Kerala High Court Widens Sabarimala Gold Probe, Citing 'Well-Orchestrated Scheme' and TDB Collusion

KOCHI – In a significant assertion of judicial oversight, the Kerala High Court has broadened the mandate of a Special Investigation Team (SIT) probing the misappropriation of gold from the Sabarimala temple. Citing a potential "larger and well-orchestrated scheme," a Division Bench has directed investigators to move beyond the immediate pilferage and uncover the wider criminal conspiracy, explicitly targeting the potential complicity of officials within the Travancore Devaswom Board (TDB) "from the highest echelons downwards."

The order, delivered by Justices Raja Vijayaraghavan V and K V Jayakumar, intensifies the court-monitored investigation into the loss of gold from the sacred dwarapalaka (guardian deity) idols and decorative frames of the temple's sanctum sanctorum. The Bench, after reviewing the SIT's preliminary report in-camera, expressed satisfaction with the progress but deemed it necessary to expand the inquiry's scope to ensure complete justice and reinforce public trust.

"Court-monitoring in a matter of such sensitivity and where passion runs high shall help in moving the machinery of inquiry/investigation at appropriate pace and its conclusion with utmost expedition without fear or favour," the Bench observed, underscoring the extraordinary nature of its intervention.

From Pilferage to Conspiracy: The Heart of the Case

The investigation, initially triggered by a report from the Sabarimala Special Commissioner, now encompasses two distinct criminal cases registered by the SIT. The charges invoked include Sections 403 (dishonest misappropriation of property), 406 (criminal breach of trust), 409 (criminal breach of trust by a public servant), 466 (forgery of public register), and 467 (forgery of valuable security) of the Indian Penal Code, read with Section 34 (common intention).

The first FIR pertains to the initial entrustment of the gold-clad idols to a Bengaluru-based sponsor, Unnikrishnan Potti, in 2019. The second case involves a startling revelation: the retention of 409 grams of gold extracted from side frames, which Potti allegedly kept with the TDB's knowledge. The court highlighted an email in which Potti sought the Board's permission to use this gold "for the marriage of a girl known to him," a request the Bench described as evidence of "wilful silence and concealment" by officials responsible for safeguarding the temple's valuables.

The court's order meticulously pieces together a sequence of events that suggests a concerted effort to cover up the initial malfeasance. "It is a distinct possibility that the TDB officials secretly re-entrusted the idols to Unnikrishnan Potti in 2025 in an apparent attempt to conceal the pilferage of 2019," the Bench stated.

This suspicion is bolstered by the fact that the re-entrustment in 2025 occurred without informing the High Court or the Special Commissioner, despite a binding court order from a previous case (SSCR No. 13 of 2023) mandating such permissions.

Judicial Scrutiny and Procedural Mandates

The Division Bench has taken several decisive steps to steer the investigation, clarifying that its supervision is "not to direct or dictate the mode or manner of investigation, but to ensure that it proceeds in a proper, effective, and lawful course."

Key directives from the court include:

1. Expanded Investigative Scope: The SIT has been explicitly instructed not to confine its probe to the specific idols. The mandate now is "to uncover the larger conspiracy, identifying the officials of the Travancore Devaswom Board (TDB) who may have colluded to conceal the misappropriation."
2. Seizure of Key Evidence: In a move to secure crucial evidence, the court ordered the SIT to "forthwith seize the Minutes Book of the TDB and to keep it in safe custody." Copies of the book and all other seized records are to be forwarded under seal to the High Court's Registrar General.
3. Suo Motu Writ Petition: To maintain a clear procedural track for its monitoring function, the court directed the Registry to register a new suo motu writ petition. This separates the ongoing supervision from the original proceedings initiated via the Special Commissioner's report (SSCR No. 23/2025), which already impleaded some prospective accused.
4. In-Camera Proceedings: Acknowledging the "grave nature of the offenses involved," the court has mandated that all future hearings will be conducted in-camera to protect the integrity of the investigation.

Accountability of the Devaswom Board

The High Court's order places the conduct of the Travancore Devaswom Board squarely under the microscope. The Bench pointed to a series of "serious irregularities" and contradictory actions by TDB officials that facilitated the alleged crime.

Notably, the Devaswom Commissioner initially stated on July 30, 2025, that the proposed contractor, Chennai-based Smart Creations, lacked the necessary technical expertise. However, this stance was inexplicably reversed within days. By August 21, 2025, official communications cited directives from the TDB President to expedite the work as per the sponsor's proposal.

Furthermore, the court observed that TDB officials disregarded established rules requiring valuable temple items to be repaired within the temple premises ( sannidhanam ), instead handing them over to Potti, a person the court described as having "dubious antecedents."

Invoking Section 15A(ii) of the Travancore-Cochin Hindu Religious Institutions Act, the court reminded the Board of its supervisory duties and the principle of hierarchical accountability. The Bench opined that higher officials cannot "wash off their hands by blaming their subordinates," as every officer has a duty to protect the deity's valuables.

Legal Implications and Future Course

This case serves as a powerful precedent for the judiciary's role in ensuring the accountability of statutory bodies managing religious and public trusts. The court's decision to proactively monitor the investigation highlights a judicial willingness to intervene in extraordinary circumstances to prevent a failure of justice and maintain public faith in institutional integrity.

For legal practitioners, the proceedings demonstrate the robust application of criminal law principles—conspiracy, forgery, and criminal breach of trust—to offenses committed within the administrative framework of a religious institution. The court's meticulous documentation of procedural lapses and contradictory statements by officials provides a clear roadmap for the SIT's expanded investigation.

The SIT report indicates that ten individuals, including Unnikrishnan Potti and several TDB officials, have already been named as accused. With the investigation expected to conclude within six weeks, further revelations regarding the extent of the conspiracy are anticipated.

The case is scheduled for its next hearing on November 5, when the SIT officers are required to appear in person before the Bench to report on their progress.