Suo Motu vs The Travancore Devaswom Board
2021 Latest Caselaw 8266 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                                    &

           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                          SSCR.No.3 OF 2021


PETITIONER:

               SUO MOTU


RESPONDENTS:

      1        THE TRAVANCORE DEVASWOM BOARD
               REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM

      2        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM

      *3       STATE POLICE CHIEF

               *(SUO MOTU IMPLEADED AS ADDITIONAL THIRD RESPONDENT
               AS PER ORDER DATED 05/03/2021 IN SSCR)

               R1 BY SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
               R2-3 BY GOVERNMENT PLEADER SRI.T.K.ANANDAKRISHNAN

     THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING BEEN
FINALLY HEARD ON 12.03.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 SSCR 3/2021                            2




                                    ORDER

Ravikumar, J.

S.M.Report No.3 of 2021 filed by the Sabarimala Special

Commissioner led to the registration of the captioned SSCR. It

pertains to the restrictions in the entry of pilgrims at Sabarimala and

the introduction of virtual queue system therefor, and the

consequential impact of under utilisation of the permitted number of

5000 pilgrims per day due to various reasons and the eventual loss of

opportunities to yearning devotees to undertake pilgrimage. After the

formulation of safety protocol (social distancing, crowd management

etc.) in view of Covid-19 pandemic situation, computer managed

virtual queue system was introduced at Sabarimala and booking of the

virtual queue slots are being done through the website

www.Sabarimalaonline.org which is an initiative of the Kerala Police.

It is a method successfully introduced to identify the pilgrims and also

to manage crowd at Sabarimala when the shrine is opened.

2. Earlier, this Court registered SSCR No.9 of 2020 based on

S.M Report No.9 of 2020 of the Special Commissioner. The said

SSCR was also pertaining to the aforesaid issue. That was disposed

of as per order dated 15.10.2020. A perusal of the said order would

reveal that this Court took note of the constitution of the High Level

Committee by the Government in the matter of taking appropriate

measures for crowd management in connection with Sabarimala

pilgrimage at Sannidhanam and other locations. The said Committee

took various decisions on the aforesaid subject and that was

considered in detail by this Court, as can be seen from the said order.

Evidently, after considering various aspects, this Court directed the

Committee to have a re-look in the matter since the permissible

number of pilgrims to undertake pilgrimage was fixed by the

Committee without getting opinion from the Travancore Devaswom

Board (TDB) and for such other reasons specifically mentioned in the

said order. Appropriate directions were issued in that regard as per

order dated 15.10.2020. This Court also expressed the view that it is

necessary to restrict the number of pilgrims at Sabarimala taking note

of the threat due to COVID-19 pandemic and also that, in such

circumstances, effective measures for containment of COVID-19

pandemic is highly required. At the same time, since the Committee

had failed to take various relevant factors as also to get the view of the

TDB in the matter, this Court directed the said Committee to re-

consider the entire issues and to fix the permissible number of

pilgrims per day, afresh. Subsequently, the said issue came up for

consideration before this Court in W.P.(C) No.23183 of 2020 and

connected matters. Those writ petitions were disposed of by a

common judgment dated 18.12.2020. True that, some of them were

dismissed as infructuous. However, the judgment dated 18.12.2020

would reveal that after an elaborate consideration of the relevant

factors, this Court fixed the number of permissible pilgrims at 5000.

At the same time, this Court upheld the decision of the High Level

Committee to insist for production of COVID-19 Negative Certificate

after conducting RTPCR test within 48 hours of reaching Nilakkal,

from NABL accredited ICMR approved laboratories.

3. Now, the Special Commissioner was constrained to file the

captioned SM Report taking note of the fact that owing to various

aspects, the devotees are being deprived of opportunities to have

darshan despite the enhancement of permissible number of pilgrims.

It is stated therein that immediately on opening of the site, all the

5000 virtual queue slots are being booked. Nonetheless, only about

50-55% of the registered pilgrims are actually turning up for

pilgrimage. In such circumstances, it is reported that the devotees,

who are actually yearning to undertake pilgrimage, are deprived of

opportunity to have darshan and therefore, the issue of under

utilisation of permitted number of pilgrims may be looked into.

4. When this matter came up for consideration on 05.03.2021,

we have passed two orders taking note of the matters reported by the

Special Commissioner in S.M Report No.3 of 2021. As per one of the

said orders, the State Police Chief was suo motu impleaded as

additional third respondent in the SSCR and as per the second order,

the State Police Chief or any officer specifically authorised by him,

was directed to file an affidavit after bestowing proper attention to the

issues.

5. An affidavit dated 12.3.2021 was placed on record in

compliance with the order dated 5.3.2021. We have carefully gone

through the same.

6. The recital in paragraph 4 of the said affidavit would reveal

that what is reported by the Commissioner in S.M Report No.3/2021

on the under utilisation of the permitted number of pilgrims is true to

facts. Though permission was granted by this Court for the entry of

5000 pilgrims per day, it is a fact that after registering for pilgrimage

in the computer virtual queue system through website

www.Sabarimalaonline.org, only about 50% of persons are turning up

for darshan. Yet, there is no provision for a registrant for cancelling

the registration already effected. In this context, the learned

Government Pleader brought to our notice that subsequent to the

receipt of representation from the TDB to do away with the virtual

queue system, the High Level Committee considered the same and

even while declining the suggestion to do away with the virtual queue

system, taking note of the aforementioned situation resulting in

deprival of opportunities to yearning devotees to have darshan, the

Core Group for Covid Management took a decision to provide option for

cancellation of registration in case the registrant requires to do so. In

that regard, it was also decided to alert the devotees by sending SMS

so as to enable them to confirm or cancel the pilgrimage. No doubt,

in case it is worked out properly, it would ameliorate the situation

slightly as in such eventuality, the vacant slots would be available for

yearning devotees to overcome the situation referred to in the Report.

7. The learned Government Pleader would further submit that

the Core Group for Covid Management is also of the view that in the

circumstances resulting in under utilisation of the permissible number

of pilgrims, it is only advisable to enhance the number of persons

permitted to undertake pilgrimage from 5000 to 7000. In the

contextual situation, it is relevant to refer to paragraph 4 of the

affidavit filed on behalf of the additional third respondent. It reads

thus:-

"4.It is a fact that number of pilgrims coming during the main season and during the monthly poojas are much less than previous years. It is also a fact that when a limit of 5,000 pilgrims was fixed per day, only 50-55% pilgrims actually come and visit Sabarimala."

8. In the order dated 15.10.2020 as also in the common

judgment dated 18.12.2020 in W.P.(C) No.23183/2020 and connected

matters, this Court has reiterated that permitting entry of pilgrims

without limiting the number might ultimately defeat the very safety

protocol of COVID-19 pandemic. The fact is that even now, the

threat of COVID-19 pandemic continues. Hence, it should be the

endeavour of one and all, for the well-being, to avert a situation of a

further lock-down. In such circumstances, we do not think it prudent

to direct to do away with the restrictions imposed at Sabarimala with

respect to the number of pilgrims and in that regard, requiring

registration through virtual queue system introduced by the Kerala

Police through the website www.Sabarimalaonline.org. Hence, the

said procedure shall continue in view of the COVID-19 pandemic.

It is a fact that unlike the gatherings elsewhere in the State, the

pilgrims are turning up for darshan at Sabarimala only with COVID-

19 negative certificate after conducting RTPCR test or any test

recognised by the Government as equivalent to RTPCR. That apart,

the indisputable fact is that after the order of this Court whereby and

whereunder the number of pilgrims was enhanced to 5000, at no point

of time since the said order, the said permitted number of pilgrims

turned up for darshan. In view of the facts that the devotees registered

through the website are given time slots and that each day, for

darshan, about 10 hours are available, the crowd management will not

be a difficult affair. We are of the view that in order to see that the

permitted number of 5000 pilgrims are turning up with the conditions

already imposed and approved by this Court, the number can be

enhanced from 5000 to 10000. We are sure that even if that much

number of pilgrims are turning up each day, it may not create a

situation of concern in case the COVID-19 pandemic protocol is

adhered to. It is a fact that from 15.3.2021 to 28.3.2021, the shrine

will remain opened in connection with high days. In such

circumstances, we are of the view that the number of pilgrims

permissible can now be fixed as 10000. It is ordered accordingly.

Such number of pilgrims shall be allowed to undertake pilgrimage

from 15.3.2021 onwards. We make it clear that the decision to insist

for production of COVID-19 Negative Certificate after RTPCR test

within 48 hours of reaching Nilakkal from NABL accredited ICMR

approved laboratories and such other laboratories approved by the

Government shall be continued. Now, that the Core Group for Covid

Management has taken a decision to introduce facilities to enable the

registered devotees to cancel the registration for darshan, such facility

shall be introduced at the earliest in order to provide more number of

yearning devotees to undertake pilgrimage.

The SSCR is ordered accordingly.

Sd/-

C.T.RAVIKUMAR JUDGE Sd/-

MURALI PURUSHOTHAMAN JUDGE spc/