Suo Motu vs State Of Kerala on 12 November, 2024

[Cites 10, Cited by 0]

Kerala High Court

Suo Motu vs State Of Kerala on 12 November, 2024

This report 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, is regarding crowd management and other aspects at Sabarimala in connection with Mandala- Makaravilakku festival season of 1200ME (2024-25).

2. Along with the report, the Special Commissioner has enclosed a report dated 09.11.2024 of the 14th respondent Chief Police Co-ordinator, [Additional Director General of Police (Police Headquarters)], Sabarimala, regarding Police Bandobast Scheme arrangements at Sabarimala, Pamba, Nilakkal and also at the Edathavalams at Pathanamthitta, Kottayam, Alappuzha and Idukki Districts in connection with Mandala-Makaravilakku festival season of 1200ME (2024-25); a report dated 09.11.2024 of the Chief Police Co- ordinator regarding crowd holding capacity and vehicle holding capacity at various locations; a report dated 08.11.2024 of the 4 th respondent District Collector regarding the arrangements made by the Revenue Department; a report dated nil of the 6 th respondent Deputy Director, Periyar West Division regarding the arrangements made by the Forest and Wildlife Department; a report dated 07.11.2024 of the 10 th SSCR No.79 OF 2024 -2- respondent Deputy Excise Commissioner, Pathanamthitta regarding the arrangements made by the Excise Department; reports of the Executive Engineer, Kerala Water Authority, the Executive Engineer, Sabarimala Development Project, the Executive Officer, Sabarimala, the Administrative Officer, Pamba, the Administrative Officer, Nilakkal and the concerned Engineer in the Electrical Wing of Travancore Devaswom Board.

3. The learned Senior Government Pleader has made available for the perusal of this Court, in a sealed cover, the Police Bandobast Scheme in connection with Mandala-Makaravilakku festival season of 1200ME (2024-25). We have perused the same and returned it to the learned Senior Government Pleader, in a sealed cover.

4. Heard the arguments of the learned Senior Government Pleader for the State and the official respondents, the learned Standing Counsel for Travancore Devaswom Board for the Board and its officials, the learned Standing Counsel for Kerala State Road Transport Corporation, the learned Standing Counsel for Kerala Water Authority and the learned Amicus Curiae for Special Commissioner, Sabarimala.

5. 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 SSCR No.79 OF 2024 -3- 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.

6. 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.

7. 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 SSCR No.79 OF 2024 -4- 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.

8. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the 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.

9. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Sabarimala is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of the Western Ghats to have darshan of Lord Ayyappa. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, SSCR No.79 OF 2024 -5- dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve. Sabarimala is declared a Special Security Zone. The management of the 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/KER/20733 : 2022 (7) KHC SN 5 : 2022 SCC OnLine Ker 2185]. The directions contained in paragraph 85 of the said order in DBP.No.13 of 2021 and connected cases read thus;

"85. After detailed consideration of the pleadings and materials on record and also the submissions made by the learned counsel on both sides, our conclusions are as follows;

(i) In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act, 1950 the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and its properties and funds shall vest in the Travancore Devaswom Board. The Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed properly;

and to establish and maintain proper facilities in Sabarimala for the devotees. 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 daily worship and ceremonies and festivals in Sabarimala according to the usage.

(ii) In view of the provisions under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 in the case of a place of public worship situated in any area to SSCR No.79 OF 2024 -6- which Part I of the Travancore-Cochin Hindu Religious Institutions Act extends, the Travancore Devaswom Board is the competent authority under sub-section (1) of Section 4 of the said Act. Since Sabarimala is a place of public worship situated in an area to which Part I of the said Act extends, the competent authority to make regulations for the maintenance of order and decorum and the due observance of the religious rites and ceremonies performed in Sabarimala is the Travancore Devaswom Board and not the State Government.

(iii) Unlike other temples in Kerala, the Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas, since Sabarimala is situated in a difficult forest terrain prone to natural disasters. 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. The 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 of India.

(iv) Virtual-Q system was introduced at Sabarimala for the first time in the year 2011, when there occurred a stampede at Pulmedu near Sabarimala, on 14.01.2011, which took the life of 52 pilgrims. A regulated entry with details of pilgrims is imperative for crowd management at Sabarimala, when restrictions have been imposed on the number of pilgrims SSCR No.79 OF 2024 -7- permitted to have darshan per day. 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 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. Any access to the database in Vitrual-Q platform by the Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or untoward incidents, 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.

(v) Though the stand taken by the 2nd respondent State and the 3rd respondent State Police Chief is that, Sabarimala Pilgrim Management System (SPMS) is in the combined ownership of the Kerala Police and the Travancore Devaswom Board, the specific stand taken by the Travancore Devaswom Board is that, Virtual-Q system for Sabarimala darshan introduced in the year 2011 is a project of Kerala Police, which is looking after crowd management in Sabarimala, and the Board does not have ownership or control over Virtual-Q system. The Kerala Police cannot own the domain name sabarimalaonline.org or display any advertisements on that web portal and earn revenue. That web portal should be owned and managed by the Travancore Devaswom Board. Similarly, the State Government has absolutely no authority to accord sanction to the Kerala Police to accept advertisements in Virtual-Q system, to meet the expenditure towards its maintenance. As in the case of other temples like Guruvayur, Virtual-Q system for Sabarimala darshan SSCR No.79 OF 2024 -8- should be owned and managed by the Travancore Devaswom Board. Therefore, the Travancore Devaswom Board is directed to take over Virtual-Q system for Sabarimala darshan, presently owned and managed by the Kerala Police, with the technical support of the 5th respondent the Tata Consultancy Services Ltd. Once Virtual-Q system is taken over by the Travancore Devaswom Board, Tata Consultancy Services Ltd. shall render necessary technical support to the Travancore Devaswom Board. The Travancore Devaswom Board, the State Police Chief and the Tata Consultancy Services Ltd. are directed to take necessary steps in this regard, after completing the technical formalities and complying with the statutory requirements, and the entire exercise in this regard shall be completed, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order.

(vi) In view of the provisions under Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 the body corporate or any person who on behalf of body corporate collects, receives, possess, stores, deals or handle information of provider of information, shall provide a privacy policy for handling of or dealing in personal information including sensitive personal data or information and ensure that the same are available for view by such providers of information who has provided such information under lawful contract. Such policy shall be published on website of body corporate or any person on its behalf and shall provide for the matters enumerated in clauses (i) to (v) of sub-rule (1) of Rule 4 of the said Rules. Since Virtual-Q system for Sabarimala darshan is ordered to be taken over by the Travancore Devaswom Board, the Travancore Devaswom Board is SSCR No.79 OF 2024 -9- directed to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, once the ownership and management of Virtual-Q system is transferred to the Board.

(vii) During Covid-19 pandemic, the State Disaster Management Authority will have the power to impose restrictions regarding entry of pilgrims to Sabarimala, by prescribing the number of devotees permitted to have darshan per day. Any such restriction imposed by the State Disaster Management Authority has to be complied with by the Travancore Devaswom Board. Once such restrictions are lifted, it would be open to the Travancore Devaswom Board to take an appropriate decision as to whether Virtual-Q system has to be made optional, by permitting the pilgrims to opt for the conventional queue system without online booking."

10. In Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5] 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. 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 SSCR No.79 OF 2024 -10- 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. Any access to the database in the Virtual-Q platform by Kerala Police, for crowd control SSCR No.79 OF 2024 -11- 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.

11. In Sajeev Sastharam v. State of Kerala [2022/KER/ 64654 : 2022 (7) KHC 295] 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.

12. When the average footfall at Sabarimala reaches 80,000- 90,000 pilgrims per day, 70 to 80 pilgrims will have to move through 'Pathinettampadi' (holy 18 steps) and through each barricade 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.

13. In Sajeev Sastharam [2022 (7) KHC 295] this Court directed the Guards engaged by the Travancore Devaswom Board and also the Police Officers on duty at Sopanam to regulate the movement SSCR No.79 OF 2024 -12- of pilgrims through the barricades, in an appropriate manner, causing least inconvenience to the pilgrims. To facilitate better crowd management, the third row was ordered to be maintained as 'buffer zone' and the Police Officers were directed to stand on either side of the third row for crowd management. The Police Special Officer at Sannidhanam, who is in the rank of Deputy Superintendent of Police, was directed to keep a constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims.

14. In Suo Motu v. State of Kerala and others [2023 (4) KHC SN 11] - order dated 20.01.2023 in SSCR 23 of 2022 and DBP No.70 of 2022 - this Court issued various directions regarding (i) Police Bandobust Scheme for Mandala-Makaravilakku festival season [Para.15.4], (ii) Facilities by the Forest Department in the traditional trekking path [Para.16.5], (iii) Fixation price of food items in the eateries [Para.19.1], (iv) Annadhanam at Sabarimala, Pamba and Nilakkal [Para.20.2], (v) Crowd Management at Pamba and Sannidhanam [Para.22.5], (vi) Crowd and vehicle management at Nilakkal [Para.23.1], (vii) KSRTC buses for Sabarimala Pilgrims and Nilakkal-Pamba Chain Service [Para.25.6], (viii) Entry of Vehicles from Nilakkal and parking of vehicles at Pamba [Para.28.4]. By the order dated 20.01.2023, SSCR 23 of 2022 and DBP No.70 of 2022 were disposed of by directing that the directions contained therein are SSCR No.79 OF 2024 -13- complied with, in letter and spirit, by all concerned, during Mandala- Makaravilakku festival seasons. It is for the respondents herein to comply with, in letter and spirit, the general directions contained in the order of this Court dated 20.01.2023, during the Mandala- Makaravilakku festival season of 1200ME (2024-25), in order to ensure that the pilgrims have a safe and comfortable pilgrimage during the festival season.

15. The learned Senior Government Pleader and the respective Standing Counsel for Travancore Devaswom Board, KSRTC and KWA seek time to get instructions.

List this matter for further consideration on 14.11.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

                                            MURALEE KRISHNA S., JUDGE
       Scl/




12-11-2024                      /True Copy/                                Assistant Registrar

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