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2024 DIGILAW 1638 (KER)

Suo Motu v. State Of Kerala

2024-12-11

ANIL K.NARENDRAN, MURALEE KRISHNA S.

body2024
ORDER : Anil K. Narendran, J. The Special Commissioner, Sabarimala has filed this report regarding the strike proposed by the Dolly workers at Sabarimala, during Mandala-Makaravilakku festival season of 1200 ME (2024-25). 2. On 03.12.2024, when this SSCR came up for consideration at 11.45 a.m., the learned Senior Government Pleader and the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. Therefore, this SSCR was ordered to be listed on 03.12.2024 at 12.00 p.m. for further consideration. 3. When this SSCR was taken up again at 12.00 p.m., the learned Standing Counsel for Travancore Devaswom Board submitted that on the strike proposed by the Dolly workers, a meeting of the Additional District Magistrate, Sabarimala, Devaswom Officials and Police Officials was held on 02.12.2024, at Sannidhanam, which was attended by the representatives of the Dolly workers. The report of the 10 th respondent Executive Officer, Sabarimala, has already been forwarded to the 8 th respondent Travancore Devaswom Board, for its consideration, and the Board will take an appropriate decision in the matter. The learned Senior Government Pleader, on instructions from the 2 nd respondent Chief Police Co-ordinator [Additional Director General of Police (Police Headquarters)], Sabarimala, submitted that there are no issues in respect of Dolly service at Sabarimala. 4. By a detailed order dated 04.12.2024, this Court directed the 8 th respondent Travancore Devaswom Board and its officials, namely, respondents 9 and 10, the 2 nd respondent Chief Police Co-ordinator, Sabarimala, the 5 th respondent District Police Chief, Pathanamthitta, the additional 14 th respondent District Collector, Pathanamthitta, the 6 th respondent Station House Officer, Pamba Police Station and the 7 th respondent Station House Officer, Sannidhanam Police Station to take necessary steps to ensure that no protest or strike from the side of the Dolly workers or others, adversely affecting crowd management at Sabarimala, which is a Special Security Zone, takes place at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival season of 1200ME (2024-25). In the said order, this Court noticed that any such protest or strike will adversely affect the right of the worshippers of Lord Ayyappa, who reach Sabarimala, to exercise their right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. 5. In the said order, this Court noticed that any such protest or strike will adversely affect the right of the worshippers of Lord Ayyappa, who reach Sabarimala, to exercise their right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. 5. Heard the learned Senior Government Pleader for respondents 1 to 7 and the additional 14 th respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 8 to 13 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala. 6. 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. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in Travancore Devaswom Board. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 7. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with the duties of the Board. As per Section 15A of the Act, 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. 8. Section 31 of the Act deals with the 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. 9. 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. 9. In view of the provisions of Section 15A and 31 of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty-bound to see that 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 pilgrims. 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. 10. Sabarimala is situated in a difficult forest terrain prone to natural disasters. Sabarimala and its vicinity are a Special Security Zone under Section 83 (1) of the Kerala Police Act, 2011 , vide G.O.(Ms.)No.74/2024/Home dated 14.10.2024 issued by the State Government, in order to exercise the powers under Section 83 (2) of the said Act, to ensure a safe, secure and hassle-free pilgrimage. The management of Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board and others [2022 (7) KHC SN 5] . As directed in that order, verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. 11. Mandala-Makaravilakku festival season for the year 1200ME (2024-25) commenced on 16.11.2024 and the pilgrims were permitted to move through the trekking path from Pamba to Sannidhanam on 15.11.2024, from 1.00 p.m. onwards. In SSCR No.79 of 2024, which is one filed by the Special Commissioner, Sabarimala, pursuant to the directions contained in the order of this Court dated 20.01.2023 in SSCR No.23 of 2022, regarding crowd management and other aspects in Sabarimala, in connection with Mandala-Makaravilakku festival season of 1200ME (2024-25), the Special Commissioner has filed an additional report dated 09.12.2024 regarding the delay in providing Dolly service to a physically challenged pilgrim at Pamba Bus Stop at U-Turn, on 08.12.2024. On 09.12.2024, when that SSCR was taken up for consideration, the learned Senior Government Pleader, on instructions from the 2 nd respondent Chief Police Co-ordinator, Sabarimala, submitted that at the time when the physically challenged person reached Pamba Bus Stop, Dolly was not available at the Dolly point near Pamba Ganapathi Temple. The police personnel at Pamba Bus Stop gave intimation to the police personnel at the Dolly point. The Deputy Superintendent of Police, who was in charge of verification of Virtual-Q passes at Pamba, contacted the Dolly workers and he accompanied the Dolly to Pamba Bus Stop. After providing Dolly to that pilgrim, the Deputy Superintendent of Police accompanied him to Pamba Ganapathi Temple. In the said SSCR, the 2 nd respondent Chief Police Co-ordinator has filed a report dated 11.12.2024 regarding the said incident. 12. In connection with the Mandala-Makaravilakku festival season of 1200ME (2024-25), a large number of persons are deployed at Sabarimala on special duty, which includes the employees of the Travancore Devaswom Board, Police personnel, Fire and Rescue teams, officials of the District Administration, Motor Vehicles Department, etc. in order to ensure that the pilgrims have a safe, secure and hassle-free pilgrimage. In addition to that, daily wage employees and volunteers are engaged at Nilakkal, Pamba, Sannidhanam and also on the trekking path from Pamba to Sannidhanam for cleaning, distribution of Chukkuvellam, etc. When such personnel/ employees work as a team to ensure that the pilgrims have a safe, secure and hassle-free pilgrimage during Mandala- Makaravilakku festival season, the Dolly workers at Sabarimala cannot be permitted to stage any protest at Sabarimala, which is a place of worship. 13. As noticed in the order of this Court dated 04.12.2024, in case the Dolly workers have any grievance, they ought to have raised the same before the Travancore Devaswom Board well in advance, before the commencement of Mandala- Makaravilakku festival season of 1200ME (2024-25). No such protest or strike by the Dolly workers could be permitted at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival seasons or Maasapoojas. No such protest or strike by the Dolly workers could be permitted at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival seasons or Maasapoojas. The Dolly workers could not be allowed to use such kinds of pressure tactics during Mandala-Makaravilakku festival seasons or Maasapoojas, since any protest or strike from their side will adversely affect crowd management at Sabarimala, which is a Special Security Zone, and also the safety of the pilgrims, which includes children of tender age, aged persons and also persons with disabilities. Any such protest or strike from the side of Dolly workers will adversely affect the rights of the worshippers of Lord Ayyappa, especially aged persons and those with ailments, who reach Sabarimala with an expectation to utilize the dolly service provided in the trekking path from Pamba to Sannidhanam, to have darshan of Lord Ayyappa. In such circumstances, we deem it appropriate to dispose of this SSCR by directing the 8 th respondent Travancore Devaswom Board and its officials, namely, respondents 9 and 10, the 2 nd respondent Chief Police Co-ordinator, Sabarimala, the 5 th respondent District Police Chief, Pathanamthitta, the additional 14 th respondent District Collector, Pathanamthitta, the 6 th respondent Station House Officer, Pamba Police Station and the 7 th respondent Station House Officer, Sannidhanam Police Station to take necessary steps to ensure that no protest or strike from the side of the Dolly workers or others, adversely affecting crowd management at Sabarimala and also the right of the worshippers of Lord Ayyappa, especially aged persons and those with ailments, takes place at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival seasons or Maasapoojas.