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2025 Supreme(Ker) 1962
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
Suo Motu - Appellant
Vs.
State Of Kerala - Respondent
SSCR NO. 2 OF 2025
Decided On : 13-06-2025
Advocate Appeared:
For the Respondent: SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
Other Present: SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB; SMT. SAYUJYA RADHAKRISHNAN, AMICUS CURIAE
Court upheld existing prohibitions on photography at Sabarimala, emphasizing the need for strict regulation of media activities during pilgrimage.
Headnote:(A) Kerala Police Act, 2011 - Section 83(1) and 83(2) - Photography and videography restrictions - Court underscores previous prohibitions concerning photography above ‘Pathinettampadi’ at Sabarimala - Noted violations and directions issued concerning media personnel during pilgrimage seasons. (Paras 1, 2, 12, 19)
(B) Media regulations - Court directs Travancore Devaswom Board to review videography permissions near Sanctum Sanctorum, ensuring minimal disruption to pilgrims. (Para 19)
Facts of the case:
Temporary employee recorded videography during Harivaraasanam in violation of existing prohibition. Analysis of media presence at Sabarimala led to court-imposed guidelines regarding their accommodation and activities.
Findings of Court:
Strict adherence to photography prohibitions and established guidelines for media is crucial for maintaining order at pilgrimage sites.
Issues: The appropriateness of videography by media at Sabarimala and the enforcement of earlier prohibition orders.
Ratio Decidendi: The court reiterates the importance of maintaining pilgrimage sanctity, limiting media interference to ensure a respectful environment for worshippers.
Result: Court adopted measures to regulate media activities, upholding existing prohibitions.
| Table of Content |
|---|
| 1. videography incident and its violation of prohibitions (Para 2 , 9) |
| 2. regulations on media activities at pilgrimage sites (Para 12 , 19) |
ORDER :
Anil K. Narendran, J.
This report filed by the Special Commissioner, Sabarimala is regarding videography by a temporary employee using mobile phone at Sopanam of Sabarimala Sannidhanam on 02.01.2025, during Harivaraasanam. In the said report, it is also stated that, on 25.12.2024, when the procession of Thanka Anki reached the Sanctum Sanctorum, cameramen of the press standing on the northern side of Sopanam climbed on the rail at the Sopanam and recorded video and took photos. The report of the Special Commissioner, Sabarimala reads thus;
“The Station House officer Sannidanam reported that he got an information that somebody is recording the videography using his mobile phone at Sopanam on 02.01.25 at 22:45 hrs during Harivarasanam before closing the temple. The SHO enquired about the same and identified that the person is one Akshay, who is a temporary employee of Emergency Operating Centre at Sannidhanam. The SHO examined his mobile phone and found from the gallery of the mobile phone that he recorded the video of Sanctum sanctorum and Harivarasanam on 02.01.2025 at 22:45 hrs. Since no order is passed by the Devaswom Board prohibiting recording of videography and photography police is not in a position to register a case or to seize the phone or camera in such a situation.
On 25.12.2024 evening when the procession of Thanka Anki came to the Sanctum Sanctorum, cameramen of press standing on the northern side of the Sopanam climbed on the rail at Sopanam and recorded video and took photos.”
2. In the report, the Special Commissioner has pointed out the directions issued by this Court in O.P.No.1290 of 2000, which was registered suo motu, in which there is a prohibition regarding photography and videography above ‘Pathinettampadi’.
3. By the order dated 06.01.2025, the learned Senior Government Pleader was directed to get a report from the Special Officer, Sannidhanam, and the learned Standing Counsel for Travancore Devaswom Board was directed to get a report from the Sopanam Special Officer, regarding the incident that happened on 25.12.2024 and 02.01.2025.
4. Along with a memo dated 09.01.2025, the learned Senior Government Pleader has placed on record the report dated 07.01.2025 of the Police Special Officer, Sannidhanam.
5. On 15.01.2025, when this SSCR came up for consideration, this Court noticed the order dated 14.01.2025 in SSCR No.79 of 2024 filed by the Special Commissioner, Sabarimala, regarding crowd management and other aspects during Mandala-Makaravilakku festival season of 1200ME (2024-25). By the order passed at 10.15 a.m., this Court directed the Travancore Devaswom Board through the Executive Officer, Sabarimala and the Chief Police Co-ordinator, Sabarimala, through the Special Police Officer, Sannidhanam, to take immediate steps to remove the tripods tied on the pillars and railings of the Sopanam enclosure of Sabarimala Sannidhanam.
6. The photographs enclosed along with the additional report dated 13.01.2025 of the Special Commissioner, Sabarimala, regarding the installation of tripods by various media persons on the railings on the northern side of the Sopanam enclosure of Sabarimala Sannidhanam, which were extracted in paragraph 7 of the order of this Court dated 14.01.2025, are extracted hereunder;
7. In paragraph 11 of the order passed on 14.01.2025 at 10.15 a.m., in SSCR No.79 of 2024, this Court reproduced the photographs enclosed along with the additional report dated 13.01.2025 of the Special Commissioner, Sabarimala regarding installation of equipment by media persons in and around the Sopanam, Thirumuttam and even above the Devaswom Office building near Melethirumuttam for live telecast of Makaravilaku festival. The said photographs are extracted hereunder;
8. In SSCR No.79 of 2024, this Court passed a detailed order on 14.01.2025 at 12.30 p.m. Pa
