Suo Motu v. Travancore Devaswom Board and others (DBP No. 56 of 2022)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 10[TH] DAY OF NOVEMBER 2022 / 19TH KARTHIKA, ``` ``` 1944 ``` ``` DBP NO.56 OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB ``` ``` PROCEEDINGS INITIATED - REG. ``` ``` ------------ ``` ## **`PETITIONER/S:`** ``` SUO MOTU (*CORRECTED AS- V.SAJEEV SASTHARAM) KURISUMMOODU P.O., CHANGANASSERY, KERALA - 686 104 *IS CORRECTED AS PER ORDER DATED 08/11/2022 IN DBP 56/2022. ``` ``` BY ADVS. JOHN VARGHESE SREENIVASAN K. ``` ## **`RESPONDENT/S:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY THE PRINCIPAL SECRETARY TO`**| ||**`GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,`**| ||**`GOVERNMENT SECRETARIAT,`**| ||**`THIRUVANANTHAPURAM - 695001.`**| |**`2`**|**`THE TRAVANCORE DEVASWOM BOARD`**| ||**`REPRESENTED BY ITS SECRETARY, NANTHANCODE,`**| ||**`KOWDIAR POST, THIRUVANANTHAPURAM - 695003.`**| |**`3`**|**`THE DEVASWOM COMMISSIONER`**| ||**`TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR`**| ||**`POST, THIRUVANANTHAPURAM - 695003.`**| - **`4 THE EXECUTIVE OFFICER SABARIMALA DEVASWOM, DEVASWOM BOARD BUILDINGS`** 2 DBP NO. 56 OF 2022 |||**`NANTHANCODE, THIRUVANANTHAPURAM - 695003.`**| |---|---|---| ||**`5`**|**`THE DISTRICT COLLECTOR`**| |||**`COLLECTORATE, PATHANAMTHITTA - 689645.`**| |**`6`**||**`THE DISTRICT POLICE CHIEF,`**| |||**`PATHANAMTHITTA - 689645.`**| |**`7`**||**`THE CIRCLE INSPECTOR OF POLICE`**| |||**`PAMBA POLICE STATION, SABARIMALA, PIN - 689662.`**| |**`8`**||**`STATION HOUSE OFFICER,`**| |||**`SANNIDHANAM POLICE STATION, SABARIMALA`**| |||**`SANNIDHANAM, PATHANAMTHITTA - 689713.`**| ## **`OTHER PRESENT:`** ``` SRI S RAJMOHAN- SR GOVERNMENT PLEADER, SRI G.BIJU- SC -TRAVANCORE DEVASWOM BOARD SRI N.RAGHURAJ -AMICUS CURIAE FOR SABARIMALA SPECIAL COMMISSIONER ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP NO. 56 OF 2022 ## **ORDER** Anil K. Narendran, J. A devotee of Lord Ayyappa has submitted a complaint dated 28.09.2022 pointing out certain grievances in connection with Sabarimala Darshan. By proceedings dated 30.09.2022, Registry was directed to register a DBP _suo motu_ . 2. On 30.09.2022, when this DBP came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions. By the order dated 30.09.2022, the Special Commissioner, Sabarimala was directed to file a detailed report, which is placed on record on 10.10.2022. 3. On 11.10.2022, Registry was directed to issue notice to the complainant intimating the next posing date. Copy of this DBP and also the report dated 10.10.2022 of the Special Commissioner, Sabarimala were ordered to be enclosed along with that notice. On 08.11.2022, the learned counsel for the petitioner/complainant sought time to file an affidavit in reply to the report of the Special Commissioner. 4. Today, when this DBP is taken up for consideration, 4 DBP NO. 56 OF 2022 the petitioner/complainant filed as ‘bench mark’ an affidavit dated 10.11.2022, in reply to the report of the Special Commissioner. The learned counsel for the petitioner/ complainant has handed over in Court, a copy of the said affidavit to the learned Senior Government Pleader and also to the learned Standing Counsel for Travancore Devaswom Board. Though the learned Senior Government Pleader sought time to file an affidavit of the 6[th] respondent, in reply to the allegations contained in the said affidavit, we find that this matter can be disposed of without going into those allegations, in view of the directions contained in the order of this Court in **Suo Motu v.** **Travancore Devaswom Board and others [2022/KER/ 20737 : 2022 SCC OnLine Ker 2185]** and the filing of SSCR No.23 of 2022 by the Special Commissioner, Sabarimala, regarding the implementation and management of Virtual-Q system by the Travancore Devaswom Board for Sabarimala darshan during Mandala-Makaravilakku festival season of 1198 M.E. (2022-23) and for effective crowd management at Nilakkal, Pamba, Sannidhanam and the trekking paths, transportation facilities for the pilgrims, etc. The entry of vehicles having seating capacity up to 15 from Nilakkal to 5 ## DBP NO. 56 OF 2022 Pamba to drop and pick up pilgrims at Pamba is one of the issues involved in SSCR No.23 of 2022. 5. Heard the learned counsel for the petitioner/ complainant, the learned Senior Government Pleader for respondents 1 and 5 to 8, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala. 6. 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 6 DBP NO. 56 OF 2022 maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 7. Section 24 of the Act deals with maintenance of 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. 8. 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 7 DBP NO. 56 OF 2022 temple according to its usage. 9. 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, 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. 10. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see 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 8 DBP NO. 56 OF 2022 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. 11. In **Suo Motu v. Travancore Devaswom Board and others [2022/KER/20737 : 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 9 DBP NO. 56 OF 2022 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, 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 10 DBP NO. 56 OF 2022 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 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. 12. The main grievance of the petitioner/complainant is regarding the arrangements made for darshan at the Sopanam of Sabarimala Sree Dharma Sastha Temple. As already noticed hereinbefore, the entry of vehicles having seating capacity up to 15 from Nilakkal to Pamba to drop and pick up pilgrims at Pamba is one of the issues involved in SSCR No.23 of 2022 filed by the Special Commissioner, Sabarimala. 13. In the report filed on 10.10.2022, the Special Commissioner, Sabarimala has explained the procedure followed at the Sopanam of Sabarimala Sree Dharma Sastha Temple to ensure that maximum number of devotees have comfortable darshan of Lord Ayyappa, at a time. In the said report, it is 11 DBP NO. 56 OF 2022 stated that, there are four rows in front of the Sopanam for the devotees to have darshan of Lord Ayyappa. The rows which are situated on the eastern side of the Sopanam are slightly elevated to enable the pilgrims standing on the last rows to have darshan of Lord Ayyappa. Apart from the four rows, the pilgrims are permitted to stand in the space after the barricade of the 4[th] row, to have darshan of Lord Ayyappa. Photographs of the four rows arranged at the Sopanam of Sabarimala Sree Dharma Sastha Temple are produced along with the report as Annexures 1 to 4. After Covid-19 pandemic situation, social distancing norms were imposed and the 1[st] row in front of the Sopanam is reserved for the Pooja ticket holders to have darshan at the time of various poojas. After the poojas are over the pilgrims are also permitted to move for darshan through the 1[st] row. 14. As per the report of the Special Commissioner, Sabarimala, the Police officers posted for duty at Sabarimala Sannidhanam are responsible for the crowd management in Pathinettampadi (holy 18 steps), the flyover and the Sopanam. To facilitate better crowd management the 3[rd] row is maintained as a 'buffer zone', where Police officers stand and manage the 12 DBP NO. 56 OF 2022 crowd. In the 1[st] row, the identification of Pooja ticket holders and their entry are managed by the guards of the Travancore Devaswom Board. In the enclosure in front of the Sopanam, the Thanthri and Melsanthi do namaskaram by prostrating on the floor. By Annexure 5 order dated 05.01.2007 in Civil Appeal No.71 of 2007, the Apex Court permitted entry of only certain persons in the enclosure in front of the Sopanam. After Covid- 19 pandemic, the enclosure in front of the Sopanam is maintained as a 'bio-bubble' and only the essential staff of the Travancore Devaswom Board, like the Administrative Officer, the Executive Officer, etc., have access to that enclosure, in order to ensure that the enclosure remains sterile and to avoid the Thanthri, Melsanthi and other poojaris getting infected with the Corona virus. VIPs and dignitaries are allowed to have darshan from the 1[st] row. 15. In the report of the Special Commissioner, Sabarimala, it is stated that the pilgrims have a tendency to stand in the rows in front of the Sopanam and have darshan for a long duration. If it is permitted, the queue of pilgrims will get longer and the waiting time in the queue will increase by hours. The devotees who stand in the rows in front of the Sopanam 13 ## DBP NO. 56 OF 2022 and have darshan for a long time are nudged to go forward by the guards of the Travancore Devaswom Board and by the Police officers responsible for crowd management. This is to ensure a smooth flow of pilgrims. When the time for closing Sanctum of 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 guards and the Police officers. Generally, the Police officers posted at Sopanam are well-behaved. If any Police personnel misbehave with any pilgrim, the Police Special Officer posted at Sannidhanam is free to take action against him and relieve him from duty, at that point, and post him elsewhere. 16. Having considered the averments in the report of the Special Commissioner, Sabarimala, and also the submissions made at the Bar, we find that the apprehension of learned counsel for the complainant that ‘ordinary worshippers’ are likely to face rude behaviour of the guards and Police officers posted at the Sopanam of Sabarimala Sree Dharma Sastha Temple, is without any basis. According to Oxford Dictionary, ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an 14 DBP NO. 56 OF 2022 accustomed manner and subject to the practise and tradition in each temple. 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 at the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. 17. When the average footfall at Sabarimala reaches 80,000-90,000 pilgrims per day, 70 to 80 pilgrims will have to move through the barricades in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple, in a minute, in order to ensure that all the pilgrims have darshan of Lord Ayyappa when the Sanctum of Sanctorum remains open. The guards and Police officers on duty at the Sopanam have to regulate the movement of pilgrims through the barricades, in an appropriate manner, causing the least inconvenience to the pilgrims. To facilitate better crowd management, the 3[rd] row is maintained 15 ## DBP NO. 56 OF 2022 as a 'buffer zone'. The Police officers shall stand on either side of the 3[rd] row, for crowd management. CCTV cameras are installed near Pathinettampadi (holy 18 steps) and at the Sopanam of Sabarimala Sree Dharma Sastha Temple. The Police Special Officer posted at Sannidhanam, who is in the rank of Deputy Superintendent of Police, shall keep constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims. With the above directions, this DBP is disposed of, taking note of the pendency of SSCR No.23 of 2022 filed by the Special Commissioner, Sabarimala, seeking orders regarding the implementation and management of Virtual-Q system for Sabarimala darshan during Mandala-Makaravilakku festival season of 1198 M.E. (2022-23) and for effective crowd management at Nilakkal, Pamba, Sannidhanam and the trekking paths, transportation facilities for the pilgrims, etc. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** bkn/- 16 DBP NO. 56 OF 2022 ## **APPENDIX** ## **ANNEXURE 1: PHOTOGRAPH SHOWING FOUR ROWS AT SOPANAM** **ANNEXURE 2: PHOTOGRAPH SHOWING FOUR ROWS AT SOPANAM ANNEXURE 3: PHOTOGRAPH SHOWING FOUR ROWS AT SOPANAM ANNEXURE 4: PHOTOGRAPH SHOWING FOUR ROWS AT SOPANAM ANNEXURE 5: ORDER IN CIVIL APPEAL NO.71 OF 2007 OF THE HON’BLE SUPREME COURT OF INDIA.**