2025 Supreme(Online)(Ker) 15521
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
N. Shanmughan – Appellant
Versus
State of Kerala – Respondent
DBP 4/2025
For the Appellants/Petitioners: SRI.S.RAJMOHAN, SRI.T.K.VIPINDAS
For the Respondents: Not specified
The court determined that security personnel acted legitimately under crowded conditions with no misconduct substantiated, leading to complaint dismissal.
Headnote:This Court initiated sui motu proceedings based on a complaint alleging indecent behavior by a security guard at Guruvayur Sree Krishna Temple on a crowded festival day. The Court found that the security guard performed his duty legitimately, with no misconduct establishing. The affidavit confirmed the lack of misconduct and interest from the complainant in continuing legal actions. The complaint has been dismissed while acknowledging ongoing issues regarding crowd management at the temple.
| Table of Content |
|---|
| 1. complaint initiated regarding security guard conduct. (Para 1 , 2) |
| 2. affidavit confirms security guard acted appropriately. (Para 3 , 4 , 5) |
| 3. court observations on inquiry and complaint processing. (Para 6 , 7) |
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu based on the complaint with File No.HCKL/370/2025-DI-4-HC KERALA made by one N. Shanmughan, Nagarcoil. In the complaint, it is alleged that on 10.11.2024, when the complainant was waiting in the queue for Darshan at Guruvayur Sree Krishna Temple, a security guard approached him and attempted to unfold his dhoti. Regarding the said incident, a complaint was lodged before Guruvayur Devaswom and the District Collector, Thrissur. However, despite the passage of time, no action has been taken. Therefore, he has forwarded the complaint to Registry to issue appropriate direction to the security personnel to prevent such incidents in future.
2. On 22.01.2025, when this DBP came up for consideration, the learned Senior Government Pleader and the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought time to get instructions.
3. On 13.02.2025, the learned Senior Government Pleader submitted that an affidavit sworn to by the additional 7th respondent Assistant Commissioner of Police, Guruvayur, shall be placed on record before the next posting date.
4. On 14.03.2025, when this DBP came up for consideration along with DBP No.1 of 2025, this Court directed the learned Standing Counsel for Guruvayur Devaswom Managing Committee to make available for the perusal of this Court the footage taken from the CCTV camera installed in front of the sanctum sanctorum of Guruvayur Sree Krishna Temple containing the visuals of 11.12.2024 and 13.03.2025. The learned Senior Government Pleader submitted that an affidavit sworn to by the 4th respondent Station House Officer shall be placed on record in this DBP, before the next posting date.
5. The 4th respondent Station House Officer, Guruvayur Temple Police Station has sworn to an affidavit dated 26.03.2025.
Paragraphs 3 to 5 of that affidavit read thus:
“3. I enquired about the matter thoroughly and it is clear that it is revealed that on 10-11-2024, it was the most crowded day at Ekadasi Festival was conducted at Guruvayoor Temple compared to other festivals in an year. Lakhs of devotees were came to Guruvayoor Temple for Darsan and for Prasada Oottu. Lakhs of people from all South Indian States gathered at Guruvayoor Temple and its premises, heavy throng was there on the said day. While standing in queue for hours, many of the people will feel agitated to the duty personnel especially to Police and Dewaswom Security Guards deployed at Temple and to Dewaswom security officers showing their agitation. The petitioner Sri.Shanmugham also stood for hours for having a Darsan. While he reached at the Security checking counter situated at East Nada, where the CPO 8550 Abhilash was doing his duty of frisking the devotees and checking their belongings kept by them while entering to Temple, he showed discomfort to the checking procedures and shouted to Abhilash and there occurred an altercation between them. Hence, Sri.Shanmugham lodged a complaint before Dewaswom Board, Guruvayoor for the inconveniences and discomfort caused to him at Ekadasi Day. The petition was forwarded by Guruvayoor Dewaswom Board to Guruvayoor Temple Police Station and which was enquired by me personally. On enquiry it is revealed that the said CPO Abhilash has performed his duty with legitimately and he did’nt used any filthy words while doing his anti-sabotage duty that day. While frisking the complainant Sri.Shanmugham, he felt angry with Abhilash and there occurred a quarrel. Abhilash was performing his duty to the complainant Sri.Shanmugham as to other devotees. There is no indecent behavior on the part of the CPO Abhilash.
4. It is submitted that as a part of the petition enquiry, on 26.01.2025, I recorded the statements of the com