IN THE MATTER OF: TRAVANCORE DEVASWOM BOARD v. UNION OF INDIA, MINISTRY OF CIVIL AVIATION, NEW DELHI
2022-12-06
ANIL K.NARENDRAN, P.G.AJITHKUMAR
body2022
DigiLaw.ai
ORDER : 1. This DBP is registered suo-motu based on the proceedings dated 18.11.2022 since news items appeared in visual media regarding the helicopter service package for Sabarimala pilgrims offered by the 11th respondent, a private agency in its website helikerala.com. A copy of the printout taken from the website of the 11th respondent forms part of this DBP. Going by the materials on record, the 11th respondent will operate two daily trips from Kochi to Nilakkal, at the rate of Rs. 45,000/- per head, which includes darshan, dolly service and car transfer. 2. On 18.11.2022, when this DBP came up for consideration, this Court issued notice to the 11th respondent, through the 7th respondent Commissioner of Police, Ernakulam, who was directed to depute Police personnel to serve notice on an authorised representative of the 11th respondent, on that day itself. Registry was directed to list the matter for further consideration on 19.11.2022 at 10.30 a.m., after obtaining orders from the Hon’ble the Chief Justice. 3. On 19.11.2022, when this DBP came up for consideration, this Court recorded the submission made by the learned counsel for the 11th respondent that the said respondent shall not proceed further with “Sabarimala Ayyappa Darshan Helicopter Service Package.” In the order dated 19.11.2022, it was made clear that the aforesaid undertaking given by the learned counsel for the 11th respondent will not absolve the said respondent from being proceeded against in accordance with law. The Travancore Devaswom Board was directed to inform the pilgrims through its Virtual-Q platform that no tour operator in the aviation sector has been granted permission for helicopter facility to Nilakkal. The 11th respondent was also directed to publish the same on its website. 4. On 21.11.2022, the learned Standing Counsel for Travancore Devaswom Board submitted that the Board has already submitted a complaint against the 11th respondent before the appropriate authority. The learned counsel for the 11th respondent submitted that the said respondent has already removed the advertisement regarding the helicopter service package to Sabarimala pilgrims, from its website, and published a notification on their website that they have no permission from the Travancore Devaswom Board for helicopter service to Nilakkal. By the order dated 21.11.2022, the 11th respondent was directed to explain the circumstances in which they offered ‘darshan’ at Sabarimala Sannidhanam in their helicopter service package and to furnish the details of its partners. 5.
By the order dated 21.11.2022, the 11th respondent was directed to explain the circumstances in which they offered ‘darshan’ at Sabarimala Sannidhanam in their helicopter service package and to furnish the details of its partners. 5. On 21.11.2022, along with the memo filed by the learned Senior Government Pleader, a statement dated 20.11.2022 of the 6th respondent District Police Chief was placed on record, producing therewith Annexure R6(1) complaint dated 19.11.2022 made by the Secretary of Travancore Devaswom Board, against the 11th respondent. On 30.11.2022, along with another memo filed by the learned Senior Government Pleader, the statement dated 23.11.2022 of the 6th respondent District Police Chief was placed on record, producing therewith the enquiry report dated 23.11.2022 of the Deputy Superintendent of Police, District Crime Branch, Pathanamthitta [as Annexure R6(1)] and a copy of G.O.(P)No. 72/2022/Home dated 19.10.2022 notifying Sabarimala and its vicinity as a ‘Special Security Zone’ [as Annexure R6(2)]. Since the complaint dated 19.11.2022 made by the Secretary of Travancore Devaswom Board, produced along with the statement dated 20.11.2022 of the 6th respondent District Police Chief, has already been marked as Annexure R6(1), the documents produced along with the statement dated 23.11.2022 of the 6th respondent District Police Chief are marked as ‘Annexure R6(2)’ and ‘Annexure R6(3)’ respectively, instead of ‘Annexure R6(1)’ and ‘Annexure R6(2)’. Registry to make necessary corrections. Annexure R6(3) notification dated 19.10.2022 is one issued under Section 83(1) of the Kerala Police Act, 2011, in order to exercise the powers under Section 83(2) of the said Act in Sabarimala and its vicinity. Nilakkal Base Camp is included in that notification. By the order dated 30.11.2022, we have directed the learned Standing Counsel for Travancore Devaswom Board to make available for the perusal of this Court the register maintained by the Board regarding helicopter operations at the helipad at Nilakkal Base Camp. 6. The 11th respondent Enhance Aviation Services LLP has filed an affidavit dated 21.11.2022, explaining the facts and circumstances, producing therewith Exts.R11(a) and R11(b). The 5th respondent District Collector has filed another affidavit dated 21.11.2022. On behalf of the 11th respondent, an affidavit dated 27.11.2022 was placed on record, along with I.A. No. 1 of 2022. The counter affidavit dated 30.11.2022 on behalf of the 8th respondent Travancore Devaswom Board was placed on record, producing therewith Annexure R8(a) to R8(c). 7.
The 5th respondent District Collector has filed another affidavit dated 21.11.2022. On behalf of the 11th respondent, an affidavit dated 27.11.2022 was placed on record, along with I.A. No. 1 of 2022. The counter affidavit dated 30.11.2022 on behalf of the 8th respondent Travancore Devaswom Board was placed on record, producing therewith Annexure R8(a) to R8(c). 7. The learned Deputy Solicitor General of India has filed a statement dated 06.12.2022, on behalf of the 1st respondent, wherein it is stated that for helicopter operations, the operator has to obtain landing permission from the helipad owner. District Collector/Police permission/intimation is required for helicopter operations. If the helipad is being developed in a forest/green zone area permission from the Environmental/Forest Department has to be obtained. As per the Directorate General of Civil Aviation (DGCA) Civil Aviation Requirement (CAR), Section IV Aerodrome Standard and Licensing, Series D, Part V, if the helicopter operations are on a regular basis, more than 7 times a month, the operator has to get the helipad approved from DGCA. The operator has to get Standard Operating Procedures (SOP) approved by the Directorate General of Civil Aviation for regular helicopter operations. Further, DGCA has not approved any operator to provide helicopter services within the Special Security Zone at Sabarimala. The 11th respondent is not a holder of Air Operator Permit (AOP) issued by DGCA. However, temporary helicopter operations are being conducted by a few approved operators to the temporary helipad owned by the Travancore Devaswom Board and located at Nilakkal after prior landing permission and payment of the landing fee. 8. The specific stand taken in the affidavit of the 5th respondent District Collector and the statement of the 6th respondent District Police Chief is that the 11th respondent has not given any intimation regarding its helicopter operations to Nilakkal. Since Sabarimala is declared a ‘Special Security Zone’ vide Annexure R6(3) notification dated 19.10.2019, Police is providing security to the helipad at Nilakkal and to helicopters landed after obtaining clearance from lawful authorities such as the Director General of Civil Aviation (DGCA) and the district administration. On 19.11.2022, the Secretary of the Travancore Devaswom Board lodged Annexure R6(1) complaint before the 6th respondent District Police Chief, against the 11th respondent, for misusing the name of Sabarimala by offering false Sabarimala helicopter pilgrim package.
On 19.11.2022, the Secretary of the Travancore Devaswom Board lodged Annexure R6(1) complaint before the 6th respondent District Police Chief, against the 11th respondent, for misusing the name of Sabarimala by offering false Sabarimala helicopter pilgrim package. In the report of the 6th respondent, it is stated that prima facie the advertisement is misleading, with malafide intention. The complaint is endorsed to the Deputy Superintendent of Police, District Crime Branch, Pathanamthitta, for enquiry and report on or before 23.11.2022, who has been instructed to extend the enquiry to similar advertisements offering helicopter service for Sabarimala pilgrims. Stringent action will be taken against those who mislead the pilgrims. As per Annexure R6(2) enquiry report dated 23.11.2022 of the Deputy Superintendent of Police, District Crime Branch, the 11th respondent has not provided any helicopter services or tour packages during the pilgrimage season of 2022-23 or collected money from anyone. No one has filed any complaint against the 11th respondent, till that date. 9. The stand taken by the Travancore Devaswom Board in its counter affidavit dated 30.11.2022 is that the Board owns the helipad at Nilakkal, which is a temporary helipad constructed by the High Power Committee for Implementation of Sabarimala Master Plan, and handed over to the Board. The helipad is being operated in terms of Annexure R8(a) Civil Aviation Requirements (CAR), i.e. ‘Minimum Safety Requirements for Temporary Helicopter Landing Areas’ prescribed by the Director General of Civil Aviation (DGCA), which is one issued under the provisions of Rule 133A of the Aircraft Rules, 1937. As per Para-3.5 helicopter operators through their Accountable Manager shall be responsible for the safety of helicopter operations, passengers and people on the ground. As per Para-3.6 the permission of the owner of the site shall be obtained before it is used for helicopter operations and the district authorities notified in advance. It is the responsibility of the owner or person having control of such a place to ensure that the land is used as per the applicable regulations. As per Para 3.7, when such a place is used by helicopters carrying VIP all instructions issued from time to time in this regard shall be complied with by the operator through his Accountable Manager/Pilot.
As per Para 3.7, when such a place is used by helicopters carrying VIP all instructions issued from time to time in this regard shall be complied with by the operator through his Accountable Manager/Pilot. Considering the fact that helicopters are meant to operate at very short notice, even from unprepared surfaces, the Ministry of Civil Aviation has issued Annexure R8(b) letter dated 14.06.2019, wherein it is stated that the helicopter operators only need to inform the district authorities of their operations and are not required to take approval. Para.2 of Annexure R8(b) letter would make it clear that NOC from the land owner is required for operations in temporary helipads. In the counter affidavit, it is stated that, permission to use the helipad at Nilakkal will be given by the Executive Engineer, Sabarimala Development Project, strictly in accordance with the requirements of Annexure R8(a) and R8(b), on getting requests from the operator and paying the requisite fees. Though there was a proposal by the Board for helicopter service to Nilakkal, and the Executive Engineer, Sabarimala Development Project issued a tender notification inviting Expression of Interest (EOI) in ‘Mathrubhumi’ and ‘Times of India’ and also on the website of the Board, due to insufficient number of qualified bidders EOI was re-invited. But there was no response. In the counter affidavit, it is stated that, the 11th respondent, without participating in the tender proceedings had given a letter to the then President of the Travancore Devaswom Board, requesting to conduct helicopter service to Nilakkal. But the Board did not give any permission to them. Now they have given an advertisement for helicopter service to Nilakkal, using the name of Sabarimala and the deity with photographs, without any permission from the Board, in violation of the law laid down by this Court in Suneesh K.S. vs. Travancore Devaswom Board and Others, ILR 2022 (1) Ker 1091. Immediately upon knowing about the unauthorised advertisement by the 11th respondent, the Board lodged Annexure R8(c) complaint dated 19.11.2022 with the 6th respondent District Police Chief, Pathanamthitta and the Civil Aviation authorities. 10. The stand taken by the 11th respondent, in the counter affidavit dated 21.11.2022 is that the said respondent is doing the business of chartered helicopter service to individuals and corporates, by hiring helicopters from authorised and licensed helicopter service providers.
10. The stand taken by the 11th respondent, in the counter affidavit dated 21.11.2022 is that the said respondent is doing the business of chartered helicopter service to individuals and corporates, by hiring helicopters from authorised and licensed helicopter service providers. The 11th respondent published an advertisement on its website and social media regarding helicopter service from Cochin to Nilakkal helipad. While offering packages by arranging flight tickets, helicopter service, etc. the 11th respondent proposed to arrange Virtual-Q tickets, if demanded by the customers, from the portal of Sabarimala, and also taxi and dolly services. It is only after obtaining darshan tickets from the Virtual-Q system, the flight tickets and helicopter timings are scheduled, to see that the customers have a hassle-free darshan. The 11th respondent had hired a helicopter from M/s.Chipsan Aviation Pvt. Ltd., as evidenced by Ext.R11(a) invoice dated 08.12.2021. As per Ext.R11(b) the letter dated 14.06.2019 of the Ministry of Civil Aviation, prior approval from the district authorities and police is not required for helicopter operations, instead permission from the owner of the site alone needs to be obtained. The district authorities need to be intimated about the service. To the knowledge of the 11th respondent, from various sources including Aeronautical Information Publication of India, Nilakkal helipad is not a restricted air space. The 11th respondent was not aware of the orders passed by this Court in DBP No. 3 of 2022 and other orders imposing restrictions on the usage of helicopter at Nilakkal helipad. It was under the impression that helicopter service to Nilakkal is still permitted, since there were operations and landing at Nilakkal helipad till September 2022, for each and every Maasa pooja. The said service was regularly offered by M/s. Chipsan Aviation Pvt. Ltd. on the basis of the permission granted by the Travancore Devaswom Board, on payment of Rs. 20,000/- per landing. The helicopter service has been continuing for the last several years and the State Government as well as the Devaswom Board themselves had given all assistance and promotion for facilitating helicopter services for the ultimate benefit of pilgrims including aged, sick persons, along with foreign nationals and business class people. There are many other similar service providers who have facilitated helicopter service for Sabarimala Darshan, namely, M/s. Chipsan Aviation Pvt. Ltd. and M/s. Helitours India Pvt. Ltd. etc.
There are many other similar service providers who have facilitated helicopter service for Sabarimala Darshan, namely, M/s. Chipsan Aviation Pvt. Ltd. and M/s. Helitours India Pvt. Ltd. etc. The 11th respondent takes bookings from pilgrims and based on that helicopters are hired from licensed operators, who in turn obtain the necessary permission from the Devaswom Board and gives intimation/information to the statutory authorities. The pre-bookings of the taxi and dolly are done by the 11th respondent basically to complete the darshan within the shortest time, and to see that the helicopter service could be completed safely due to hilly terrain and varying weather conditions. The duty time of the pilots is limited to 10 hours per day. Exceeding the said time limit will violate Civil Aviation Regulations. The advertisement, which was the cause of action for this suo motu proceedings, has already been withdrawn from the website, as directed by this Court. The same was never intended to perpetuate any illegal activities by the 11th respondent. In the counter affidavit, it is stated that, the 11th respondent had provided the very same service in the last year as well, after obtaining necessary permission for landing at Nilakkal helipad from the Travancore Devaswom Board. The 11th respondent has filed I.A. No. 1 of 2022 seeking permission to arrange helicopter service for Sabarimala pilgrims, with landing at any other helipad, after changing the caption of the advertisement as ‘Helicopter Service for Ayyappa Darshan’ or any other identifiable caption relating to the pilgrimage. 11. Today, when this matter is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court ‘Helicopter NOC Register’ maintained by the Executive Engineer, Sabarimala Development Project, Pathanamthitta. As per the said register, there was only one helicopter operation conducted in the year 2018, i.e. on 12.10.2018; two operations in the year 2020, i.e. on 08.10.2020 and 11.10.2020; four operations in the year 2021, i.e. on 04.02.2021, 14.03.2021, 14.09.2021 and 03.12.2021 and five operations in the year 2022, i.e. on 03.01.2022, 05.01.2022, 07.02.2022, 08.02.2022 and 13.09.2022. In the year 2022, the operations proposed on 14.10.2022 and 07.11.2022 were cancelled and as such, no NOC was issued. The details of the above helicopter operations at Nilakkal are stated in the enquiry report dated 23.11.2022 of the Deputy Superintendent of Police, District Crime Branch, Pathanamthitta. 12.
In the year 2022, the operations proposed on 14.10.2022 and 07.11.2022 were cancelled and as such, no NOC was issued. The details of the above helicopter operations at Nilakkal are stated in the enquiry report dated 23.11.2022 of the Deputy Superintendent of Police, District Crime Branch, Pathanamthitta. 12. Heard the learned Deputy Solicitor General of India for respondents 1, 12 and 15, the learned Senior Government Pleader for respondents 2 to 7, 13 and 14, the learned Standing Counsel for Travancore Devaswom Board for respondents 8 to 10 and also the learned counsel for the 11th respondent. 13. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 14. Section 24 of the Act deals with maintenance of Devaswoms, etc. out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms] keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community. 15. Section 31 of the Act deals with management of Devaswoms.
15. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 16. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve, which is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. 17. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 18. In Suo Motu vs. Travancore Devaswom Board and Others, 2022/KER/20737 : 2022 (7) KHC SN 5 : 2022 SCC Online Ker 2185 this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them.
Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them. However, in Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at ‘Pathinettampadi’ to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. Crowd Management at Sabarimala during festival seasons and monthly poojas cannot be handled with the limited number of employees of the Travancore Devaswom Board, who are deputed on special duty. In the said decision, this Court held that crowd management by the Kerala Police at Sabarimala Sannidhanam and even at Pathinettampadi will not in any manner infringe the fundamental right guaranteed under Articles 25 and 26 of the Constitution. In the said decision, this Court directed the Travancore Devaswom Board to take over the Virtual-Q system for Sabarimala darshan, owned and managed by Kerala Police, with the technical support of Tata Consultancy Services Ltd. (TCS Ltd.) and thereafter, TCS Ltd. shall render necessary technical support to the Board. Once the ownership and management of Virtual-Q system are transferred, the Board has to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, 2011. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also monthly poojas the Kerala Police should have access to the database in the Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database. In the said decision, this Court held that, any access to the database in the Vitrual-Q platform by Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or an untoward, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims. 19. According to Oxford Dictionary ‘worshipper’ is a person who shows reverence and adoration for a deity.
19. According to Oxford Dictionary ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple. 20. In the order dated 10.11.2022 in DBP No. 56 of 2022, Suo Motu vs. State of Kerala and Others, 2022/KER/64654, this Court held that a ‘worshipper’ who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasa Poojas and festival seasons, including Mandala-Makaravilakku festival season, are applicable to all ‘worshippers’ who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. 21. In the complaint by a devotee, which was the subject matter of DBP No. 56 of 2022, his main grievance was regarding the arrangements made for darshan, in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple. In the said DBP, the Special Commissioner, Sabarimala filed a report dated 10.10.2022, producing therewith the order dated 05.01.2007 of the Apex Court in Civil Appeal No. 71 of 2007, which permitted entry of only certain persons in the enclosure in front of Sopanam, which we have referred to in paragraph 14 of that order. Paragraph 14 of that order read thus: “14. As per the report of the Special Commissioner, Sabarimala, the Police officers posted for duty at Sabarimala Sannidhanam are responsible for the crowd management in Pathinettampadi (holy 18 steps), the flyover and the Sopanam. To facilitate better crowd management the 3rd row is maintained as a ‘buffer zone’ where Police officers stand and manage the crowd. In the 1st row, the identification of Pooja ticket holders and their entry are managed by the guards of the Travancore Devaswom Board. In the enclosure in front of the Sopanam, the Tantri and Melsanthi do namaskaram by prostrating on the floor. By Annexure 5 order dated 05.01.2007 in Civil Appeal No. 71 of 2007, the Apex Court permitted entry of only certain persons in the enclosure in front of the Sopanam.
In the enclosure in front of the Sopanam, the Tantri and Melsanthi do namaskaram by prostrating on the floor. By Annexure 5 order dated 05.01.2007 in Civil Appeal No. 71 of 2007, the Apex Court permitted entry of only certain persons in the enclosure in front of the Sopanam. After Covid-19 pandemic, the enclosure in front of the Sopanam is maintained as a 'bio-bubble' and only the essential staff of the Travancore Devaswom Board, like the Administrative Officer, the Executive Officer, etc. have access to that enclosure, in order to ensure that the enclosure remains sterile and to avoid the Tantri, Melsanthi and other poojaris getting infected with the Corona virus. VIPs and dignitaries are allowed to have darshan from the 1st row.” 22. In the order dated 10.11.2022 in DBP No. 56 of 2022 [2022/KER/64654] this Court noticed that, when the average footfall at Sabarimala reaches 80,000-90,000 pilgrims per day, 70 to 80 pilgrims will have to move through the barricades in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple, in a minute, in order to ensure that all the pilgrims have darshan of Lord Ayyappa when the Sanctum Sanctorum remains open. The guards and Police officers on duty at the Sopanam have to regulate the movement of pilgrims through the barricades, in an appropriate manner, causing least inconvenience to the pilgrims. To facilitate better crowd management, the 3rd row is maintained as a buffer zone. The Police officers shall stand on either side of the 3rd row, for crowd management. CCTV cameras are installed near Pathinettampadi (holy 18 steps) and at the Sopanam of Sabarimala Sree Dharma Sastha Temple. The Police Special Officer posted at Sannidhanam, who is in the rank of Deputy Superintendent of Police, shall keep constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims. 23.
CCTV cameras are installed near Pathinettampadi (holy 18 steps) and at the Sopanam of Sabarimala Sree Dharma Sastha Temple. The Police Special Officer posted at Sannidhanam, who is in the rank of Deputy Superintendent of Police, shall keep constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims. 23. In the order dated 10.11.2022 in SSCR No. 23 of 2022 we have noticed the ‘Police Bundobust Scheme’ prepared to make arrangements for crowd management, to facilitate a safe, secure, smooth and hassle-free darshan for the pilgrims, to ensure the safety and security of the Holy Shrine, the premises and the devotees, including effective measures against extremism or terrorism, to effectively control traffic, to maintain law and order and prevent crime, to attend any kind of natural or man-made disasters during Mandala- Makaravilakku festival season of 1198 ME (2022-23), extending from 15.11.2022 to 20.01.2023. Paragraphs 5 to 9 of the report of the Assistant Inspector General of Police deal with Sabarimala Pilgrim Management System (SPMS) - Virtual-Q System, service of other State Police officials, service of Rapid Action Force (RAF) of CRPF and National Disaster Response Force (NDRF), aerial surveillance by Navy and Air Force and implementation of Justice Hariharan Nair Commission Report. 24. Section 83 of the Kerala Police Act, 2011 deals with Special Security Zones. As per sub-section (1) of Section 83, the Government may, on the recommendation of the State Police Chief or otherwise by reason of high security threats faced by any distinguished or protected person present in an area or any important institution or premises situated therein, notify such area as a Special Security Zone. As per sub-section (2) of Section 83, the Government may direct in areas so notified under sub-section (1) reasonable restrictions with respect to the use of building premises and vehicles and in respect of the movement of persons, vehicles and objects and police officers may issue, to all concerned, such directions as are necessary for the compliance of such restrictions. 25. The Government, vide Annexure R6(3) notification, i.e. G.O. (P) No. 72/2022/Home dated 19.10.2022 declared Sabarimala and its vicinity as a ‘Special Security Zone’ under Section 83(1) of the Kerala Police Act, 2011, in order to exercise the powers under Section 83(2) of the said Act, to ensure a safe, secure and hassle-free pilgrimage during Mandala-Makaravilakku festival season of 1198 ME (2022-23).
Nilakkal Base Camp is included in that notification. In the statement filed on behalf of the 1st respondent Ministry of Civil Aviation, it is stated that, the Directorate General of Civil Aviation (DGCA) has not approved any operator to provide helicopter services within the Special Security Zone at Sabarimala. In view of Annexure R6(3) notification issued under Section 83(1) of the Kerala Police Act, with the restrictions in terms of Section 83(2), any operation of helicopter service to the helipad at Nilakkal Base Camp, other than emergency operations and operations under Section 83(1) of the Kerala Police Act, shall be with prior permission from the 6th respondent District Police Chief and prior intimation of the 5th respondent District Collector. In addition to this, the operator has to obtain prior permission/NOC from the Travancore Devaswom Board, after remitting the requisite fee. 26. During the course of arguments, it is pointed out by the learned Senior Government Pleader, that the helipad at Nilakkal Base Camp is at an aerial distance of only 800 meters from the boundary of ‘Periyar Tiger Reserve’ which is a protected area for tigers and other wildlife including elephants, gaurs, leopards, sloth bears, etc. The learned Senior Government Pleader would point out the order of this Court dated 16.10.2022 in DBP No. 3 of 2022 and the order dated 30.06.2022 in DBP No. 9 of 2022. 27. The fact that the helipad at Nilakkal Base Camp situates near the boundary of ‘Periyar Tiger Reserve’ which is a protected area for tigers and other wildlife including elephants, gaurs, leopards, sloth bears, etc. is not in serious dispute. The fact that the helipad at Nilakkal Base Camp is only a temporary helipad constructed by the High Power Committee for Implementation of Sabarimala Master Plan and handed over to the Travancore Devaswom Board is also not in serious dispute. As pointed out in the statement dated 06.12.2022 filed on behalf of the Ministry of Civil Aviation, as per the Directorate General of Civil Aviation (DGCA) Civil Aviation Requirement (CAR), Section IV Aerodrome Standard and Licensing, Series D, Part V, if the helicopter operations are on a regular basis, more than 7 times a month, the operator has to get the helipad approved from DGCA. The operator has to get Standard Operating Procedures (SOP) approved by the Directorate General of Civil Aviation for regular helicopter operations. 28.
The operator has to get Standard Operating Procedures (SOP) approved by the Directorate General of Civil Aviation for regular helicopter operations. 28. The stand taken in the counter affidavit filed by the 11th respondent is that, for the last several years, the State Government as well as the Travancore Devaswom Board are providing all assistance and promotion for facilitating helicopter services for the benefit of Sabarimala pilgrims including aged persons, sick persons, foreign nationals and business class people. Many other service providers had facilitated helicopter service for Sabarimala Darshan. 29. As already noticed hereinbefore, as per ‘Helicopter NOC Register’ maintained by the Executive Engineer, Sabarimala Development Project, there was only one helicopter operation in the year 2018, two operations in the year 2020, four operations in the year 2021, and five operations in the year 2022. The details of those operations are also found in Annexure R6(2) enquiry report dated 23.11.2022 of the Deputy Superintendent of Police, District Crime Branch, Pathanamthitta. By the orders of this Court in SSCR No. 23 of 2022, the Travancore Devaswom Board, the District Police and also the District Administration are directed to render necessary assistance to senior citizens, persons with disabilities and children of tender age, in order to ensure that they are not facing any inconvenience during the pilgrimage. As already noticed in the order dated 10.11.2022 in DBP No. 56 of 2022, Suo Motu vs. State of Kerala and Others, 2022/KER/64654 the entry of pilgrims through the 1st row in front of Sopanam of Sabarimala Sannidhanam is regulated in terms of the order dated 05.01.2007 of the Apex Court in Civil Appeal No. 71 of 2007. The ‘foreign nationals’ or ‘business class people’ referred to in the counter affidavit filed by the 11th respondent, are not entitled to any privilege or preference for darshan in front of Sopanam of Sabarimala Sannidhanam. No operator in aviation sector can offer ‘special darshan’ for pilgrims at Sabarimala Sannidhanam or use the name of the Deity, Lord Ayyappa of Sabarimala in connection with any tour or pilgrimage package. 30. A ‘worshipper’ who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala.
30. A ‘worshipper’ who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasa Poojas and festival seasons, including Mandala-Makaravilakku festival season, are applicable to all ‘worshippers’ who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. The ‘foreign nationals’ or ‘business class people’ referred to in the counter affidavit filed by the 11th respondent, are duty-bound to exercise their right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala, who are duty-bound to obey the restrictions imposed to ensure a smooth flow of pilgrims in front of Sopanam of Sabarimala Sannidhanam and darshan for all pilgrims in the queue. While proceeding to Sannidhanam from Nilakkal, they are duty-bound to obey the restrictions imposed by the Travancore Devaswom Board, the District Administration and also the District Police, which are applicable to all pilgrims. 31. Since the helipad at Nilakkal Base Camp is only a temporary helipad, regular helicopter operations cannot be permitted from that helipad, either during Mandala-Makaravilakku festival seasons or Maasa poojas, especially when that helipad is at an aerial distance of only 800 meters from the boundary of ‘Periyar Tiger Reserve’ which is a protected area for tigers and other wildlife including elephants, gaurs, leopards, sloth bears, etc. The operations in that helipad, other than emergency operations and operations under Section 83(1) of the Kerala Police Act, have to be restricted to the maximum extent possible. 32. The 8th respondent Travancore Devaswom Board, the 5th respondent District Collector and the 6th respondent District Police Chief are directed to ensure strict compliance of the directions contained hereinbefore. The Police shall take necessary action on Annexure R6(1) complaint made by the Secretary of the Travancore Devaswom Board, in accordance with law. 33. With the above directions this DBP is disposed of.