The court reinforced that KSRTC buses should not be decorated for safety reasons, emphasizing compliance with prior court orders to protect pilgrims during the Mandala-Makaravilakku festival.

JUDGMENT

Anil K. Narendran, J.

This DBP is registered suo motu, vide proceedings dated 21.12.2023, based on a complaint received from one Maniyan, a devotee of Sree Sarkkara Devi Temple, regarding the usage of KSRTC service buses decorated with flowers for transporting Sabarimala pilgrims from Sarkkara Devi Temple to Pamba. A few screenshots of the KSRTC bus decorated with flowers, which were uploaded in the Facebook page of the President of the Temple Advisory Committee, are also enclosed with that complaint, which are reproduced hereunder;

2. On 22.12.2023, when this DBP came up for consideration, the learned Senior Government Pleader took notice for respondents 1 to 3, the learned Standing Counsel for KSRTC for the 4th respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 5 to 7. This Court issued urgent notice by speed post to the 8th respondent, returnable by 11.01.2024. The learned Senior Government Pleader and the respective Standing Counsel were directed to get instructions.

3. A counter affidavit dated 23.01.2024 has been filed on behalf of the 4th respondent KSRTC. Paragraphs 2 to 8 of that counter affidavit read thus;

“2. The above DBP was registered based upon a complaint from one Maniyan, a devotee of Sree Sarkara Devi Temple, Chirayankeezhu regarding the usage of KSRTC service buses decorated with flowers for transporting Sabarimala pilgrims from Sarkara to Pamba. It is alleged that the buses were decorated with flowers at the instance of President and members of Temple Advisory Committee.

3. It is submitted that in the year 2022, an order was passed by this Honourable Court making it clear that buses of the KSRTC carrying pilgrims to Sabarimala shall not be decorated with flowers.

4. After the above order, prior to the commencement of the present Sabarimala Mandala Makaravilakku season, specific instructions were given to all the depots not to decorate any vehicle operating to Sabarimala with flowers and not to permit any of the pilgrims or any other temple committees to decorate the vehicle with flowers. The same can be seen in the general instructions given by the Chairman and Managing Director of the KSRTC. A true copy of the memorandum dated 07.11.2023 is produced and marked as Exhibit R4(A).

5. The KSRTC operates daily buses to Sabarimala, during the Mandala-Makaravilakku season, for more than 30 years. The special service to Sabarimala operates from Sarkara temple to Pamba via Attingal, Kilimanoor, Kottarakkara, Adoor, Pathanamthitta, Nilakkal. As a part of the rituals the temple advisory committee and the devotees of the temple used to decorate the bus with flowers when the first journey of the season commences. Every year, the first special service buses to Sabarimala are decorated separately by the pilgrims or the Temple Advisory Committee. The Corporation or the officers of the concerned Depot does not interfere with such activities as this has been the practice for years unless the decoration goes overboard and violates the rules. However, specific instructions have been given after the last year’s order that at any cost, no decoration shall be permitted in any of the buses and same has been followed except on one occasion at Sarkara Devi Temple.

6. Immediately on coming to know of the same, C.P Prasad, ATO Attingal, telephonically contacted the President of the Temple Advisory Committee and enquired about the same. It was informed to the ATO that the same was done by some persons who gathered over there against the objections raised by the officials of the Temple Advisory Committee. The devotees who gathered over there and done the above action, were not listening to the objections of the crew of the vehicle. The crew of the vehicle also reported to the ATO that irrespective of the instructions the persons gathered over there forcefully decorated the vehicle and some of them were travelling in the bus to Sabarimala as well. The crew was unable to resist it at that time as i