to all those pilgrims who were waiting in the queue to have a darshan. Therefore, I tender my unconditional apology for the incident and humbly pray that this Hon'ble Court may be pleased to accept my apology and drop the contempt proceedings initiated against me.”

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On 01.02.2023, when this SSCR came up for

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consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to whether the CCTV footage of the incident that occurred on 14.01.2023 is available with the Board. The learned Standing Counsel submitted that, if the same is available, it shall be produced in a compact disc.

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On 09.02.2023, we heard the arguments of the

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learned Senior Government Pleader for the 1^st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondent Nos.2 to 5 and additional 6^th respondent and the

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learned counsel for the additional 7^th respondent. We have also viewed the video clippings that appeared in visual media, in open Court and directed the Registry to keep a copy of the video clippings in a compact disc. The matter was ordered to be posted on 15.02.2023 at 2.00 p.m., for orders.

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Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees.

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Section 24 of the Act deals with maintenance of

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Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community.

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Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.

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Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see

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that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage.

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Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve, which is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board,

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which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam.

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In Suo Motu v. Travancore Devaswom Board

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and others [2022/KER/20733 : 2022 (7) KHC SN 5 : 2022 SCC OnLine Ker 2185] this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them. However, in Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at ‘Pathinettampadi’ to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. Crowd Management at Sabarimala during festival seasons and monthly poojas cannot be handled with the limited number of employees of the Travancore Devaswom Board, who are deputed on special duty. In the said decision,

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this Court held that crowd management by the Kerala Police at Sabarimala Sannidhanam and even at Pathinettampadi will not in any manner infringe the fundamental right guaranteed under Articles 25 and 26 of the Constitution. In the said decision, this Court directed the Travancore Devaswom Board to take over the Virtual-Q system for Sabarimala darshan, owned and managed by Kerala Police, with the technical support of Tata Consultancy Services Ltd. (TCS Ltd.) and thereafter, TCS Ltd. shall render necessary technical support to the Board. Once the ownership and management of Virtual-Q system are transferred, the Board has to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, 2011. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also monthly poojas the Kerala Police should have access to the database in the Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the

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database. Any access to the database in the Virtual-Q platform by Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or an untoward, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims.

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In Sajeev Sastharam v. State of Kerala [2022 (7) KHC 295] this Court held that a ‘worshipper’, who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasa Poojas and festival seasons, including Mandala-Makaravilakku festival season, are applicable to all ‘worshippers’, who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue.

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When the average footfall at Sabarimala reaches 80,000-90,000 pilgrims per day, 70 to 80 pilgrims will have to move through ‘Pathinettampadi’ (holy 18 steps) and through each barricade in front of the Sopanam of Sabarimala Sree

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Dharma Sastha Temple in a minute, in order to ensure that all the pilgrims have darshan of Lord Ayyappa when the Sanctum Sanctorum remains open.

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In Sajeev Sastharam [2022 (7) KHC 295] this Court directed the Guards engaged by the Travancore Devaswom Board and also the Police Officers on duty at Sopanam to regulate the movement of pilgrims through the barricades, in an appropriate manner, causing least inconvenience to the pilgrims. To facilitate better crowd management, the third row was ordered to be maintained as ‘buffer zone’ and the Police Officers were directed to stand on either side of the third row for crowd management. The Police Special Officer at Sannidhanam, who is in the rank of Deputy Superintendent of Police, was directed to keep a constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims.

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In SSCR No.23 of 2022 and connected matters, we have issued various orders regarding crowd management at Sabarimala, in order to ensure that the maximum number of devotees have a comfortable darshan at Sabarimala Sannidhanam. By the orders in SSCR No.23 of 2022, the police

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personnel and Devaswom staff involved in crowd management were directed to give special care to senior citizens, persons with disability, children below the age of 10 years and those having health issues.

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In Rajani P. Kuttan and another v. State of Kerala and others [2021 (6) KHC 513] a Division Bench of this Court noticed that among the 1250 temples managed by the Travancore Devaswom Board, only 60 major temples are self-sufficient and the rest are being managed utilising the surplus income from Sabarimala Devaswom. The total number of sanctioned posts in various categories in the Travancore Devaswom Board is 5692 and the total number of pensioners is 5749. The major source of revenue of the Travancore Devaswom Board is the income received by way of offerings by the devotees, the amount received from vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the temples. Paragraph 59 of the said decision reads thus:

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“59. The Financial position of the Devaswom Board:- The competent officer of the Devaswom Board filed an affidavit dated 14.06.2021 stating its financial position. It is submitted that there are 1250 temples under the Administrative Control of the Devaswom Board. The total

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number of sanctioned posts in various categories in the Devaswom Board is 5692, and the total number of pensioners is 5749. It is further submitted that the major sources of revenue of the Devaswom Board are the income received by way of offerings from devotees, the amount received from vazhipadu, and the revenue generated through the auction of the temple premises for various activities in connection with rituals and festivals in the temples. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs.80 lakhs. It is further submitted that among the 1250 temples managed by the Devaswom Board, only 60 major temples are self-sufficient, and the rest are being managed utilising the surplus income from Sabarimala Devaswom. Now, due to the spread of the Covid-19 pandemic, the temples remain closed, and the major source of income has come down. The Devaswom Board is finding it difficult even to pay the salary of the existing employees. The pleadings regarding the financial position of the Devaswom Board in the affidavit dated 14.06.2021 have not been controverted by the petitioners.”

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(underline supplied)

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In Suo motu v. Travancore Devaswom Board,

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Represented by its Secretary and others [2022 (3) KLT

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384] this Court held that, when the surplus income from Sabarimala Devaswom is being utilised for managing 1190

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temples among 1250 temples under the management of the Travancore Devaswom Board, which are not self-sufficient, for payment of salary to Devaswom employees and also for payment of pension to its pensioners, the reluctance shown by the employees of the Board in reporting for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during MandalaMakaravilakku festival season cannot be viewed lightly. The employees of the Travancore Devaswom Board have got a duty to render necessary assistance to the Board to discharge its statutory duty to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to establish and maintain proper facilities in Sabarimala for the devotees; and to arrange for the conduct of daily worship and ceremonies and of the festivals in Sabarimala according to its usage. The employees of the Board who failed to report for special duty other than on genuine medical grounds or on account of ongoing festival in their temple have to be dealt with appropriately, by initiating disciplinary proceedings. In paragraph 13 of the said decision, this Court issued various directions, in order to ensure that sufficient number of staff in the Establishment Wing of the Board

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and Class-IV employees are deployed for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during MandalaMakaravilakku festival season, which begins from the 1^st of Vrischikam (in the middle of November).

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On 16.01.2023, when this SSCR came up for consideration, we viewed the visuals that appeared in visual media. Thereafter, on 09.02.2023 we again viewed the video clippings that appeared in visual media, in open court, and the Registry was directed to keep a copy of the video clippings in a compact disk.

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On 01.02.2023, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to whether the CCTV footage of the incident that occurred on 14.01.2023 is available with the Board. Today, during the course of arguments, the learned Standing Counsel for Travancore Devaswom Board would submit that the CCTV footage of the incident that occurred on 14.01.2023 is available with the Board since the backup is only for 7 days.

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The incident occurred on 14.01.2023. The above report filed by the Special Commissioner, Sabarimala came up for consideration before this Court on 16.01.2023, in which this

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Court passed a detailed order. In paragraph 4 of that order, we found that, as stated in the report of the Special Commissioner, the body language and the facial expression of the Devaswom guard, i.e., the additional 7^th respondent herein, while shoving the pilgrims in front of the Sreekovil of Sabarimala Sannidhanam, have to be deprecated in the strongest words, and for such misbehavior towards pilgrims he has to be proceeded against, in accordance with law. On 16.01.2023, it was ordered that, an affidavit on behalf of the 2^nd respondent Travancore Devaswom Board, explaining the facts and circumstances and also the action, if any, taken against the additional 7^th respondent for his misbehavior towards pilgrims shall be placed on record by 23.01.2023. Despite the interference in the matter by this Court, the 2^nd respondent Travancore Devaswom Board and its officials have not chosen to preserve the CCTV footage of the incident that occurred on 14.01.2023. The casual approach taken by the Board, in a case involving misbehavior of a Devaswom guard towards pilgrims, which is a serious misconduct on the part of the additional 7^th respondent, has to be deprecated in the strongest words and we do so.

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The pilgrims have a tendency to stand in the rows in front of the Sopanam of Sabarimala Sannidhanam and have darshan of Lord Ayyappa for a long duration. If it is permitted, the queue will get longer and the waiting time of the pilgrims in the queue will increase by hours. The pilgrims who stand in the rows in front of the Sopanam and have darshan for a long duration have to be nudged (pushed gently) to go forward by the Devaswom guards and also police personnel responsible for crowd management, in order to ensure a smooth flow of pilgrims. When the time for closing the Sanctum Sanctorum approaches or in the case of an extremely large crowd, in their anxiety to ensure darshan for all pilgrims in the queue, the movement of pilgrims is made faster by the Devaswom guards and police personnel. The visuals that appeared in visual media regarding the incident that occurred on the Makaravilakku day i.e., 14.01.2023, in front of the Sreekovil of Sabarimala Sannidhanam, would show that the additional 7^th respondent shoved (pushed roughly) the pilgrims in the first row in front of the Sopanam, instead of the pilgrims being nudged to go forward. The body language and facial expression of the additional 7^th respondent while shoving the pilgrims in the first

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row in front of the Sopanam of Sabarimala Sannidhanam are not that can be expected from a Devaswom guard deployed for regulating the movement of pilgrims at Sabarimala Sannidhanam. The Police Special Officer at Sannidhanam or the Sopanam Officer of the 2^nd respondent Board ought to have prevented the additional 7^th respondent from shoving the pilgrims in front of the Sopanam of Sabarimala Sannidhanam.

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Having considered the materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this SSCR by directing the 2^nd respondent Board and its officials to take necessary steps to ensure that an incident like that occurred on the Makaravilakku day, i.e., 14.01.2023, is not repeated in front of the Sopanam of Sabarimala Sannidhanam in future. The misbehavior of the additional 7^th respondent Devaswom guard towards pilgrims, which is a serious misconduct on his part, has to be dealt with appropriately in the disciplinary proceedings that has to be initiated against him. The decision taken by the disciplinary authority shall be placed before this Court through the Special Commissioner, Sabarimala. The additional 7^th respondent shall not be deployed hereafter for special duty in front of the Sopanam of Sabarimala

¶136

SSCR No.4 OF 2023

¶137

¶138

Sannidhanam for ensuring smooth flow of pilgrims.

¶139

Sd/-

¶140

ANIL K. NARENDRAN, JUDGE

¶141

Sd/P.G. AJITHKUMAR, JUDGE

¶142

jg

¶143

SSCR No.4 OF 2023

¶144

¶145

APPENDIX OF SSCR 4/2023

¶146

RESPONDENT ANNEXURES

¶147

ANNEXURE-R2(A) TRUE COPY OF THE REPORT OF THE
EXECUTIVE OFFICER, SABARIMALA DATED
15.01.2023

¶148

ANNEXURE-R2(B) TRUE COPY OF THE ORDER OF SUSPENSION
DATED 17.01.2023 ISSUED BY THE 3RD
RESPONDENT

Suo Motu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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