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2025 Supreme(Online)(Ker) 68600
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN, K. V. Jayakumar, JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
SSCR NO. 18 OF 2025
For the Appellants/Petitioners: SC for TDB, Sri. G. Biju
For the Respondents: Sri. S. Sujin, Sri. S. Rajmohan, Senior Government Pleader, Smt. Sayujya Radhakrishnan, SC for High Power Committee (Amicus Curiae)
Court authority in regulating illegal fund collection for religious activities and ensuring timely investigation compliance.
Headnote:(A) Bharatiya Nyaya Sanhita - Section 318(4) - Suo Motu proceedings initiated following the unauthorized fund collection for the installation of an idol of Lord Ayyappa - Actions taken against the 7th respondent for illegal activities, including the freezing of a bank account. (Paras 2-10)
(B) Power of the court - The court has the authority to monitor and direct investigations related to unauthorized fund collection and ensure compliance with legal standards, thereby safeguarding public interest. (Paras 6, 8)
Facts of the case:
A report was submitted concerning the 7th respondent seeking permission to install a sacred idol and collecting funds unlawfully, prompting the court’s intervention.
Findings of Court:
The investigation must be concluded within four months, and all seized funds must be dealt with according to legal provisions.
Issues: Whether the fund solicitation by the 7th respondent is lawful and the proper legal framework for addressing such activities.
Ratio Decidendi: The court emphasized the importance of legal compliance in fund collection activities associated with religious practices.
Result: SSCR closed with specific directions for investigation and fund management.
| Table of Content |
|---|
| 1. unauthorized fund collection for idol installation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court oversees fund collection activities. (Para 6 , 7) |
| 3. importance of timely investigation. (Para 8) |
| 4. specific orders issued for investigation. (Para 9 , 10) |
JUDGMENT
This proceeding was initiated on the basis of a report submitted by the Special Commissioner, Sabarimala regarding the permission granted by the Travancore Devaswom Board to the 7th respondent, Dr. E. K Sagadhevan, to install a “Panchaloha Vigraham” of Lord Ayyappa in the premises of Sabarimala Sree Dharma Sastha Temple.
2. On 21.05.2025, the 7th respondent, Chairman, Lotus Multi Speciality Hospital and IVF Fertility Centre, on behalf of a devotee community of approximately 150 pilgrims from Erode, Tamil Nadu expressed their willingness and sought permission to donate a two foot tall 150 kg sacred idol of Lord Ayyappa manufactured with five precious metals as per a letter addressed to the President, Travancore Devaswom Board. The Secretary, Travacore Devaswom Board issued a letter to the Executive Officer, Sabarimala to extend full co-operation for the said venture. Thereafter, the 7th respondent issued a pamphlet requesting the public to donate money for the installation of Panchaloha idol of Lord Ayyappa at Sabarimala with bank account details and a QR code seeking donations. In the pamphlet, it was asserted that they have got the permission to install the idol of Lord Ayyappa at Sabarimala from Travancore Devaswom Board as well as from the Kerala Government.
3. By noticing this action of the 7th respondent, the Special Commissioner, Sabarimala submitted a report on 16.07.2025 as S.M.No.18/2025 before this Court for initiating appropriate action. On the basis of the aforesaid report filed by the Special Commissioner, this Court registered this suo-motu case on 23.07.2025. This Court has passed an order directing the 6th respondent Chief Police Co-ordinator, Sabarimala, to take necessary steps to ensure that a crime is registered in connection with the incident. It was further directed that appropriate measures are to be taken to ensure that the amount credited to the account referred to in the pamphlet is not withdrawn by the 7th respondent.
4. Pursuant to the directions issued by this Court, Travancore Devaswom Board has submitted a petition before the State Police Chief, Thiruvananthapuram regarding the illegal and unauthorized fund collection by the 7th respondent. The said petition was forwarded to the Inspector of Police, Pamba Police Station for taking legal action.
5. Subsequently, the Inspector of Pamba Police Station registered Crime No.253/2025 under Section 318 (4) of the Bharatiya Nyaya Sanhita against the 7th respondent on 31.07.2025.
6. We have heard the submissions of Sri. Biju, learned Standing Counsel for the Travancore Devaswom Board, Sri. S. Sujin, learned counsel appearing for the 7th respondent and Sri.S. Rajmohan, Senior Government Pleader.
7. By order dated 06.08.2025 this Court directed the learned Government Pleader to get instructions and to report as to the quantum of funds collected by the additional 7th respondent from devotees.
8. As per the direction of this Court, the 6th respondent, Additional Director General of Police and Chief Coordinator, Sabarimala on 02.09.2025 has submitted a report stating the details of funds collected by the 7th respondent.
“On 07-07-2025 Rs. 500000/- (five Lakhs only) was credited to the account by Srinivasan K. through RTGS with transaction ID S71121600 On 15-07-2025 Rs. 1000/- (One Thousand only) was credited to the account by UPI transaction with Transaction id S49605548 On 15-07-2025 Rs. 100000/- (one Lakh only) was credited to the account by Srinivasan K. through NEFT with transaction ID S50644601 On 16-07-2025 Rs. 2000/- (Two Thousand only) was credited to the account by UPI transaction with Transaction id $55684665 On 16-07-2025 Rs. 3001/- (Three Thousand and one only) was credited to the account by UPI
