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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.R.RAMACHANDRA MENON, N. ANIL KUMAR, JJ.
SUO MOTU - Appellant
Versus
TRAVANCORE DEVASWOM BOARD and Ors - Respondent
SSCR 22, 23 of 2018 & W.P. (C)Nos. 35061, 35385, 35477, 35718, 35753, 36264, 36738, 37578, 37766, 38111, 38128, 38413 of 2018
Decided on : 27-11-2018
Facts of the case:
'darsan' at Sabarimala-Unreasonable restrictions imposed by the police curtailing the entry, the right of movement, the right to proceed in groups, the right to chant 'Sararanmanthras'/prayers, the right to remain at Sannidhanam, the right to offer various 'vazhipads' etc; in violation of their fundamental rights; under the guise of preparatory measures for setting the field to give effect to the verdict passed by the Apex Court recently in Indian Young Lawyers Association and others vs. the SSCR 22 OF 2018 & CONNECTED CASES 2 State of Kerala and others] [2018(4) KLT 373], striking down Rule 3(b) of the Kerala Hindu Places of Public Worship (Auhorisation of Entry)Rules, 1965, facilitating entry of women of all age groups form the basic challenge in these writ petitions filed by different petitioners.
• Facilitating entry of women of all age groups
• Presence of innumerable number of policemen at Sannidhanam, absolutely for no reason, is causing anxiety in the minds of the pilgrims,besides causing various hurdles. The SSCR 22 OF 2018 & CONNECTED CASES 5 said restrictions are stated as introduced by the police under the cover that the area has been declared as a 'high security zone' under Section 83(1) of the Kerala Police Act- 'Namajapam', chanting of 'saranamanthra' and other prayers are forcefully prohibited, referring to Section 144 order issued by the District Magistrate, for which neither the police nor the Government does have any power at all
• Reference is made to the 'Covenant' entered into by the Rulers of SSCR 22 OF 2018 & CONNECTED CASES 6 Travancore & Cochin for the formation of United State of 'Travancore & Cochin', -No role for the State to play and the duties in this regard are to be satisfied by the Devaswom Board and if the same is not done, it is for the Central Government to intervene and not for the State Government-The State has crossed the borders and has taken over the management and affairs of the temple which is liable to be interdicted [WP(C) 38413/18]. iii) -At Pampa,there are no hotels, no toilet facilities and no resting places are available-Everything already in existence has been washed off in the recent floods and the plight of the pilgrims is made pitiable- The stand of Government/Devaswom/Police that there is some security threat, is not correct or sustainable-Section 144 of the Cr.P.C. is not at all attracted, nor could be imposed en route Pampa and at Sannidhanam-Circular issued by the police to get a 'pass' for the vehicles in which the pilgrims are coming to Sabarimala, virtually to the effect that after fixing the 'Irumudikkettu', as per rituals, the pilgrims have to go to police station first, to get a 'pass' and there after to visit Lord Ayyappa, which cannot but be deprecated-The police force charging against the vehicles which are parked on the side of the road without any provocation, causing serious damage. Pilgrims are being arrested, SSCR 22 OF 2018 & CONNECTED CASES 9 for having participated in 'Namajapam', which can never be an offence at all. Right to worship is forcefully prohibited and the Rule of Law is thrown to wind. -Prevent entry of any Non-Hindu in Sabarimala temple by virtue of the mandate under Rule 3(a) of the Kerala Hindu Places of Public Worship (Authorization of Entry)Rules. The petitioner contends that there is unreasonable restriction in chanting 'saranamanthra' and that pilgrims are virtually scared because of the pressure exerted by the police in this regard even by taking them to custody, virtually trying to make the pilgrimage to Sabarimala to be a funeral procession-Chanting of 'saranamanthra' is an integral part of prayers and worship- Chanting of 'saranamanthra' is not objectionable, how can a “protest” be inferred while chanting 'saranamanthra'? It is pointed out that the unlawful restrictions imposed by the police, preventing many of the pilgrims and restricting time of darsan-Action is being taken by the police only on 'pick and choose' basis and even the pilgrims who were sleeping after reaching the Sannidhanam were woken up and sent back to Pampa during odd hours-
• Direction is sought, to restrain the police from creating an unruly atmosphere in the name of mob control. Government/Police interference in the affairs of Sabarimala Temple is sought to be interdicted in WP(C) 37578/18, besides seeking for providing basic amenities, while somewhat similar reliefs are prayed for in WP(C) 36738/18--By virtue of the facilities/infrastructure available at different points as above and once the pilgrims proceed from Pampa, they may not be disturbed till the 'darsan' is completed
• The Devaswom Board to make appropriate arrangements with regard to the conveyance, stay and food for the Team of Observers
Result : Post for further consideration on 12.12.2018
P.R. RAMACHANDRA MENON, J.
1. The extreme hardships felt by the genuine pilgrims to have 'darsan' at Sabarimala, because of the alleged unreasonable restrictions imposed by the police curtailing the entry, the right of movement, the right to proceed in groups, the right to chant 'Sararanmanthras'/prayers, the right to remain at Sannidhanam, the right to offer various 'vazhipads' etc; in violation of their fundamental rights; under the guise of preparatory measures for setting the field to give effect to the verdict passed by the Apex Court recently in Indian Young Lawyers Association and others vs. the State of Kerala and others] [2018(4) KLT 373], striking down Rule 3(b) of the Kerala Hindu Places of Public Worship (Auhorisation of Entry)Rules, 1965, facilitating entry of women of all age groups form the basic challenge in these writ petitions filed by different petitioners. Reports of the Special Commissioner, Sabarimala appointed by this Court on the relevant aspects are separately numbered as SSCRs. In some of the cases, there is a challenge with reference to the order issued by the District Magistrate, Pathanamthitta, under Section 144 of the Cr.PC. In almost all the cases, the course pursued by the Government officials, particularly the 'Police excess' is sought to be deprecated. It is contended that the Devaswom Board is simply dancing to the tune of the Government and the Government has virtually taken over the Sabarimala pilgrimage, for which they do not have any power, authority or control in any manner under any law, including the Travancore Hindu Religious Institutions Act (TCHRI ACT).
2. Sabarimala is a Unique shrine, deep in the forest, surrounded by Periyar Tiger reserve, at an average height of 490 MSL. The Temple opens only for limited number of days every year, attracting a crowd/pilgrims of nearly 3.6 crores from different parts of the country and it involves trekking of about 5' Kms up the hill; same route/distance to reach back at Pampa, down the hill. Most of the pilgrims come after performing various rituals/'vratha' and the pilgrims are always reminded as an embodiment of the Deity himself [TATAWAMASI-Tad Thwam-Asi]. This Temple is supposed to be the most unique symbol of Secularism, as almost all the pilgrims going there via Erumeli, worship in a Mosque situated there and many seek the blessings of 'Vavar'-a close aide/friend of the Deity-positioned at Sannidhanam.
3. On pronouncing the declaratory judgment of the Apex Court (supra) there was an attempt to proceed to Sabarimala by some alleged activists, who were given full support by the Government/Police, which was sought to be resisted from different corners. Because of the tense situation, they had to retreat. The State beefed up the Security and deployed an unprecedented number of policemen/officers and imposed several curtail measures. Conveyance from Nilakkal to Pampa (solely by public transport-KSRTC) was restricted, Hotels/Annadana Mandapam were ordered to be closed down and the time to complete the trekking and 'darsan' was allegedly reduced. There was restriction in chanting 'Saranamanthra'/prayers as well; all of which triggered the panic button. Considering the protest from different corners, based on the report of the police, Sec.144 Cr.P.C. was declared by the Executive Magistrate/District Collector, Pathanamthitta.
4. The crux of the contentions raised in various writ petitions are to the following effect:
(i) The petitioners point out that the entire area at Sannidhanam is cordoned off by the police, placing barriers and hence the free entry to pilgrims and their movement is much restricted. It is stated that the presence of innumerable number of policemen at Sannidhanam, absolutely for no reason, is causing anxiety in the minds of the pilgrims, besides causing various hurdles. The said restrictions are stated as introduced by the police under the cover that the area has been declared as a 'high security zone' under Section 83(1) of
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