SSCR No.4 of 2024 (Suo Motu) – Travancore Devaswom Board, Sabarimala Special Commissioner Report

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G. GIRISH ``` ``` WEDNESDAY, THE 31[ST] DAY OF JANUARY 2024 / 11TH MAGHA, 1945 ``` ``` SSCR NO.4 OF 2024 ``` ``` (TRAVANCORE DEVASWOM BOARD - SABARIMALA SREE DHARMA SASTHA TEMPLE - SM REPORT NO. 4/2024 - REGARDING THE COMPLAINT OF A DEVOTEE THAT HE WAS CAUSED BODILY HURT BY A POLICE OFFICER WHILE HE WAS ASCENDING THE PATHINETTAMPADI IN THE EVENING OF 07/01/2024) ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 ``` ``` 2THE CHIEF POLICE COORDINATOR (ADDITIONAL DIRECTOR GENERAL OF POLICE, LAW AND ORDER) SANNIDHANAM, SABARIMALA, PATHANAMTHITTA 689 713 ``` ``` 3TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWIDAR POST, THIRUVANANTHAPURAM 695 003 ``` 2 SSCR No.4 of 2024 ``` 4DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM 695 005 ``` ``` 5CHIEF VIGILANCE AND SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM 695 003 ``` ``` 6EXECUTIVE OFFICER SABARIMALA, SABARIMALA .P.O., PATHANAMTHITTA 689 662 ``` ``` *ADDL.R7 THE EXECUTIVE MAGISTRATE OF SABARIMALA *(IS SUO MOTU IMPLEADED AS ADDITIONAL 7TH RESPONDENT VIDE ORDER DATED 09/01/2024 IN SSCR.NO.4/2024) ``` ``` **ADDL R7 IS CORRECTED AS ``` ``` THE EXECUTIVE MAGISTRATE, SANNIDHANAM, SABARIMALA, PATHANAMTHITTA – 689 713. ``` ``` **(THE ADDRESS OF ADDL.R7 IS CORRECTED AS PER ORDER DATED 31.01.2024) ``` ``` SRI S.RAJMOHAN – SR.GOVERNMENT PLEADER; ``` ``` SRI G.BIJU -STANDING COUNSEL-TRAVANCORE DEVASWOM BOARD; SRI N.RAGHURAJ - AMICUS CURIAE FOR SPL. COMMIS- SIONER, SABARIMALA ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.4 of 2024 ## **ORDER** ## **Anil K. Narendran, J.** The Special Commissioner, Sabarimala has filed this report, regarding the complaint of a pilgrim that he was caused bodily hurt by a Police Officer, while he was ascending ‘Pathinettampadi’ in the evening of 07.01.2024. The report of the Special Commissioner reads thus; “The print and visual media has reported that a devotee named Rajesh S., aged 30 years, residing at Kasthuri Y Nagar, Mysore Road, Toll Gate was hit on his back by a police officer while he was ascending the 'Pathinettampadi' on 07.01.2024 evening. In the visual media, video clippings of the said devotee complaining that he was beaten on his back four times by the police officer at the 4[th] step of the 'Pathinettampadi' can be seen. The visual image reveals that he had sustained contusion/abrasion on his back and there is visible colour change. According to him, the police officer pulled him and hit as the child accompanying him was slowly ascending the 'padi'. 2. The said devotee had sought medical aid at the Sannidhanam hospital. On enquiry with the SHO, Sannidhanam it is revealed that the said devotee has so far not lodged any complaint/information at Police Station and he was discharged from the hospital. 3. It is submitted that from 03.01.2024 there is consistent inflow of more than 95,000 pilgrims per day. To facilitate darshan for all devotees without time lag the police officers on duty at the 'Padi' are under pressure to pull up the 4 SSCR No.4 of 2024 pilgrims and increase the rate of ascend of pilgrims through the 'Pathinettampadi'. In the said process, due to the nature and lie of the 'Padi' there may occur accidental injuries to devotees. Generally there is no need to intentionally or deliberately cause hurt to the devotees while ascending the padi. However, when the inflow of pilgrims cross 80,000 - 90,000 there is pressure on the police officers on duty at the padi to facilitate ascend of more pilgrims and in that process there is an element of risk. However, to ensure that no such incident had occurred and to rule out possibility of any such misbehaviour to the pilgrims at the "Padi' an enquiry in this regard is to be conducted by verifying the CCTV footage of the 'Pathinettampadi' and a report may be called for from the Superintendent of Police, Pathanamthitta. 4. In the said circumstances, it is prayed that:- - (i) The Chief Security Officer/Superintendent of Police, Vigilance wing, Travancore Devaswom Board may be directed to verify the CCTV footage of the Pathinettampadi at or around the time when the devotee named Rajesh mentioned above was allegedly hit by the Police officer at Pathinettampadi on 7-1-2024 evening and submit a report. - (ii) The District Police Chief, Pathanamthitta may be directed to enquire into the about the said complaint made by the devotee, Sri Rajesh, and submit a report.” 2. On 08.01.2024, when this report came up for consideration, along with SSCR No.29 of 2023 and connected matters, the learned Senior Government Pleader, on instructions, 5 SSCR No.4 of 2024 submitted that the Station House Officer, Sannidhanam has already verified CCTV footage at Pathinettampadi and in the preliminary enquiry, it was found that no such incident happened at Pathinettampadi. Now, the Executive Magistrate is conducting a detailed enquiry. The report of the Executive Magistrate shall be placed on record by 12.01.2024. 3. On 09.01.2024, the Executive Magistrate, Sannidhanam was _suo motu_ impleaded as the additional 7[th] respondent in this SSCR. The learned Senior Government Pleader submitted that the report of the Executive Magistrate, along with the report of the Additional District Magistrate, shall be placed on record, by 10.01.2024. 4. On 11.01.2024, along with a memo filed by the learned Senior Government Pleader, the report dated 08.01.2024 of the Station House Officer, Sannidhanam Police Station, addressed to the additional 7[th] respondent Executive Magistrate, Sannidhanam was placed on record. The learned Senior Government Pleader submitted that the report of the Executive Magistrate, Sannidhanam dated 10.01.2024, which was mistakenly produced in SSCR No.29 of 2023, will be produced in this SSCR, along with a memo. 5. Along with a memo dated 11.01.2024 of the learned 6 SSCR No.4 of 2024 Senior Government Pleader, the report dated 10.01.2024 of the additional 7[th] respondent Executive Magistrate, Sannidhanam is placed on record. 6. Heard the learned Senior Government Pleader for respondents 1, 2 and the additional 7[th] respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 6 and also the learned Amicus Curiae for Special Commissioner, Sabarimala. 7. 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. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 8. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. Section 4 of the Act deals with 7 SSCR No.4 of 2024 constitution of the Travancore Devaswom Board. As per subsection (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board. 9. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per subsection (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. 10. 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 8 SSCR No.4 of 2024 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. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, 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. 11. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. Section 27 of the Act deals with Devaswom properties. 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. 12. In **Sajeev Sastharam v. State of Kerala** **[2022/KER/ 64654 : 2022 (7) KHC 295]** this Court held that 9 SSCR No.4 of 2024 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. 13. In the order dated 08.01.2024, this Court noticed the submission made by the learned Senior Government Pleader that the Station House Officer, Sannidhanam has already verified CCTV footage at Pathinettampadi and in the preliminary enquiry, it was found that no such incident happened at Pathinettampadi. The additional 7[th] respondent Executive Magistrate is conducting a detailed enquiry and his report shall be placed on record by 12.01.2024. 14. After conducting a detailed enquiry, the additional 7[th] respondent the Executive Magistrate, Sannidhanam has filed a report dated 10.01.2024, along with a memo dated 11.01.2024 of the learned Senior Government Pleader. After verification of the CCTV footage at Pathinettampadi the Executive Magistrate also 10 SSCR No.4 of 2024 arrived at a conclusion that no such incident happened at Pathinettampadi in the evening of 07.01.2024. The learned Senior Government Pleader would point out that as stated in the report though the devotee who alleged to have sustained bodily hurt was tried to be contacted in his mobile number, he has not chosen to attend that call. Having considered the report of the Special Commissioner, Sabarimala and that of the Station House Officer, Sannidhanam Police Station and the Executive Magistrate, Sannidhanam, we find no reason to proceed further with this report and the same is accordingly disposed of recording the stand taken in the report dated 08.01.2024 of the Station House Officer, Sannidhanam Police Station and report dated 10.01.2024 of Executive Magistrate, Sannidhanam that no such incident has happened at Pathinettampadi in the evening of 07.01.2024. Sd/- Sd/- **G. GIRISH, JUDGE** vgd