The Religious Institutions (Prevention of Misuse) Act, 1988 prohibits the use of religious institutions for political activities to preserve their sanctity.

JUDGMENT :

K. V. Jayakumar, J.

The above captioned Writ Petition is filed by Sri. N. Prakash, claiming the following reliefs.

i. Declare that Religious Institutions (Prevention of Misuse) Act, 1988 applies to every religious institution as defined under Section 2(f) of the Act, coming within the limits of respondents 1 to 3, notwithstanding the fact that the religious institution is not under the management of a particular Devaswom Board.

ii. Issue a writ of mandamus or any other appropriate writs, directions or orders directing respondents 1 to 3 to ensure that the premises of religious institutions coming within their limits are not used for the promotion, endorsement or facilitation of any political party or for political activities.

iii. Issue a writ of mandamus or any other appropriate writs, directions or orders directing respondents 1 to 3 to ensure that the religious institutions coming within their limits remain solely dedicated to religious, spiritual and cultural activities, ensuring that the sanctity and traditional character of the religious institutions are preserved.

iv. Issue a writ of mandamus or any other appropriate writs, directions or orders directing the first respondent to proceed under Section 7 of Religious Institutions (Prevention of Misuse) Act, 1988 against respondents 4 and 5, as requested for in Exhibit P5, within a time limit to be fixed by this Honourable Court.

v. Issue a writ of mandamus or any other appropriate writs, directions or orders directing the sixth respondent to proceed under Section 7 of Religious Institutions (Prevention of Misuse) Act, 1988 against those who raised party slogans during the “muhurtham” of marriage function held on 27.4.2025 as is revealed from Exhibit P4, within a time limit to be fixed by this Honourable Court.

2. The petitioner states that the Nayveyppu Maholsavam was celebrated in the Sree Indilayappan Temple, Attingal, from 04.04.2025 to 12.04.2025 and Avanincherry Pooram was celebrated on 09.04.2025. In connection with the said celebrations, the 4^th respondent, Kshethara Vikasana Samithy, has published Ext.P1 notice on their Facebook page having URL https://www.facebook.com/ avanincherypooram#.

3. It is submitted that a drama named ‘by K. P. A. C. was scheduled on 07.04.2025 at 9.00 pm. A Ghazal Night by singer Aloshi was also scheduled on 11.04.2025.

4. The contention of the petitioner is that in the Ghazal Night by Aloshi, he performed political songs like ‘Nooru Nooru Pookkale’ and ‘Lal Salam’, which were inappropriate for the occasion and deeply hurt the sentiments of the devotees. The 4^th respondent, Kshethara Vikasana Samithy, due to their political interest, granted approval for such performances.

5. The petitioner further states that the singer, Aloshi, made an announcement over the mike that he performed the songs as per the request of the office bearers of the temple and that, if any issue arises, the office bearers should take the responsibility. In support of his claim, the petitioner has produced Ext.P2 video clip broadcasted by Janam TV on 24.04.2025. The petitioner, Sri. N. Prakash, would further point out that the singer, Aloshi, performed political songs on 10.03.2025 during the annual festival of Kadakkal Devi Temple, and an FIR was registered against him. When he performed the political songs, the flags of the political party were also displayed.

6. The petitioner further submitted that on 27.04.2025, during a marriage function conducted in ‘Kailasa Mandapam’ of Tali Maha Kshethram, Kozhikode, the slogans of the Communist Party like ‘SFI Zindabad’ were raised. The petitioner produced Ext.P4 video