Suo Motu vs State Of Kerala on 22 October, 2024

[Cites 7, Cited by 0]

Kerala High Court

Suo Motu vs State Of Kerala on 22 October, 2024

This report filed by the Special Commissioner, Sabarimala, is one filed pursuant to the directions contained in paragraph 19 of the order of this Court dated 17.01.2024 in DBP No.126 of 2023 and SSCR No.39 of 2023, regarding the stay of media persons without any accreditation at Sabarimala Sannidhanam. Paragraph 19 of that order reads thus;

"19. In the order dated 21.12.2023, this Court noticed the submission made by the learned Standing Counsel for the Travancore Devaswom Board that the additional 8th respondent in DBP No.126 of 2023 is not a media person with accreditation, who can be permitted to stay at the accommodation facility provided to media persons at Sannidhanam. In the affidavit filed in support of I.A.No.2 of 2023 in DBP No.126 of 2023, the additional 8 th respondent has stated that he is not a media person having accreditation. He has placed on record Ext.R8(i) Press Identity Card to show that he is a reporter of Kerala Kaumudi daily. In paragraph 2 of that affidavit, he has stated that out of 35 media persons staying at Sabarimala as on 22.12.2023, only 4 persons have accreditation. Therefore, 31 media persons without accreditation, as per the details furnished in paragraph 2, are staying at Sabarimala. It is for the Special Commissioner, Sabarimala to file a report on the above aspect, seeking appropriate directions from this Court."

2. On 01.07.2024, when this matter came up for consideration, the learned Senior Government Pleader and the SSCR NO.19 OF 2024 4 2024:KER:78570 learned Standing Counsel for Travancore Devaswom Board sought time to get instructions, with specific reference to Annexure 1 report dated 21.06.2024 of the 6 th respondent Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board.

3. On 11.07.2024, the learned Standing Counsel for Travancore Devaswom Board submitted that the report of the Chief Vigilance and Security Officer dated 21.06.2024, has already been placed before the Board for its consideration, and the Board has constituted an expert committee to consider that report and make suggestions. The report of the expert committee is awaited.

4. On 30.08.2024, the learned Senior Government Pleader submitted that, a report dated 29.08.2024 of the additional 7th respondent Chief Police Coordinator, [Additional Director General of Police (Law and order)], Sabarimala is being filed.

5. On 12.09.2024, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader sought time to get instructions about the occupants of the rooms referred to in the list, which is available at pages 13 to 17 of this SSCR.

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6. On 03.10.2024, the learned Standing Counsel for the Travancore Devaswom Board sought further time to get instructions in terms of the direction contained in the order dated 12.09.2024. The learned Standing Counsel has made available for the perusal of this Court, a copy of the Board order dated 11.09.2024, who sought time to place on record the same along with an affidavit sworn to by the Secretary of the Board.

7. On behalf of the 3rd respondent Travancore Devaswom Board, an affidavit dated 09.10.2024 is placed on record, producing therewith Annexure R3(a) Board order dated 11.09.2024 laying down guidelines regarding the stay of media persons at Sabarimala Sannidhanam, which is one issued after considering the report of the 6th respondent Chief Vigilance and Security Officer. The learned Senior Government Pleader sought time to get instructions on Annexure R3(a) Board order dated 11.09.2024.

8. Heard the learned Senior Government Pleader for respondents 1, 2 and additional 7th respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 6.

9. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the SSCR NO.19 OF 2024 6 2024:KER:78570 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. 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. As per Section 31 of the Act, 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.

10. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, SSCR NO.19 OF 2024 7 2024:KER:78570 Pathanamthitta Taluk. In view of the provisions under Section 15A(iv) of the Act, the Board is duty-bound to establish and maintain proper facilities for the devotees in Sabarimala. In view of the provisions under Section 31 of the Act, the Board is duty bound to make proper arrangements for the conduct of daily worship and ceremonies and of the festivals in Sabarimala, according to its usage.

11. Sabarimala is situated in a difficult forest terrain prone to natural disasters. 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 : 2022 SCC OnLine Ker 2185]. 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.

12. DBP No.55 of 2018 was registered suo motu, based on the order of this Court dated 11.06.2018 in DBA No.13 of 2016, for dealing with certain aspects relating to the lands leased out to Travancore Devaswom Board based on various Government orders, for providing amenities to the pilgrims, and for demarcating the said lands after conducting a joint survey. In that DBP, this Court passed a detailed order dated 11.04.2022. SSCR NO.19 OF 2024 8 2024:KER:78570

13. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that Sabarimala Temple was originally having 13 Acres of traditional land. In the year 1965, vide G.O. (Ms.)No.19/65/Agri dated 11.01.1965, an extent of 50 Acres of land was leased out to Travancore Devaswom Board for a period of 99 years, for providing amenities to the pilgrims, and a lease deed dated 12.09.1967 (Annexure A3 in Report No.23 in DBP 55 of 2018) was executed between the Board and the Governor of Kerala. As per Clause (iii) of the terms and conditions in the lease deed, the Board shall use the leasehold only for providing necessary amenities to the pilgrims visiting Sabarimala Temple and for no other purpose. The amenities to the pilgrims shall include facilities like camping, picnicking, resting, bathing, sanitary arrangements. As per Clause (iv), the Board shall have no claim or control over any tree-growth or forest produce, including wildlife available on the leasehold and the same will be the exclusive property of the Government and controlled by the Wildlife Wing of the Forest Department.

14. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that as per Clause (v) of the terms and conditions in the lease deed, Travancore Devaswom Board or its agents and employees shall not fell or remove any tree growth SSCR NO.19 OF 2024 9 2024:KER:78570 from the leasehold except those on such of the sites as are required by the Board for implementing their developmental programmes for providing more amenities to the pilgrims visiting Sabarimala Temple. As per Clause (vi), if any site or area within the leasehold is required for the construction of buildings, tenements, sheds or for sanitary arrangements, the tree growth on such site or area may be removed by the Board at their cost, with the previous permission of the Forest Department. Before felling the trees, the Board shall pay to the Wildlife Wing of the Forest Department the value of the tree growth calculated at the then prevailing seigniorage rates. As per Clause (xii), the lease right sanctioned to the Board shall confer on it only the right to make use of the area from which forest growth is cleared after payment, as and when required, within the area sanctioned.

15. 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- SSCR NO.19 OF 2024 10 2024:KER:78570 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.

16. The Government, vide notification, 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).

17. For providing amenities to the pilgrims, the Board constructed Pilgrim Centres at Sabarimala Sannidhanam, collecting donations from the devotees of Lord Ayyappa. In respect of each donor rooms, individual agreements have been entered into between the Travancore Devaswom Board, represented by Devaswom Commissioner, and the respective donors, which enable the donors to avail free stay for five days in the respective donor rooms (2 days during Mandalam season, 2 days during Makaravilakku season and 1 day during Vishu festival). In addition to that, the donors can stay in their SSCR NO.19 OF 2024 11 2024:KER:78570 respective donor rooms for ten days in a year, on payment of the prescribed amount. For availing this facility, the respective donors will have to inform the 6th respondent Executive Officer, Sabarimala, either by e-mail or through post, two weeks' in advance, based on which the respective donor rooms will be allotted to them for occupation on those days. The occupation of the donors in their respective donor rooms is only a permissive occupation and the key of the donor rooms will be with the concerned Assistant Engineer in the Maramath Wing of the Board. For the remaining days, during Maasapoojas and Mandala- Makaravilakku festival seasons, the donor rooms will be allotted to the pilgrims, through online booking facility provided by the Board in the website 'www.onlinetdb.com'. Those rooms in respect of which there is no online booking facility will be allotted to the pilgrims on first come first served basis.

18. In terms of the directions issued by this Court, the Travancore Devaswom Board has already commenced 'Donor Verification Process', the details of which are provided in the Virtual-Q platform. In addition to that, individual communications have been issued to the respective donors, who are required to submit the donor verification form. In the order dated 12.09.2024 in SSCR No.26 of 2024, this Court has made it clear that the SSCR NO.19 OF 2024 12 2024:KER:78570 respective donors of donor rooms in Sabarimala Sannidhanam have to complete the 'Donor Verification Process' before the commencement of the Mandala-Makaravilakku festival season of 1200ME (2024-25), for availing donor room facility during the festival season.

19. The number of footfall at Sabarimala Sannidhanam during Mandala-Makaravilakku festival season of 1199 ME (2023-

24) was more than 1,00,000 per day, which had gone up to 1,15,000 per day, as per the records. There is acute shortage of accommodation for pilgrims at Sabarimala Sannidhanam. Travancore Devaswom Board is not in a position to have further constructions at Sabarimala Sannidhanam, since the Temple is situated within Periyar Tiger Reserve. Moreover, as per the Master Plan for Sabarimala, which is being implemented under the supervision of the High Power Committee for Implementation of Sabarimala Master Plan, the number of concrete structures in Sabarimala has to be reduced. Therefore, the available accommodation at Sabarimala has to be utilised to the maximum extent, during Maasapoojas and Manadala-Makaravilakku festival seasons. It is in such circumstances, this Court issued various directions regarding donor rooms in the order dated 12.09.2024 in SSCR No.26 of 2024. Due to acute shortage of accommodation SSCR NO.19 OF 2024 13 2024:KER:78570 facilities at Sabarimala Sannidhanam, a large number of pilgrims, including children of tender age and senior citizens, are getting only the toilet facilities provided at Sannidhanam.

20. As stated in the report dated 29.08.2024 submitted by the 7th respondent Chief Police Coordinator, 20 rooms in Darshan Complex and Pranavam Complex at Sannidhanam are being allotted to media persons. The details of the rooms allotted during the year 2023 are mentioned in paragraph 4 of the said report. In the report it is stated that there is no proper system of guest registration at Darshan Complex and Pranavam Complex as there is no specific record for entering the details of the inmates who occupy the rooms. Enquiry reveals that, the keys of the rooms are not being returned to Devaswom authorities by majority of media persons, while they vacate the rooms. In short, the said rooms are in the custody of media persons throughout the year, even though it was allotted to them during Mandala-Makaravilakku festival season and Maasapoojas. Sabarimala, being a Special Security Zone, this practice of holding rooms/keys by the media persons during the period when the temple remains closed is improper and it may cause security threats to an extent, as the details of the inmates are not properly recorded. It is also reported that some media houses sent persons without SSCR NO.19 OF 2024 14 2024:KER:78570 accreditation to Sabarimala for reporting. In addition to that, accredited media houses/reporters are facing difficulties from unaccredited media persons, vloggers, etc. Paragraph 12 of the report dated 29.08.2024 of the 7th respondent Chief Police Coordinator reads thus;

"12. It is humbly submitted that the following facts may consider while allocating rooms to media persons at Sabarimala Sannidhanam;

a. The Devaswom Board authorities may take a policy decision as to whether the rooms may be allotted to the media houses on rent at Sannidhanam- permanently; or for Mandala Makaravilakku season and Masapooja days; or on the basis of specific requirement;

b. In view of the rent dues made by some media officials, it is desirable to make arrangements for collecting the rent in advance from the media houses directly; c. The Devaswom authorities shall ensure the check-out of rooms by the media persons as soon as their allotted period onthe basis of their requirement is over and shall ensure the receipt of room keys from them at the same time;

d. At the time of check out, the Devaswom authorities shall ensure that no belongings of the media persons are kept remaining in the rooms so that the said rooms can be allotted to other guests or devotees; and a spare key shall be maintained by the Devaswom authorities to operate the rooms in case of the allottees does not return the key in time;

e. The Devaswom authorities shall maintain a proper media personnel ingress/egress registration system at SSCR NO.19 OF 2024 15 2024:KER:78570 Pranavam Complex and Dharsan Complex to ensure the identity of media personnel staying in the complex. The check-in and check-out date and time, Name and Identity Card details shall be properly recorded at these complexes during their stay after the rooms were allotted from Devaswom office;

f. At the time of issuing order for allotting rooms for media persons, a clause for fixing the responsibility of damages caused if any, shall also be incorporated; g. No unauthorized persons or those other than specific media personnel detailed for media duty by the media houses for the specific period of media duty shall be allowed to occupy these rooms and it shall be ensured by the Devaswom Officer in Charge of the accommodation complexes through scheduled periodic inspections; h. The Devaswom authorities may consider the possibility of allotting beds to the media persons instead of rooms and the rent may be fixed on the basis of beds allotted so that multiple media persons can be accommodated in few rooms thereby limiting the number of rooms allotted to media and thereby saving the extra rooms which can be given to devotees;

i. Sabarimala being a Special Security Zone, it is desirable that only accredited media persons recognized by Public Relations Department are allowed to work at Sabarimala and they shall possess a Special Purpose Pass/Identity card with QR code issued for specific period by the District Collector Pathanamthitta for their stay and duty at Sabarimala Sannidhanam and it shall be verified and ensured by the Devaswom Authorities at the time of Check-in. The Special Purpose Pass /Identity Card so issued shall contain its validity period to prevent any SSCR NO.19 OF 2024 16 2024:KER:78570 unauthorized stay by those unauthorized media personnel or other civilians in such facility. The Devaswom/Police authorities shall be authorized ensure the same; j. The space to be allotted to the visual media personnel for media coverage may be earmarked in advance by the Devaswom authorities in consultation with District Collector Pathanamthitta and District Police Chief, Pathanamthitta; k. The possibility of implementing the system of auction in the critical locations like Sopanam for live telecasting of the Poojas may be considered and any media house receiving the contract shall be authorized to share the said video link to others on the basis of their own terms and conditions. The practice of existing media management in the mega temples like Thirumala Thirupati and Vaishnodevi Temple may also be explored by the Devaswom authorities. It is also desirable to consider the launching of a Channel exclusively for Sabarimala by the Travancore Devaswom Board authorities."

21. In the affidavit dated 09.10.2024 filed on behalf of the 3rd respondent Travancore Devaswom Board it is stated that the Board has considered the report of the Special Commissioner, Sabarimala and the report of the 6 th respondent Chief Vigilance and Security Officer in respect of framing of guidelines for accreditation and stay of media persons deputed by the media houses for reporting at Sabarimala. The 5th respondent Executive Officer, Sabarimala, was directed to report the details of the rooms occupied by media persons at Sabarimala Sannidhanam and the rent due from them, etc. The Chief Vigilance and Security SSCR NO.19 OF 2024 17 2024:KER:78570 Officer was asked to submit a report in respect of the guidelines to be framed for stay and accreditation of media persons. After considering an exhaustive report submitted by the Chief Vigilance and Security Officer and after due deliberation, the Board has issued the guidelines, as stated in paragraph 4 of the affidavit. Paragraph 4 of the affidavit dated 09.10.2024 filed on behalf of the 3rd respondent Board, which is one sworn to by its Secretary, reads thus;

"4. It is submitted that the Chief Vigilance and Security Officer, Travancore Devaswom Board has submitted an exhaustive report regarding guidelines to be adopted for the stay and accreditation of media persons at Sannidhanam. The Board considered the report of Chief Vigilance and Security Officer and after due deliberations issued the following guidelines;

(a) The persons deputed by the media for reporting at Sabarimala should be accredited media persons and they should carry their original accreditation document/ certificate/card with them.

(b) The respective medias sending their reporters to Sabarimala should submit a declaration form in the prescribed format to the Public Relations Officer, Travancore Devaswom Board 15 days prior to the opening of the temple along with a copy of the accreditation card of the person.

(The P.R.O. of Travancore Devaswom Board will communicate the above requirement to all media's.)

(c) The P.R.O will transmit the declaration form and SSCR NO.19 OF 2024 18 2024:KER:78570 documents received from the representatives of media to the Chief Vigilance and Security Officer, Travancore Devaswom Board, one week prior to the opening of the temple.

(d) The Chief Vigilance and Security Officer, Travancore Devaswom Board will cross check the credentials of the media persons with the records submitted vide clause (b) above.

(e) An officer in the cadre of Sub Group Officer will be engaged as caretaker in the building, where rooms are allotted to media persons, on the opening day of temple, to see that no persons other than the persons deputed by the respective media are staying in the rooms allotted.

(f) The Executive Officer, Sabarimala is directed to instruct the Special Officer, Accommodation to keep a register containing the details of the rooms allotted to each media and the persons occupying the respective rooms. True copy of the proceedings of the Travancore Devaswom Board, ROC.118/2020/Sab dated 11.09.2024 is produced herewith and marked as Annexure-R3(a)."

22. As already noticed hereinbefore, Sabarimala and its vicinity are declared as 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, in terms of the notification issued by the State Government. As stated in the report dated 29.08.2024 of the Chief Police Coordinator, Sabarimala, the practice of holding the rooms/keys in Darshan Complex and Pranavam Complex at Sannidhanam when the temple remains closed is improper, which SSCR NO.19 OF 2024 19 2024:KER:78570 may cause security threats, as the details of the occupants are not recorded. In addition to that, accredited media houses/reporters are facing difficulties from unaccredited media persons, vloggers and bloggers.

23. As already noticed hereinbefore, the number of footfall at Sabarimala Sannidhanam during Mandala-Makaravilakku festival season of 1199 ME (2023-24) was more than 1,00,000 per day, which had gone up to 1,15,000 per day, as per the records. There is acute shortage of accommodation for pilgrims at Sabarimala Sannidhanam. Therefore, the available accommodation at Sabarimala has to be utilised to the maximum extent, during Maasapoojas and Manadala-Makaravilakku festival seasons. Due to acute shortage of accommodation facilities at Sabarimala Sannidhanam, a large number of pilgrims, including children of tender age and senior citizens, are getting only the toilet facilities provided at Sannidhanam.

In such circumstances, this SSCR is disposed of by directing the 3rd respondent Travancore Devaswom Board to follow the guidelines contained in Annexure R3(a) Board order dated 11.09.2024, which is extracted in paragraph 4 of the affidavit dated 09.10.2024 sworn to by the Secretary of the Board, in letter and spirit, during Mandala-Makaravilakku festival season of SSCR NO.19 OF 2024 20 2024:KER:78570 1200ME (2024-25) onwards and during Maasapoojas.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE MIN SSCR NO.19 OF 2024 21 2024:KER:78570 APPENDIX OF SSCR 19/2024 PETITIONER ANNEXURES ANNEXURE 1 REPORT DATED 21/06/2024 SUBMITTED BY SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY OFFICE, THIRUVANANTHAPURAM ANNEXURE 2 ORDER DATED 17/01/2024 IN DBP 126/2023 AND SSCR 39/2023 ANNEXURE R3(a) TRUE COPY OF THE PROCEEDINGS OF THE TRAVANCORE DEVASWOM BOARD, ROC.118/2020/SAB DATED 11.09.2024.

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