Travancore Devaswom Board - SM Report No.19/23

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` TUESDAY, THE 1[ST] DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 SSCR NO.19OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SM REPORT NO.19/23 - REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE NEWS TELECASTED BY JANAM TV ON 17.07.2023 THAT THE TRAVANCORE DEVASWOM BOARD HAD LOCKED THE ENTRY TO THE QUEUE COMPLEX FOR CIVIL DARSHAN OF DEVOTEES TILL THE TEMPLE OPENING IN THE EVENING OF 17/07/2023 – SUO MOTU PROCEEDINGS INITIATED - REGARDING ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`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, KAWDIAR POST, THIRUVANANTHAPURAM, PIN-695003`** - **`3 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`4 THE EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM BOARD,`** 2 SSCR No.19 of 2023 ## **`NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003`** ``` BY ADV. BIJU ``` ## **`OTHER PRESENT:`** ``` 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 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.19 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** This report filed by the Special Commissioner, Sabarimala is regarding a news item telecasted by Janam TV on 17.07.2023 that the Travancore Devaswom Board has locked the entry to the queue complex for civil darshan of devotees till the temple opening in the evening of 17.07.2023. 2. On 20.07.2023, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that as stated in the report of the learned Special Commissioner, Sabarimala, the news item telecasted in Janam TV on 17.07.2023 is factually incorrect. By the order dated 20.07.2023, this SSCR was listed on 25.07.2023, for the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader to get instructions. 3. A counter affidavit dated 25.07.2023 has been filed on behalf of the 2[nd] respondent Travancore Devaswom Board, wherein it is stated that the contents of the news item telecasted by Janam TV on 17.07.2023 are absolutely false and without any iota of truth. The accusations were deliberately made against the 4 SSCR No.19 of 2023 Travancore Devaswom Board and its officials fully knowing that the same are baseless and are published with the malicious intention to tarnish the reputation of the Board among millions of pilgrims and the public. The visuals telecasted by Janam TV in the above news item stated to be that happened in the evening of 17.07.2023 is not one that happened or recorded in the evening of 17.07.2023. The accusations made against the Board and its officials that they showed cruelty to the pilgrims by closing the entry gate of civil darshan by chain and lock and the pilgrims were made to stand in the rain are absolutely false. There is no chain and lock for that gate and it was not locked. The pilgrims can enter Vadakkenada queue complex through Malikappuram Nadapandal without standing exposed to the rain. There was not much rush in the evening of 17.07.2023, as stated in the news item, and only minimal pilgrims were there in the queue complex. Moreover, entry to Vadakkenada queue complex is not regulated by the Board, which is regulated by the police. Even after fully knowing that the contents of their news item are not true, they published it again on 19.07.2023 under the caption that High Court _suo motu_ initiated a case against Devaswom Board for the cruelty shown by the Board in keeping the pilgrims exposed to rain in Sabarimala. 5 SSCR No.19 of 2023 Again, another news was telecasted on 20.07.2023 repeating the false accusations against the Board. The channel which repeatedly telecasted the false news, knowing fully that it is false, is liable to be prosecuted. 4. Heard the learned Senior Government Pleader for the 1[st] respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Amicus Curiae for Special Commissioner, Sabarimala. 5. 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 the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. 6. As per Section 15A of the Act, 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 6 SSCR No.19 of 2023 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. 7. The Special Commissioner, Sabarimala has filed this report regarding a news item telecasted by Janam TV on 17.07.2023 that the Travancore Devaswom Board has locked the entry to the queue complex for civil darshan of devotees (without irumudi kettu) till the temple opening in the evening of 17.07.2023. In the report, the Special Commissioner stated that as and when he noticed the news telecasted by Janam TV, he visited the entry shown in the visuals, where there is no facility for locking the gate with a chain. At the time of the visit, the queue complex was comparatively empty, with only minimal pilgrims. The pilgrims were having all facilities to access Vadakkenada queue complex through Malikappuram Nadapanthal and the small flyover. Even if there is rain, the pilgrims can have shelter under Malikappuram Nadapanthal. Even if the pilgrims got crowded at the entry shown in the visuals, that may be in the morning, when there was a heavy crowd being Karkkidaka Maasapooja, and the crowd had to spill over outside the queue complex. The Special Commissioner has stated that Board does not operate entry to Vadakkenada 7 SSCR No.19 of 2023 queue complex and it is regulated by the police. 8. The specific stand taken in the counter affidavit filed on behalf of the 2[nd] respondent Travancore Devaswom Board is that the visuals in the news telecasted by Janam TV on 17.07.2023 are not the visuals recorded in the evening of 17.07.2023. There is no chain and lock for that gate and it was not locked. The entry of pilgrims to Vadakkenada queue complex is not regulated by the Board, which is regulated by the police. The accusations made against the Board and its officials that they showed cruelty to the pilgrims by closing the entry gate of civil darshan by chain and lock and the pilgrims were made to stand in the rain are absolutely false. The learned Standing Counsel for Travancore Devaswom Board would point out that, as stated in the counter affidavit filed on behalf of the Board, after fully knowing that the contents of the news item are not true, Janam TV telecasted the news again on 19.07.2023 under the caption that High Court _suo motu_ initiated a case against Devaswom Board for the cruelty shown by the Board in keeping the pilgrims exposed to rain in Sabarimala. Again, another news was telecasted on 20.07.2023 repeating the false accusations against the Board. 8 SSCR No.19 of 2023 9. As per the report of the Special Commissioner, Sabarimala, even if the pilgrims got crowded at the entry shown in the visuals on 17.07.2023, that may be in the morning, when there was a heavy crowd being Karkkidaka Maasapooja, and the crowd had to spill over outside the queue complex. The pilgrims were having all facilities to access Vadakkenada queue complex through Malikappuram Nadapanthal and the small flyover. Even if there is rain, the pilgrims can have shelter under Malikappuram Nadapanthal. 10. In **Hindustan Times v. High Court of Allahabad** **[(2011) 13 SCC 155]** the Apex Court noticed that the media, be it electronic or print media, is generally called the fourth pillar of democracy. The media, in all its forms, whether electronic or print, discharges a very onerous duty of keeping the people knowledgeable and informed. The impact of media is far-reaching as it reaches not only the people physically but also influences them mentally. It creates opinions, broadcasts different points of view, brings to the fore wrongs and lapses of the Government and all other governing bodies and is an important tool in restraining corruption and other ill-effects of society. The media ensures that the individual actively participates in the decision-making process. 9 SSCR No.19 of 2023 The right to information is fundamental in encouraging the individual to be a part of the governing process. The enactment of the Right to Information Act, 2005 is the most empowering step in this direction. The role of people in a democracy and that of active debate is essential for the functioning of a vibrant democracy. With this immense power, comes the burden of responsibility. With the huge amount of information that they process, it is the responsibility of the media to ensure that they are not providing the public with information that is factually wrong, biased or simply unverified information. 11. In **Suo motu v. State of Kerala and others [2022** **(3) KHC 1]** a Division Bench of this Court in which both of us were parties held that it is the duty and responsibility of the media, be it electronic or print, to ensure that they are not providing the public with information that is factually wrong based on unverified information. 12. It appears from the pleadings and materials on record that, the visuals in the news telecasted by Janam TV on 17.07.2023 are the visuals when there was a heavy crowd in the morning, being Karkkidaka Maasapooja, and the crowd had to spill over outside the queue complex. When the entry of pilgrims to 10 SSCR No.19 of 2023 Vadakkenada queue complex is not regulated by the Travancore Devaswom Board, which is regulated by the police, and there is no chain and lock for that gate, the accusations made against the Board and its officials in the news report that they showed cruelty to the pilgrims by closing the entry gate of civil darshan by chain and lock and the pilgrims were made to stand in the rain, are absolutely without any basis. If, as stated in the counter affidavit filed on behalf of the Board, the news item was again telecasted on 19.07.2023 and 20.07.2023, that conduct has to be deprecated in the strongest words and we do so. In the above circumstances, this SSCR is disposed of with the above observations. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** MIN