Kerala High Court
The Final Report (S.M.No.5/2017) Dated ... vs Sunil Kumar on 13 March, 2017
Bench: Thottathil B.Radhakrishnan, Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR.THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 13TH DAY OF MARCH 2017/22ND PHALGUNA, 1938
SSCR.No. 7 of 2017 ()
----------------------
(IN THE MATTER OF TDB - SABARIMALA - SM REPORT 5/2017 - SUBMITTED BY
SPECIAL COMMISSIONER, SABARIMALA - FINAL REPORT OF MANDALA
MAKARAVILAKKU FESTIVAL OF 1192 M.E. - SUO MOTU PROCEEDINGS REG.)
PARTIES:
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1. TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY.
2. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY.
3. DEPUTY DIRECTOR,
LOCAL FUND AUDIT, TDB.
PARTY NO.1 BY SRI.V.KRISHNA MENON, SC,
TRAVANCORE DEVASWOM BOARD
PARTY NO.2 & 3 BY SRI.T.K.ANANDAKRISHNAN,
SR.GOVERNMENT PLEADER
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING BEEN
FINALLY HEARD ON 28.02.2017, THE COURT ON 13.03.2017 PASSED THE
FOLLOWING:
jg-16/3
Thottathil B.Radhakrishnan, Ag.C.J.
&
Anu Sivaraman, J.
= = = = = = = = = = = = = = = = = = = = = = = = SSCR.No.7 of 2017 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of March, 2017 Order Thottathil B.Radhakrishnan, Ag.C.J .
1.The Final Report (S.M.No.5/2017) dated 20.2.2017 submitted by Shri M.Manoj, Special Commissioner, Sabarimala in relation to the Mandala- Makaravilakku festival of 1192 M.E. is perused by us and shall stand appended to this order. We affirm the views expressed by the Special Commissioner and direct the State Government, Central Government, Travancore Devaswom Board, hereinafter referred to as the 'Board' and all other authorities to take all requisite steps to implement the suggestions and recommendations contained therein as also to maintain the standards achieved and strive to achieve the SSCR7/17 -: 2 :- benchmarks where deficiencies are perceived and noted. We are confident that all authorities concerned will take necessary actions without fail to enforce the suggestions of the report in letter and spirit without any shortcomings or neglect.
2.We wish to place on record our appreciation for all persons and institutions who worked for the successful conduct of the Mandala-Makaravilakku festival of 1192 M.E. The challenge thrown up by the ban of plastic bottles was satisfactorily met by the efforts of all concerned by taking necessary steps for providing drinking water to the pilgrims.
3.We place on record our appreciation for the untiring efforts and the positive interventions of the Special Commissioner, Sabarimala Shri M.Manoj, District Judge. He was instrumental in the coordination of the various departments and institutions for the conduct of the festival. He SSCR7/17 -: 3 :- has also taken prompt steps to see that shortcomings in arrangements have been rectified without fail and promptly.
4.We approve the suggestions and recommendations made by the Special Commissioner in the report and issue the following directions:
i.The Board, and the Kerala Water Authority shall ensure that the ambient quality and purity of water supplied through the water purification units installed by them is maintained at all times. Whenever it is detected that the standards fall below the prescribed levels, immediate steps have to be taken to rectify such defects. ii.The Board shall take necessary steps to augment the production and distribution of medicated boiled SSCR7/17 -: 4 :- water to pilgrims.
iii.The State Government and the Directorate of Health Services shall coordinate with the National Health Mission and ensure that the design of the new Government Hospital building at Sabarimala Sannidhanam is finalized in consultation with Disaster Management Authority, taking into consideration the requirements of space to give trauma care to a large number of injured in case of disaster. The construction should be completed before the commencement of Mandala-
Makaravilakku festival 1193 M.E. iv.The State Government and the Directorate of Health Services shall set up Cath Lab facilities at SSCR7/17 -: 5 :- the Government Dispensary at Pampa and General Hospital, Pathanamthitta.
v.The State Government and the Directorate of Health Services shall take necessary steps to post experienced Cardiologists at Pampa and Sannidhanam.
vi.The Forest Department shall ensure that basic facilities at the temporary Dispensary at Karimala are improved at the earliest. vii.Necessary steps should be taken for upgrading and augmenting the qualitative, quantitative and timely production of requisite Appam and Aravana and packing and distribution in packets which would ensure preservation. Bar coding SSCR7/17 -: 6 :- system could also be provided for the packets and containers. viii.It would be appropriate for the Board to consider obtaining a project report regarding the design and technology for modernization and automation of plants for production of Appam and Aravana by the Central Food Technological Research Institute (CFTRI), Mysore. The Board should consider this and if it calls for expenditure for preparation of the modernization and project report, that may be borne by it because that would carry forward the qualitative and quantitative improvements of the Prasadams.
ix.Steps have to be taken to ensure that scientific methods for SSCR7/17 -: 7 :- collection, management and eco friendly disposal of solid waste generated in Sannidhanam, Pampa and Nilackal are suggested, evolved and implemented in consultation with the Pollution Control Board and Shuchithva Mission. The implementation of the solid waste management processes has to be fast-tracked, and the Sewage Treatment Plant at Sannidhanam ought to function as per the norms prescribed by the Pollution Control Board. The Board has to ensure this.
x.The Board shall set up a modern Sewage Treatment Plant of adequate capacity at Pampa at the earliest as per suggestions of Pollution Control Board. Till the construction of the new S.T.P. at SSCR7/17 -: 8 :- Pampa, the existing S.T.P. at Pampa shall be maintained as per the standards and suggestions prescribed by the Pollution Control Board.
xi.The Board shall take necessary steps to post at least 250 staff members for the counting of cash and coins so that such counting is completed before the conclusion of the Mandala-Makaravilakku festival in future.
xii.The Board shall prescribe with clarity terms and conditions of auction of various hotels, shops, stalls etc. The specific items and services to be sold through the auctioned establishments shall be enumerated to rule out disputes. xiii.The Board shall ensure that the SSCR7/17 -: 9 :- process of auction of hotels, stalls, shops and other establishments is completed sufficiently early by at least the end of August, 2017. Necessary steps shall be taken by the Vigilance Department of the Board to avoid subversion of the auction process and prevent the bidding by cartels. Terms and conditions to avoid sub-letting and other irregular activities should be included in the general and special conditions of auction.
xiv.Certificates of auction with photographs of successful bidders shall be issued and exhibited to prevent malpractice.
xv.The Chief Police Coordinator and the Board shall ensure that SSCR7/17 -: 10 :- violation of religious rituals does not take place in future. Steps shall also be taken to ensure that Police Special Officers posted at Sannidhanam and Pampa are selected from Officers having experience in crowd management.
xvi.The Board shall provide more number of charge-fee toilets in Pampa and Sannidhanam. In the toilets which are auctioned, user fees shall be written and displayed in bold letters by the Board. xvii.The hygienic conditions and quality of Annadanam provided by the Board shall be maintained properly. To provide more comfort and save time, the number of queues for pilgrims to gain access to Annadanam halls shall be increased. SSCR7/17 -: 11 :- xviii.The State Government and the Board shall allocate more funds in their budgets to meet the expenses of the Sabarimala Sanitation Society(SSS).
xix.A High Level Committee of Officers of Revenue, Police and Forest authorities and the Board authorities shall be constituted for devising and formulating a scheme to regulate and control dolly workers. The Board shall establish prepaid counters for hiring dolly at Pampa and hire charges shall be appropriately fixed.
5.This Court has noticed that in so far as the affairs relating to Sabarimala are concerned, it is necessary to have a cohesive system of SSCR7/17 -: 12 :- management during the Mandala-Makaravilakku season. It would be worthwhile for the Government to consider the posting of an IAS Officer, preferably young in age (possibly, direct recruit), to camp at Sannidhanam throughout and control the management scheme of all matters connected with the Sabarimala festival season. This will ensure cohesive liaisoning between the various departments and institutions which are involved in the process. This can be ensured even by putting such officers from the IAS cadre on rotation basis fortnightly or for such duration as may be found feasible.
6.The holding area in Nilackal has to be improved in terms of facilities which would ease the crowd who could be kept at that base control centre to exclude inhuman queues which apparently would tend to crush the elders, little ones, the disabled and Malikappurams who are to go up the shrine hill. If the movement of pilgrims from Nilackal base control holding area is regulated, SSCR7/17 -: 13 :- that could control the queue system and make it a smooth transit for the pilgrims.
7.It is also worthwhile to consider whether three or four days during the whole season, in one go or otherwise, could be earmarked exclusively for persons with disabilities and their companions. This would reduce the struggle of such persons to have Darsan in a queue which includes others as well. Even if a few companions come along with a person with disabilities, that would not matter much, if the entry is restricted to persons with disabilities and their supporting group at least on a few days. This would also be worthwhile for consideration from the angle of human rights and physical well being of the persons with disabilities.
8.Management of human waste is a problem in Sabarimala shrine hill and attendant places in spite of much trumpeted Swachh Bharat programme of the Government of India. If Bharat has to SSCR7/17 -: 14 :- become swachh, the individual has to become responsible. Behaviour of pilgrims, when irresponsible, leads to adverse results in terms of waste management, particularly management of fecal matter etc. Appropriate instructions have to come through to different parts of the State and also the Edathavalams and to the pilgrims route through the entire trekking pilgrimage route, including Pampa and trekking path and also Sannidhanam to ensure that there is responsible behaviour in their pilgrimage. It would also be appropriate for the authorities concerned to take up requisite publicity programmes in this regard. Offenders could also be brought to book in terms of relevant provisions relating to law governing public health, Police Act etc.
9.There are different categories of workers who come to the area in connection with the season. They include the dolly workers and other people who work for wages. Fundamentally, they come from socio-economically marginalized sectors. The SSCR7/17 -: 15 :- Board and the other departments of the Government have necessarily to find out ways and means to provide adequate shelter and toilet facilities for them. Basic human rights in relation to the eligibility for reasonable privacy including toilets, when breached, would obviously lead them to abuse the open, leading to enormous open defecation particularly in the catchment areas of Pampa which pollute the waters without even the knowledge of those who touch it down stream. This has to be effectively tackled on a war-footing.
10.The catchment area of Pampa and those tributaries that run out of her have to be watched, cleared, cleaned up, maintained and protected on a war-footing. The Forest Department and the other departments of the Government including Revenue and the Board have to ensure that pollution free benchmarks in terms of the directions and instructions of the Pollution Control Board authorities are obtained in this regard. Requisite steps have to be taken to SSCR7/17 -: 16 :- ensure that Pampa improves from what she is now.
11.All directions issued by this Court during the previous years, unless they have been vacated or contradicted in this order, shall be given effect to, without fail.
12.We also place on record our appreciation for the contributions of the following individuals, organizations and institutions for the successful conduct of the festival:
(a) Shri K.R. Jyothilal IAS Shri K.R. Jyothilal IAS, Secretary to Government, Revenue (Devaswoms) effectively coordinated the different Government agencies and the Board. His services were commendable.
(b) Shri Nitin Agrawal, IPS
Shri Nitin Agrawal, IPS, the
Additional Director General of Police and
SSCR7/17 -: 17 :-
Chief Police Coordinator of Sabarimala
coordinated the Police force under his
command. He has devised schems to provide different layers of security cordons around Sabarimala Sannidhanam and deployed RAF personnel in buddy pairs to secure the perimeter in places like Marakkoottam, Pandithavalam and other vulnerable points to tackle infiltration attempts. The steps taken by him in the face of perception of threat situation were salutary.
(c) Smt. R. Girija, IAS The contribution of Smt. R. Girija, District Collector, Pathanamthitta for the successful conduct of the festival was commendable. Prior to the commencement of festival, she has personally visited Pampa and Sannidhanam and conducted several meetings and review meetings of all the departments to coordinate the various activities and preparations for the smooth conduct of the SSCR7/17 -: 18 :- festival season. She has issued Executive Orders under the Essential Articles Order, the Kerala Police Act and the Disaster Management Act. She has also invoked the provisions of the Disaster Management Act and issued Executive Orders to start the Chukkukappi counter at Chalakkayam and to commence Emergency Operation Centres at Chalakkayam and Pampa. She was involved in monitoring the performance of the officials of the Revenue department, the duty Magistrates/Executive Magistrates and the Sabarimala Sanitation Society.
(d) Shri Harisankar IPS, District Police Chief, Pathanamthitta Shri Harisankar IPS had conducted inspection of Sabarimala and Pampa even before the commencement of the festival and taken note of the shortcomings in the crowd management systems. He has meticulously prepared suggestions to refurbish barricades SSCR7/17 -: 19 :- and other crowd control systems. He has also taken efforts to point out the shortcomings in the accommodation facilities for the Police.
He has also effectively commanded the police force in the district to maintain law and order.
(e) TRAVANCORE DEVASWOM BOARD Shri Prayar Gopalakrishnan, President of the Board, Shri Ajay Tharayil and Shri K. Raghavan, the two Members of the Board imparted valuable services to make the festival a success. Its officers and employees have also rised to the occasion and worked for the successful conduct of the festival.
(f) Shri Manoj Abraham IPS, Shri Sreejith IPS and Shri M.R. Ajith Kumar IPS Shri Manoj Abraham IPS, Shri Sreejith IPS and Shri M.R. Ajith Kumar IPS, who have discharged their duties as Police Coordinators SSCR7/17 -: 20 :- provided valuable assistance to the Chief Police Coordinator. Their valuable suggestions and interventions are noted with appreciation.
(g) Shri G.R. Gokul IAS
Shri R. Gokul IAS, District
Collector, Idukki has conducted review
meetings of all the departments in Idukki district to ensure smooth conduct of the festival. He has supervised and monitored the activities of various departments at Pulmedu during the Makaravilakku. The arrangements and preparations made by him were instructions in providing better facilities of pilgrims and ensuring the safety and security in Idukki.
(h) Smt. Navjyot Khossa IAS Smt. Navjyot Khossa IAS, the Food Safety Commissioner enforced the directions of this Court in ensuring quality of food, Appam, Aravana and other Prasadams. She has taken efforts to set up a mobile water testing SSCR7/17 -: 21 :- laboratory to check the quality of drinking water at Sabarimala and maintained vigil over her subordinate officers. Shri K. Anil Kumar, Joint Food Safety Commissioner (Admn & Legal) and Shri G. Gopakumar, Technical Assistant to Commissioner have conducted routine inspections in Sabarimala and worked hard to coordinate activities of the department. They have provided valuable assistance to the Food Safety Commissioner.
(i) Shri C.P. Ramaraja Prema Prasad Shri C.P. Ramaraja Prema Prasad, the Commissioner of Travancore Devaswom Board coordinated the activities of the Board and other departments.
(j) Shri P. Vijayan IPS Shri P. Vijayan IPS, the then DIG, Intelligence and Joint Coordinator of Police as well as the Nodal Officer of Punyam- Poonkavanam Project, effectively involved in SSCR7/17 -: 22 :- the process of crowd management and also in keeping the premises clean. The activities of Punyam-Poonkavanam Project have helped much in keeping the premises of Sabarimala clean.
(k)Shri K.B.Venugopal IPS, District Police Chief, Idukki, Shri V.R. Premkumar, Sub Collector, Mananthavadi, Shri S. Chandrasekhar, Sub Collector, Alappuzha, Shri Ratheesh Krishnan IPS (Superintendent of Police, on deputation), the Chief Vigilance and Security Officer of Travancore Devaswom Board have discharged their duties with all responsibility. Shri Ramesh Kumar, Shri P.K. Madhu, Shri N. Vijaya Kumar, Shri S. Surendran IPS, Dr.Arul R.B.Krishna IPS, Shri V. Sunil Kumar, Shri Prem Kumar, Shri Yedishchandra IPS, Shri Mahesh Kaliraj, Shri Karuppaswami IPS were the Police Special Officers during the various SSCR7/17 -: 23 :- stages of the festival. All these Officers took effective steps in successfully managing the crowd. The commitment and dedication of all these Officers are noteworthy and are highly appreciated.
(l) Dr. Smt. Sofia Banu, District Medical Officer, Pathanamthitta. Dr. Smt. Sofia Banu, the District Medical Officer, Pathanamthitta has coordinated the activities of the Health Department and was instrumental in ensuring the availability of basic life saving equipments. She has personally taken efforts to coordinate the setting up of Emergency Medical Centres. Her performance is noted with appreciation.
(m) Dr. Shri G. Suresh Babu, Nodal Officer, Health Services.
Dr. Shri G. Suresh Babu, who has long SSCR7/17 -: 24 :- experience in duty at Sabarimala was deeply involved in coordinating the activities of Health Department. He was present at the Government Hospital, Sabarimala during the entire festival period and his experience provided guidance to the other Medical Officers and Paramedics. Utilizing his experience and skill, he has admirably led the team of Doctors and paramedics to manage all the injured pilgrims in the minor stampede on 25.12.2016.
(n) Shri V. Rajachandran (R.D.O., Chengannur), Shri K.R. Raveendran (Deputy Collector, Kasaragode) and Shri P.V. Gapalakrishnan (Deputy Collector, Kannur) Shri V. Rajachandran (R.D.O., Chengannur), Shri K.R. Raveendran (Deputy Collector, Kasaragode) and Shri P.V. Gapalakrishnan (Deputy Collector, Kannur) were posted as Duty Magistrates at Pampa and Sannidhanam during SSCR7/17 -: 25 :- different phases of the festival. All of them have worked really hard and monitored the activities of the business establishments and supervised their team of officers. Their hard work resulted in reducing malpractices by business establishments and in ensuring better facility to the pilgrims.
(o) Shri C. Babu, Deputy Director of P.T.R and Shri M. Ajeesh, Deputy Ranger, P.T.R. The Department of Forest under the leadership of Shri C. Babu, Deputy Director, P.T.R and Shri M. Ajeesh, Range Officer, functioned commendably in complying with the various directions of this Court especially with regard to the elimination of plastic and other pollutants.
(p) Shri P.V. Sajeev, Executive Magistrate on deputation in the Office of the Special Commissioner, Sabarimala SSCR7/17 -: 26 :- conducted routine inspections and detected malpractices conducted by shop owners and other establishments. He has also made an in-depth study of the conditions of auction of shops and was instrumental in rectifying violations.
(q) Shri J. Anil Kumar, Executive Engineer, P.W.D. Road Section, Pathanamthitta.
Shri J. Anil Kumar, Executive Engineer, P.W.D. Road Section, Pathanamitta has coordinated the work of Sabarimala roads in Pathanamthitta. He has taken efforts to ensure that the repair works of the roads are completed before time. He has personally supervised the work of Pandalam bridge and ensured that it was completed and opened for traffic before the Mandala Pooja.
(r) Shri R. Prasanth, Shri K.P. Vinod, the Vigilance Officers of Travancore SSCR7/17 -: 27 :- Devaswom Board, with their vast experience in the field extended effective and full support to the Chief Vigilance and Security Officer.
(s) THE KERALA STATE POLLUTION CONTROL BOARD Shri K. Sajeev, Chairman of Pollution Control Board and Shri Alexander George, Environmental Engineer, Pollution Control Board, Pathanamthitta.
The Chairman of Pollution Control Board had inspected the environment in and around Sabarimala and has made valuable suggestions to improve the functioning of the Sewage Treatment Plant. As directed by this Court, he has promptly issued notification to ban tin cans.
Shri Alexander George, Environmental Engineer of Pollution Control Board has conducted routine inspections of the environment, the Sewage Treatment Plants and SSCR7/17 -: 28 :- coordinated the activities of the Pollution Control Board, the quality control labs and gave necessary directions to the officials. His efforts have really helped to identify the shortcomings in the STP and to give necessary directions to rectify the same. The quality of purified water was tested routinely in the labs set up by the Pollution Control Board and the reports helped to improve quality of drinking water.
(t) THE KERALA STATE ELECTRICITY BOARD Shri R. Bijuraj, Assistant Executive Engineer, KSEB.
Shri R. Bijuraj, Assistant Executive Engineer, KSEB has worked really hard to coordinate the functioning of the KSE Board as a result of which, uninterrupted power supply was maintained at Sabarimala.
(u) THE MARAMATH AND ENGINEERING WING OF THE TRAVANCORE DEVASWOM BOARD SSCR7/17 -: 29 :- In spite of several constraints, the Maramath and Engineering Wing of the Board have satisfactorily carried out most of the construction work within the time frame.
(v)The Excise Department, the Department of Fire and Rescue Services, Department of Health, Directorate of Medical Education, Travancore Devaswom Board, Kerala Water Authority, Department of Irrigation, various non- governmental organizations like Matha Amruthanandamai Madom, Akhila Bharatha Ayyappa Seva Sangham and Ayyappa Seva Samajam extended support in different manners.
13.Services of all these persons along with a large number of persons whose names do not find a mention in this order, but without whom the festival could not have been conducted effectively, deserve mention and appreciation by SSCR7/17 -: 30 :- this Court. We place on record such appreciation.
14.Before parting with the case, we direct that all necessary policy decisions for the smooth conduct of the Mandala-Makaravilakku festival during 2017-2018 shall be taken sufficiently early by the authorities concerned, so that confusions created by preparations left to the last minute can be avoided.
We are confident that all the authorities, institutions and individuals concerned shall take all necessary steps and decisions well in advance for the efficient and satisfactory conduct of the Mandala-Makaravilakku festival in succeeding years as well and policy will be formulated with foresight and vision.
Thottathil B. Radhakrishnan Acting Chief Justice Anu Sivaraman Judge Sha/10.03.17