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2022 Supreme(Online)(Ker) 80646
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SUO MOTU – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent
DBP NO. 13 OF 2021 | WP(C) NO. 21609 OF 2021 | WP(C) NO. 21812 OF 2021
For the Appellants/Petitioners: G. BIJU, N. MANOJ KUMAR, SAJITH KUMAR, V.V. & SMT.APARNA CHANDRAN, SMT.REMYA VARMA, N.K.
For the Respondents: N. MANOJ KUMAR, G. BIJU, R.KRISHNA RAJ, E.S. SONI KUMARI, S.NIDHEESH, C.S.MANILAL
The court established that the management of the Virtual-Q system for Sabarimala darshan must rest with the Travancore Devaswom Board, while the Kerala Police retains operational responsibility for crowd management.
Headnote:(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 - Management of Virtual-Q system for Sabarimala darshan - Court directed the Travancore Devaswom Board to take over the ownership and management of the Virtual-Q system from Kerala Police - Court emphasized that crowd management must remain with the police but the Devaswom Board holds the ownership and control of the system to ensure proper observance of traditional rites. (Paras 1, 71)
(B) The court recognized that the Sabarimala temple management must adhere to specific regulations under the Travancore-Cochin Hindu Religious Institutions Act, ensuring the Devaswom Board’s authority over worship and ceremonies, highlighting the need for an effective coordination between security and management. (Paras 20, 26, 31)
(C) Court found it essential for the Kerala Police to retain access to the Virtual-Q system's database for effective crowd management and safety during festival seasons but underscored that ownership cannot lie with them. (Paras 32, 37, 59)
Facts of the case:
The case involved the Virtual-Q booking system initiated for managing pilgrims for Sabarimala, with concerns raised regarding its management by the Kerala Police instead of the Travancore Devaswom Board (TDB). Public interest and security concerns were also cited, especially in light of the COVID-19 pandemic, necessitating regulated entry.
Findings of Court:
The TDB must take over the Virtual-Q system while acknowledging the Kerala Police’s role in crowd management during pilgrim seasons to ensure regulatory compliance.
Issues: The primary issues included the lawful authority for managing the Virtual-Q system and maintaining public safety, security, and proper temple administration.
Ratio Decidendi: The ruling underscored the balance between security needs and the statutory duties of the TDB, asserting managerial control lies with the Devaswom Board reflecting the legal provisions governing temple administration.
Result: The TDB is directed to take over management of the Virtual-Q system, with the support of Tata Consultancy Services Ltd., and to establish the necessary security and management protocols.
| Table of Content |
|---|
| 1. overview of the case regarding sabarimala temple management. (Para 1 , 2) |
| 2. introduction and context of the virtual-q system. (Para 3 , 4) |
| 3. arguments about the appropriateness of managing the virtual-q system. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. statutory provisions guiding the management of devaswoms. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. authority of the travancore devaswom board established. (Para 20 , 21) |
| 6. rights regarding access to public worship under law. (Para 22 , 23 , 24 , 25 , 26) |
| 7. the relationship between law and traditional practices in temples. (Para 28 , 29 , 30 , 31) |
| 8. challenges of crowd management in sabarimala. (Para 32 , 33 , 34) |
| 9. conclusion regarding the management of the virtual-q system at sabarimala. (Para 36 , 37 , 38 , 39) |
| 10. legal framework and protection of personal data. (Para 40 , 41 , 42 , 43) |
“C.R”
ORDER/JUDGMENT
Anil K. Narendran, J.
The common issue involved in D.B.P.No.13 of 2021 and also W.P.(C)Nos.21609 and 21812 of 2021 relates to Virtual-Q system at Sabarimala Temple.
2. D.B.P.No.13 of 2021 has been registered suo motu based on the direction issued on 01.07.2021 by the Division Bench dealing with Devaswom matters. The Division Bench noticed that, based on S.M.Report No.3 of 2021 of the Special Commissioner, Sabarimala, regarding underutilisation of the permitted number of 5,000 pilgrims per day under Virtual-Q system, causing loss of opportunity to devotees desirous to undertake pilgrimage, this Court registered SSCR No.3 of 2021. On 05.03.2021, an order was passed in SSCR No.3 of 2021. Taking note of the report that Virtual-Q slots are being put through the website sabarimalaonline.org, which is an initiative of the Kerala Police, and the fact that despite the booking of all Virtual-Q slots within hours of opening of the site, almost all days, when the shrine remains open, only less than 50% of devotees thus registered are turning up for darshan, this Court suo motu impleaded the State Police Chief as additional 3rd respondent, who was directed by the order dated 05.03.2021, to file an affidavit as to whether such situations occur due to any deceitful action from the part of anyone. Thereafter, an affidavit was filed by an officer authorised by the State Police Chief, wherein it is stated that the aforesaid initiative of the Kerala Police is a successful tool to identify the pilgrims and to manage the crowd at Sabarimala during Mandala Makaravilakku Festival season. It was also stated that the restriction regarding the number of pilgrims is due to Covid-19 pandemic and that necessary probe will be done to find out whether there is any illegal activity by anyone for the shortage in the number of pilgrims turning up for darshan. Later, as per the order dated 12.03.2021 in SSCR No.3 of 2021, the number of pilgrims was enhanced from 5,000 to 10,000. The issue whether such shortage in the number of pilgrims occur due to any deceitful action on the part of anyone was not looked into while passing the said order. But, despite the increase of the number of pilgrims as above, there was considerable decrease in the number of pilgrims turning up for darshan, going by the information passed on by the Special Commissioner, Sabarimala. As per the order dated 12.03.2021, this Court permitted to insist for production of Covid-19 negative certificate after RT-PCR test taken within 48 hours of reaching Nilakkal, from NABL accredited ICMR approved laboratories and such other laboratories approved by the Government. This Court noticed that, each day, when the shrine remains open, about 10 hours are available for darshan. Taking note of the available space and the available facilities for crowd management there can be no difficulty at all for facilitating darshan for the devotees, even if the entire permitted number of pilgrims are turning up for darshan, in terms of the time slot allotted to each of them. Since Sabarimala pilgrimage is now permissible only with Covid-19 negative certificat
