Kerala High Court
Adv. A.K Maya Krishnan vs The State Of Kerala Represented By Its ... on 29 October, 2018
Author: Devan Ramachandran
Bench: P.R.Ramachandra Menon, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 29TH DAY OF OCTOBER 2018 / 7TH KARTHIKA, 1940
WP(C).No. 34600 of 2018
PETITIONERS:
1 ADV. A.K MAYA KRISHNAN, AGED 37 YEARS
D/O LATE KRISHNAN, KOYIPPARAMBIL HOUSE,
ULAVAIPU.P.O, POOCHACKAL, CHERTHALA,
ERNAKULAM-688526
2 ADV.REKHA.S., AGED 45 YEARS, D/O.RUDRAN VASU PILLAI,
GAYATHRI, LBS ROAD, THIRUVANKULAM, ERNAKULAM-682305.
3 JALAJAMOL.P.S, AGED 35 YEARS, D/O.P.K.SASIDHARAN,
KEZHILLAM, PERUMBAVOOR.P.O, ERNAKULAM-683541.
4 JAYAMOL.P.S., AGED 28 YEARS, D/O.P.K.SASIDHARAN,
KEEZHILLAM, PERUMBAVOOR.P.O., ERNAKULAM-683541.
BY ADVS.SRI.C.V.MANUVILSAN
SHRI.SHANIL P.C.
SMT.K.VIDYA
SMT.SREELEKSHMI SANALKUMAR
SRI.VINODE V. LUKA
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF
SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001.
2 SECRETARY TO GOVERMENT, DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
(NAME AND ADDRESS CORRECTED).
UNION OF INDIA REPRESENTED BY SECRETARY TO
MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
CHANAKYA PURI, NEW DELHI - 110 001.
Corrcted as per order dated 24.10.2018 in IA 1/2018
WPC 34600/18 2
3 THE STATE POLICE CHIEF/DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM-695001.
4 THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645.
5 THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689645.
6 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
PRESENT PRESIDENT, SHRI.A.PADMAKUMAR, NANTHANCODU,
KOWDIAR POST, THIRUVANANTHAPURA-695003.
7 TRAVANCORE DEVASWOM BOARD COMMISSIONER
SHRI.N.VASU, NANTHANCODU, KOWDIAR P.O,
THIRUVANANTHAPURA-695003.
8 INDIAN NATIONAL CONGRESS REPRESENTED BY ITS
PRESIDENT, 24, AKBAR ROAD, NEW DELHI-110011.
9 BHARATIYAJANATA PARTY REPRESENTED BY ITS PRESIDENT,
CENTRAL OFFICE, 6A, PANDIT DEEN DAYAL UPADHYAYAMARG,
NEW DELHI-110002, [email protected].
10 SHRI.MULLAPALLY RAMACHANDRAN, PRESIDENT KPCC,
INDIRA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM,
KERALA-695010.
11 SHRI.P.S.SREEDHARANAN PILLAI, ADVOCATE, STATE
PRESIDENT, BHARATIYAJANATA PARTY (KERALA STATE
COMMITTEE), BJP STATE OFFICE (KRISHNANJALI),
NEAR LAW COLLEGE JN. KUNNUKUZHI P.O.,
THIRUVANANTHAPURAM 695037.
12 SHRI.RAMESH CHENNITHALA, OPPOSITION LEADER,
KERALA LEGISLATIVE ASSEMBLY, MLA HARIPAD, SARGAM,
EVRA 226, KRISHNAVILASOM ROAD, VAZHUTHACAUD,
TRIVANDRUM-695014, 'NAUFAL COTTAGE',
NEAR EZHIKAKATH JUNCTION, HARIPAD-690514.
13 PANDALAM PALACE NIRVAHAKA SANGAM REPRESENTED BY
ITS SECRETARY, SHRI.P.N.NARAYANA VARMA, SRAMBICAL
PALACE, PANDALAM P.O., 689501, PH.9496279842.
14 SABARIMALA TANTRI SHRI.TANTRI KANDARARU REJEEVARU
SANNIDHANAM SHABHARIMALA-689713.
BY ADV.SRI.B.PRAMOD
BY ADV.SRI.S.RAJMOHAN, SC, TDB
WPC 34600/18 3
BY ADV.SRI.K.V.SOHAN, STATE ATTORNEY
SRI.R.RAJMOHAN, SRI.N.REGHURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Devan Ramachandran, J.
This writ petition, with seemingly multifarious reliefs, has been filed by four individuals, who primarily seek directions to be issued to the concerned police authorities to afford them protection to obtain darshan at the Holy Sabarimala Shrine.
2. According to the petitioners, the police authorities are bound to give protection for them so as to facilitate their darshan at Sabarimala, particularly on account of the declaration of law by the Hon'ble Supreme Court in Indian Young Lawyers' Association v. State of Kerala (2018 (4) KLT 373). They allege that they fear for their lives in going to the Sabarimala Temple for darshan on account of certain events that happened during the last few days and they assert that unless they are afforded with continuous protection for climbing the Sabarimala Hills to finally have darshan, it would not be possible for them to do so.
3. On the afore broad allegations they have sought for the following reliefs:
WPC 34600/18 4
"1. Direct Respondent Numbers 1 & 3-5 to grant sufficient police protection for the petitioners to pray at Shabarimala temple, preventing respondents 8 to 14 from interfering with the right of the petitioner to pray at Shabarimala temple.
2. Declare that in view of EXHIBIT P1 issued by the Central Government, the State has a duty under Article 355 of the Constitution of India to frame necessary Orders and direct by way of issuing a Writ of Mandamus directing the Respondents Nos.1 & 2-5 to take all necessary steps to maintain the Law and Order in accordance with the spirit of Articles 141 and 144 of the Constitution of India.
3. Direct Respondents 1 & 3 to 5 to initiate necessary legal action against respondents 8 to 14 and prevent them from indulging in unconstitutional and illegal acts f preventing women of age of 10 to 50 from entering Shabarimala Temple.
4. Direct respondents 1 & 3-5 to initiate necessary criminal action against respondents 8 to 14 from carrying out the illegal act of promoting enmity between different groups of citizens on grounds of religion causing disharmony and feeling of enmity and ill-will under Sections 153A and 295A of the Indian Penal Code.
5. Declare that the act of respondents 8 to 14 of publicly declaring and instigating others to prevent the women of age group 10 to 50 from entering Shabarimala Temple is a deliberate and malicious act intended to outrage religious feelings of such women and respondents 1 to 5 are duty bound to register cases against them under Sections 153A, 295A and other relevant penal provisions.
6. Direct the 6th respondent to initiate necessary legal action against respondent number 14 and other priests who conducted protest dharna inside the temple to prevent the women of age group 10 to 50 entering the temple in exercise of their fundamental right.
7. Direct the 6th respondent Devaswom Board to take necessary steps to prevent the Tandris, Priests, Pandalam Raja family members and Vavarswamy Shrine Authorities from separately collecting any money from pilgrims and declare that all donations collected by them from any other place in the name of Shabarimala Ayyappa Deity are liable to be accounted to Devaswom Board.
8. Pass such any other writ, order, direction or relief as this Hon'ble Court may deem fit in the interest of justice."
4. Going by the prayers made by the petitioners, it becomes obvious that some of them are totally unconnected with each other, thus WPC 34600/18 5 leading to the suspicion of multifariousness. The other prayers show their apparent deficit of trust in the official mechanism, including the State, to afford them protection.
5. It does not require much expatiation for this Court to affirm that the State and the police machinery are enjoined in law and by the relevant Statutes to protect and save the lives of every citizen, whoever it be. When a citizen has an apprehension that his/her life is in danger or that he/she requires the protection of the police, he/she can certainly approach the competent authorities concerned and seek appropriate reliefs.
6. However, that said, the pertinent question is at what stage can they approach this Court seeking the issuance of a writ of mandamus for police protection.
7. When this matter was considered by this Court on 24.10.2018, we had asked the learned State Attorney, who appeared for the official respondents, as to the preparedness of the State in these matters and as to their specific stand with respect to the various averments in the writ petition.
8. Sri.K.V.Sohan, the learned State Attorney, today submits with full authority that the State is ready to afford protection to every 'genuine devotee' and that if they approach the competent authorities seeking protection, they would do everything possible within their WPC 34600/18 6 means to accede to such requests. He says that he has used the word 'genuine devotee' very carefully since the endeavour of the State will be to offer such protection to those who come to the Temple with a genuine desire of obtaining darshan of the Deity but not intermeddlers or persons with confutative motives. He says that since the petitioners have now voiced an apprehension that they may not be allowed to climb the Holy Sabarimala Hills to obtain darshan at the Temple, they will have to first approach the competent police authorities with such a specific request and that in the event of such request being made by any devotee, they would do their best in making available sufficient and adequate protection.
9. When the afore submissions were made by the learned State Attorney, we asked Sri.M.V.Manuvilsan, the learned counsel appearing for the petitioners, as to what exactly the petitioners require in this writ petition and we made this question because we are slightly confused by the prayers made in this writ petition. The learned counsel submits that the proximate cause for the petitioners in approaching this Court through this writ petition is that they feel unsafe to go to Sabarimala in the present circumstances and that therefore, they require the police to assure them that protection will be given to them even before they start to climb from Pamba. The learned counsel for the petitioners relies on Exhibit P1 communication, allegedly received by the Government of WPC 34600/18 7 Kerala from the Government of India, that the State should provide protection for devotees to have darshan at Sabarimala. We have no doubt that the learned counsel stands on terra firma, since Exhibit P1 makes it clear that the Government of India is concerned about law and order at Sabarimala and that they have left it to the Government of Kerala to issue appropriate orders, in the manner they find suitable, to ensure that the Sabarimala Hills and the Shrine are adequately protected, as also that the devotees obtain all imperative facilities for a peaceful and tranquil darshan behooving the sanctity of the Temple.
10. That said, as we have already recorded above, the specific stand of the Government of Kerala, as voiced through the learned State Attorney, is that they will offer protection to all the 'genuine devotees' and that the Holy shrine will be protected in every possible manner, as is warranted in law. When such an undertaking is given by no less a person than the learned State Attorney, we fail to understand why the petitioners should still voice an apprehension that they would not be able to go to Sabarimala if protection is not ordered before hand by this Court.
11. This is more so since it is now settled law that, while a petitioner invokes the jurisdiction of this Court under Article 226 of the Constitution of India, either for the issuance of a writ of mandamus or for any other writ of similar nature, he/she will have to first show that WPC 34600/18 8 there has been dereliction or failure of duty by the concerned authorities. In this case, not only have the petitioners not shown that there is any such failure, but they have approached this Court voicing a premature apprehension that if they make the choice of going to Sabarimala, they would have to face deleterious consequences and that the police may not give them protection. This is clearly a hypothetical apprehension based on conjunctures and speculations and not on any factual basis and going by the tenor of the submissions made by the learned State Attorney, we see no reason to grant any of the reliefs as have been sought for by the petitioners with respect to police protection. We are sure that the State will do their best to ensure that the season goes on smoothly without any untoward incident.
12. Once we hold so, the question is whether it requires us to look into the other prayers, namely prayers 2 to 6 in the writ petition.
13. Quad hoc prayer No.2, the petitioners seek that the Government of Kerala be directed to issue necessary orders to respondents 2 to 5 to take steps to maintain law and order at Sabarimala. We do not deem it necessary to consider this prayer for the same reasons afore, since the learned State Attorney undertakes that the State has done everything possible to ensure maintenance of law and order at Sabarimala and in the vicinity.
WPC 34600/18 9
14. As regards relief Nos.3 to 5 are concerned, the allegations impelled are against respondents 8 to 14, who, the petitioners say, are festering enimity between different groups of citizens by preventing certain women from entering the Sabarimala Temple and that they pray that respondents 1 and 3 to 5 be directed to take action against them under the provisions of the Indian Penal Code. We note that these allegations are edificed on the factual assertions in paragraph 11 of the writ petition, wherein they allege that these respondents have 'openly declared their stand against the judgment of the Supreme Court' ( sic) and that 'their spoke-persons provoke the mass via Visual Media and other Social Media in an undemocratic manner' ( sic). These statements made by the petitioners have not been, in any manner, attempted to be justified or substantiated by them through cogent or reliable materials and therefore, it becomes ineluctable that this is only an opinion gathered by the petitioners from the perspective of certain events that happened in the past. We cannot, therefore, grant reliefs on such unsubstantiated averments and if the petitioners so desire, they will have to move the competent authorities at the first instance, before approaching this Court.
15. It is no different in the case of prayer Nos.6 and 7, where again, the petitioners allege that the fourteenth respondent is preventing certain women from exercising their religious rights and that WPC 34600/18 10 he, along with the 'Priests, Pandalam Raja family members and Vavarswamy Shrine Authorities' (sic), are collecting money from people without authority. These prayers are compltely unconnected to the primary prayer made by the petitioners and in any event, have been sought solely on personal perception and opinion and are not based on any established foundational factual circumstances.
In the afore circumstances and in the above perspective, it becomes not necessary for this Court to issue any of the orders, as has been prayed for by the petitioners. Accordingly, this writ petition is dismissed, recording the undertaking given by the learned State Attorney that all necessary and requisite steps and action will be taken and enforced to maintain law and order in the Holy Sabarimala Shrine and in its vicinity and that every 'genuine devotee' (as stated by him) will be offered all necessary assistance by the police to ensure that they get darshan with dignity and sanctity, as is required of a Temple of this great stature.
Sd/-
P.R.Ramachandra Menon, Judge Sd/-
Devan Ramachandran, Judge tkv WPC 34600/18 11 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMMUNICATION VIDE NO.11034/01/2018.IS.IV TO ALL THE CHIEF SECRETARIES OF KERALA,TAMILNADU AND KARNATAKA AND DIRECTOR GENERALS OF POLICE OF KERALA, TAMILNADU AND KARNATAKA.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS TO THE
RESPONDENTS NO.1-4 BY SEEKING POLICE
PROTECTION TO THEM FOR A SAFE PILGRIMAGE
DURING THE NEXT OPENING OF SABARIMALA.
/TRUE COPY/
P.S. TO JUDGE