IMPORTANT POINT
The main legal point established in the judgment is the court's authority to issue directions to ensure crowd management and safety measures at Sabarimala during the festival season, as well as to address violations of the State Emblem of India Act and Kerala Motor Vehicles Rules by vehicles exhibiting unauthorized name boards and emblems.

ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala has filed SSCR No.29 of 2023 pursuant to the directions contained in the order of this Court dated 21.01.2023 in SSCR No.23 of 2022 and DBP No.70 of 2022, regarding crowd management and other matters at Sabarimala, in connection with the Mandala-Makaravilakku festival season of 1199 ME (2023-24).

2. The Special Commissioner, Sabarimala, has filed SSCR No.36 of 2023 pursuant to the directions contained in the order of this Court dated 10.01.2023 in SSCR No.20 of 2022, regarding the steps to be taken to provide adequate facilities to pilgrims at Sabarimala Edathavalams, during Mandala-Makaravilakku Festival Season of 1199 ME (2023-24).

3. The Special Commissioner, Sabarimala has filed SSCR No.30 of 2023 pursuant to the directions contained in the order of this Court dated 25.08.2023 in SSCR No.20 of 2021 regarding the functioning of the Safe Zone Project, Sabarimala during Mandala-Makaravilakku festival season of 1199 ME (2023-24), which will commence on 16.11.2023.

4. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Sabarimala is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of the Western Ghats to have darshan of Lord Ayyappa. 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. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve. Sabarimala is declared a Special Security Zone. The management of the Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board and others [2022 (7) KHC SN 5]. 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. 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 in the Virtual-Q system.

5. In the order of this Court dated 15.11.2022 in SSCR No.23 of 2022 and DBP No.70 of 2022, it was made clear that, in case any vehicle is seen parked on the roadside, from Nilakkal to Pamba, Police and the Enforcement Wing of the Motor Vehicles Department shall take appropriate action against the owner and driver of that vehicle and take back that vehicle from there to Nilakkal. If vehicular traffic in Pamba exceeds the available capacity then the Police shall manage the traffic by ‘hold and release’ mechanism, with prior intimation to the District Collector, Pathanamthitta and the Special Commissioner, Sabarimala. In the said order it was made clear that the prohibition regarding park- ing of vehicles on the roadside from Nilakkal to Pamba is absolute, which cannot be permitted to be flouted by any motor vehicle exhibiting ‘authorised’ or ‘unauthorised’ name boards and emblems.

6. In the order dated 15.11.2022 in SSCR No.23 of 2022 and DBP No.70 of 2022, this Court noticed that under clause (c) of sub-section (2) of Section 6 of the State Emblem of India (Prohibition of Improper Use) Act, 2005, the Central Government shall have the power to restrict the display of emblem on vehicles of constitutional authorities, foreign dignitaries, Ministers of the Central Government and the State Governments. As per sub-rule (1) of Rule 4 of the State Emblem of India (Regulation of Use) Rules, 2007, a State Government may adopt the emblem as the official Emblem of the State or the union territory, as the case may be, without obtaining the approval of the Central Government. As per sub-rule (2) of Rule 4, where a State Government proposes to incorporate the emblem or any part th