IN THE HIGH COURT OF KERALA AT ERNAKULAM - SUO MOTU PROCEEDINGS IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE THEFT OF GOLD BANGLE FROM BHANDARAM OF SABARIMALA SREEDHARMA SHASTHA TEMPLE - REG

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR`** ``` WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 SSCR NO. 18 OF 2023 ``` ``` (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE THEFT OF GOLD BANGLE FROM BHANDARM OF SABARIMALA SREEDHARMA SHASTHA TEMPLE- SUO MOTU PROCEEDINGS INITIATED - REG) ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.`** - **`2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003.`** - **`3 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHPURAM-695003.`** - **`4 THE EXECUTIVE OFFICER SABARIMALA, SABARIMALA.P.O., RANNI PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT,`** ``` 2 ``` SSCR No.18 of 2023 ``` PIN-689662. ``` - **`5 BHANDARAM SPECIAL OFFICER SABARIMALA DEPUTY DEVASWOM COMMISSIONER OFFICE, FORT, THIRUVANANTHAPURAM-695023.`** - **`6 THIRUVABHARANAM COMMISSIONER THIRUVABHARANAM OFFICE, ARANIMULA, PATHANAMTHITTA689533.`** - **`7 SUPERINTENDENT OF POLICE CHIEF VIGILANCE AND SECURITY OFFICE, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003.`** - **`8 STATION HOUSE OFFICER PAMPA POLICE STATION, PATHANAMTHITTA-689662.`** ``` BY ADV.Biju ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ; SRI N.RAGHURAJ- AMICUS CURIAE ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` SSCR No.18 of 2023 ## **O R D E R** ## Anil K.Narendran, J. This report filed by the Special Commissioner, Sabarimala, is regarding theft of a gold bangle from the Bhandaram of Sabarimala Sreedharma Sastha Temple on 16.06.2023. A devotee offered a gold bangle weighing 10.950 grams to the deity at the Sopanam of Sabarimala Sreedharma Sastha Temple. The said ornament was adorned on the idol in the presence of the Devaswom officials. Instead of giving the ornament to the Administrative Officer, who has to hand over the same for keeping it in the double locker at Sannidhanam, the devotee deposited the same in the Conveyor Kanikka Vanchi at 6:45 a.m. Since the ornament was not listed as receipt of valuable property from the Bhandaram even on the next day, the Administrative Officer informed the Vigilance wing of the Travancore Devaswom Board and on verifying the C.C.T.V. camera of Bhandaram, it was found that P.K.Rejikumar, a Devaswom employee in Vasudevapuram Devaswom in Ettumanoor Group, who was engaged in Bhandaram duty, was handling the blue colored silk packet containing the said ornament. Thereafter, he was questioned and as per his disclosure statement, the stolen ``` 4 ``` SSCR No.18 of 2023 gold bangle was recovered from the pillow used by him in his room at Devaswom staff quarters at 2:30 p.m., on 18.06.2023. Thereafter, the matter was reported to the Pamba Police Station and Crime No.56 of 2023 has been registered under Sections 279 and 381 of the Indian Penal Code and P.K.Rejikumar, was arrested. In the report of the Special Commissioner, it is pointed out that no metal detectors are installed at the entry/exit of the Bhandaram. In the report, the Special Commissioner has made various suggestions. 2. On 21.06.2023, when this report came up for consideration, the learned Senior Government Pleader on instructions submitted that the accused in Crime No.56 of 2023 of Pampa Police Station is under judicial custody. The learned Standing Counsel for Travancore Devaswom Board submitted that an employee, namely, P.K.Rejikumar, has been placed under suspension and the matter has already been reported to the Devaswom Commissioner. The learned Standing Counsel sought time to file an affidavit of the 4[th] respondent Executive officer explaining the facts and circumstances. It was ordered that the affidavit on behalf of the 2[nd] respondent Board on the ``` 5 ``` SSCR No.18 of 2023 recommendations made by the Special Commissioner shall be placed on record within two weeks. 3. An affidavit dated 01.08.2023 has been placed on record producing therewith Annexure R2(a) proceedings dated 22.07.2023 of the Board based on the suggestions made by the Special Commissioner Sabarimala in this report. Paragraphs 3 to 6 of that affidavit read thus: “3. It is submitted that on 16.06.2023, a devotee offered a gold bangle weighing 10.950 grams to Lord Ayyappa at the Sopanam in front the Sreekovil of Sabarimala temple. The ornament was adorned to the deity in the presence of the Devaswom officials and the same was handed over to the devotee for entrusting the same in the Devaswom Office. Though the devotee took receipt for offering the ornament, after adorning the deity he deposited the gold bangle in the Kanikka Vanchi situated in front of Sopanam. 4. Since the gold bangle is not seen listed as valuable item received from Bhandaram even on the next day, the Administrative officer promptly reported the same to the Vigilance wing. The Vigilance wing on verifying the CCTV visuals found that the same was handled by one P.K.Reji Kumar, engaged in Bhandaram duty. He was questioned and as per his disclosure statement the gold bangle was recovered. The matter was reported to the Pamba police Station and Crime No.56/2023 was registered u/s 379 and 381 of I.P.C. The accused was arrested and produced before ``` 6 ``` SSCR No.18 of 2023 ## the Magistrate Court. 5. It is submitted that the Executive Officer Sabarimala suspended the employee, P.K.Reji Kumar from service, pending enquiry and communicated the matter to the Assistant Devaswom Commissioner, Ettumanoor. P.K. Reji Kumar was the Thali in Vasudevapuram Devaswom in Ettumanoor Group, who was sent for Sabarimala Duty for the monthly pooja in the month of Mithunam, 1198 M.E. 6. It is submitted that the Board considered the suggestions of the Special Commissioner, Sabarimala contained in SSCR No.18/2023 and is of the view that the suggestions can be accepted. Accordingly, the Board decided to take the following steps to implement the suggestions of the Special Commissioner: i. The valuable items such as gold, silver etc. received as offerings in Sabarimala have to be weighed in the Executive Office/Administrative Office and the weight should be recorded in the register kept for the purpose. Receipt should be issued to the devotee, who offered the same, and if he wishes to adorn the ornament on the deity, the Executive Officer shall take steps for the same. ii. The Executive Officer is authorized to instruct the Administrative Officer, employees in Sopnam duty etc. to advise the devotees not to put valuable items in Bhandaram and the valuable items received should be kept in the strong room following due procedure. iii. The I.T wing is authorized to take steps to publish in the Virtual Queue website, the procedure for offering valuable items in Sabarimala. ``` 7 ``` SSCR No.18 of 2023 iv. The Devaswom Commissioner is authorized to take appropriate disciplinary action against P.K. Reji Kumar. v. The Chief Engineer was authorized to submit a detailed report as to the procedure adopted for body search of the employees deputed for Bhandaram duty. Hence Chief Engineer is directed to submit a report urgently, as to the installation of door frame metal detectors and use of handheld metal detectors at the entry/exit of Bhandaram in Sabarimala. 4. The 8[th] respondent Station House Officer has also filed an affidavit dated 25.07.2023. Paragraphs 3 to 8 reads thus: “3. It is submitted that the brief of the case is that, Mr. Rejikumar, an employee of the Vasudhevapuram Temple within the Ettumanoor Group of the Travancore Devaswom Board, committed the theft while performing bhandarm duty at Sannidhanam stolen a bangle weighing 10 grams and 950 mg offered by a devotee. 4. On 18.06.2023, Sabarimala Executive Officer filed a report vide No. EOP/504/2023/Sabarimala regarding the said theft. On the basis of the said information a case in Cr. 56/2023 under Section 379 & 381 IPC in Pamba Police Station. 5. It is humbly submitted that, after examination by the Devaswom gold smith, the defacto complainant produced the bangle before the undersigned. The said bangle was taken into bandobust by virtue of seizure mahazar and produced the same before the Hon'ble ``` 8 ``` SSCR No.18 of 2023 Judicial First Class Magistrate Court, Ranny. Upon interrogation, the accused confessed to the crime, and the official record of his arrest was duly recorded on 19.06.2023. 6. It is submitted that, the scene mahazar of the place of occurrence and the recovery place were prepared and submitted to the Court. Subsequently, the accused Rejikumar, S/o Thankappan, Ponnattu Parambil, Aymanom, Kottayam was produced before the Court and he was remanded to judicial custody. 7. Furthermore, CCTV footages of the Sannidhanam and Bhandaram has been examined and the relevant portion of the said footage was copied to pen drive and produced before the Court. 8. After completion of the investigation, the final report on the case was submitted before the Hon'ble Judicial First Class, Magistrate Court, Ranny and the case was taken on the file of the Court as CC No. 470/2023” 5. Heard the learned Senior Government Pleader for respondents 1, 7 and 8, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6 and also the learned Amicus Curiae for Special Commissioner, Sabarimala. The employee in question has already been placed under suspension. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and ``` 9 ``` SSCR No.18 of 2023 unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 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. As per Section 16 of the Act, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. As per Section 31 of the Act, 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 ``` 10 ``` SSCR No.18 of 2023 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. ## 7. In **Ram Mohan Das v. Travancore Devaswom** **Board [1975 KLT 55]** a learned Single Judge of this Court held that, under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper. ## 8. In **M.V.Ramasubbiar v. Manicka Narasimachara** **[(1979) 2 SCC 65]** , in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. It is the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the ``` 11 ``` SSCR No.18 of 2023 ## manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property if at all that was necessary, to the best advantage. Paragraph 4 of that decision reads thus; “4. There is some controversy on the question whether defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs. 21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have led their evidence to show that the property was allowed to be sold for Rs.21,500, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs. He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his ``` 12 ``` SSCR No.18 of 2023 duty and personal interest, and so the control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner. The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before it.” (underline supplied) ## 9. In **A.A. Gopalakrishnan v. Cochin Devaswom** **Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex ``` 13 ``` SSCR No.18 of 2023 Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/ archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fence eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 10. In **Travancore Devaswom Board v. Mohanan Nair** **[(2013) 3 KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The Division Bench further ``` 14 ``` SSCR No.18 of 2023 noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the High Court is having inherent jurisdiction and the doctrine of _parens patriae_ will also apply in exercising the jurisdiction. 11. In **Suo motu v. State of Kerala and others [2022** **(2) KHC 411]** this Court held that in view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act and the law laid down in the decisions referred to supra, the 3[rd] respondent Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the said Act, under the Chengannur Group. The Board has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board is duty bound to exercise proper supervision and control over the acts and proceedings of all ``` 15 ``` SSCR No.18 of 2023 officers and servants and to manage the properties and affairs of Sabarimala Devaswom and conduct daily worships and ceremonies and also festivals in the temple according to its usage. The position of the Board in this regard is analogous to that of trustees, as held by this Court in **Ram Mohan Das [1975 KLT 55]** . Any improper act of the trustees could be questioned by a worshiper. 12. In **Suo motu [2022 (2) KHC 411]** this Court held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The position of the Board in this regard is analogous to that of trustees. Any such wrongful claims, theft or misappropriation with the passive or active collusion of the authorities concerned, which are acts of ‘fence eating the crops’ should be dealt with sternly. The deity being a perpetual minor, this Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of _parens patriae_ will also apply in the exercise of such jurisdiction. 13. Having considered the pleadings and materials on ``` 16 ``` SSCR No.18 of 2023 record and the submissions made at the Bar, we find that the Travancore Devaswom Board and its officials are bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. Based on the suggestions made by the Special Commissioner, Sabarimala in this report, the Board has issued Annexure R2(a) order dated 22.07.2023. The directions contained in that order have already been extracted in paragraph 6 of the affidavit dated 01.08.2023 filed on behalf of the 2[nd] respondent Board, which we have extracted hereinbefore at paragraph 3. It is for the Board to ensure strict compliance of the directions contained in clauses (i) to (iii) at paragraph 6 in letter and spirit. The procedure for offering valuable items in Sabarimala Sannidhanam shall be published in the Virtual-Q platform, for the information of the pilgrims, which shall be done within a period of one month. Advisory to pilgrims in this regard shall be exhibited at appropriate places in the Nadappanthal in multiple languages. The Devaswom employees, who are indulging in theft/ misappropriation of valuable items offered by pilgrims, shall be dealt with appropriately under the relevant statutory provisions and no leniency shall be shown to such employees in the ``` 17 ``` SSCR No.18 of 2023 ## disciplinary proceedings initiated against them. With the above directions, this SSCR is disposed of. The outcome of the disciplinary proceedings initiated against the Devaswom employee shall be brought to the notice of the Special Commissioner, Sabarimala, who shall bring it to the notice of this Court by filing a fresh report. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** PV ``` 18 ``` SSCR No.18 of 2023 ``` APPENDIX OF SSCR 18/2023 ``` ``` RESPONDENT ANNEXURES ``` ``` Annexure-R2(a) proceedings of the Travancore Devaswom Board, R.O.C.6613/23/Suit/Sab dated 22.07.2023 ```