Kerala High Court
Suo Motu vs State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
SSCR NO. 28 OF 2022
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER
REPORT - SM REPORT 29/22 - REPORT SUBMITTED BY THE SPECIAL COMMISSIONER,
SABARIMALA REGARDING THE MEASURES TO BE TAKEN FOR CROWD MANAGEMENT AND SECURITY
ARRANGEMENTS AT SABARIMALA IN VIEW OF THE CONSISTENT HEAVY INFLOW OF DEVOTEES TO
SABARIMALA AND THE MAKARAVILAKKU FESTIVAL OF 2022-23 (1198 M.E.) - SUO MOTU
PROCEEDINGS INITIATED - REG:
----------------
PETITIONER:
SUO MOTU
RESPONDENTS:
1. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001
2. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM -695001
3. STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANATHAPURAM-695010
4. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA - 689645
5. THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA, KERALA - 689645
6. PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
THIRUVANANTHAPURAM - 695014
7. DEPUTY DIRECTOR,
PERIYAR WEST DIVISION, PEERUMEDU, IDUKKI - 685531
8. KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT P.O., THIRUVANATHAPURAM- 695035
9. THE TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST,
THIRUVANTHAPURAM - 695003
10. THE EXECUTIVE OFFICER,
SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANTHAPURAM- 695003
11. DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
THIRUVANATHAPURAM - 695003
BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER
BY SRI.P.SANTHOSH KUMAR, SPECIAL GOVERNMENT PLEADER
BY SRI.NAGARAJ NARAYANAN, SPECIAL GOVERNMENT PLEADER (FOREST)
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD
BY STANDING COUNSEL FOR KERALA STATE ROAD TRANSPORT CORPORATION
BY SRI.N.RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPECIAL
COMMISSIONER
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR
ORDERS AGAIN ON 23.12.2022, UPON PERUSING THE REPORT AND THIS COURT'S
ORDER DATED 23/12/2022 (ORDER NO.1), THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------
SSCR Nos.23 & 28 of 2022
and
DBP Nos.70 & 85 of 2022
------------------------------------------------------
Dated this the 23rd day of December, 2022
ORDER
Anil K. Narendran, J.
SSCR No.23 of 2022:- The Special Commissioner, Sabarimala, has
filed this report regarding the implementation and management of the
Virtual-Q system by Travancore Devaswom Board for Sabarimala darshan
during Mandala-Makaravilakku festival season on 1198 M.E (2022-23) and
for effective crowd management at Nilakkal, Pamba, Sannidhanam and the
trekking paths, transportation facilities for the pilgrims, etc.
2. SSCR No.28 of 2022:- The Special Commissioner,
Sabarimala, has filed this report regarding the measures to be taken for
crowd management and security arrangements at Sabarimala in view of
the consistent heavy inflow of devotees to Sabarimala. In the said report,
the Special Commissioner has pointed the order of this Court dated
06.01.2016 in DBP No.136 of 2016 wherein it was made clear that the
Chief Police Co-ordinator, who is in the rank of Additional Director General
of Police, is in overall charge of the crowd management and security
arrangements for all facets of the Sabarimala pilgrimage.
3. DBP No.70 of 2022:- This DBP is registered based on a
complaint dated Nil made in the matter pertaining to the restrictions
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
imposed on the entry of vehicles including motor cars from Nilakkal to
Pamba.
4. DBP No.85 of 2022:- This DBP is registered suo motu based
on a complaint dated 26.11.2022 received from one K.S.Sudheeran, which
is addressed to Registrar General of this Court pointing out the difficulties
faced by pilgrims at Nilakkal and Pamba in the absence of queue system
for the passengers in KSRTC chain service, during Mandala-Makaravilakku
festival season of 1198 M.E (2022-23).
5. In the above SSCRs and DBPs, we have issued various orders
and the latest order is one dated 22.12.2022.
6. Heard the learned Special Government Pleader, the learned
Senior Government Pleader, the learned Standing Counsel for Travancore
Devaswom Board and also the learned Standing Counsel for KSRTC.
7. Pilgrim facilities at Edathavalams and Temples:- By the
order dated 21.11.2022 in SSCR No.20 of 2022, the State and the
Travancore Devaswom Board were directed to take necessary steps to give
wide publicity regarding the facilities provided to Sabarimala pilgrims in 52
Sabarimala Edathavalams in the Temples under the management of
Travancore Devaswom Board, 2 Edathavalams and 5 Temples under the
management of the Cochin Devaswom Board, in Guruvayur Sree Krishna
Temple, and in 12 controlled institutions under the Malabar Devaswom
Board and also Annadanam facilities at Sannidhanam, Pamba and Nilakkal
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
through the print and visual media for the information of pilgrims,
including those coming from the neighbouring States. The said order was
followed by another order dated 24.11.2022.
7.1. In the order dated 29.11.2022 this Court noticed that in terms
of the directions contained in the orders of this Court in SSCR No.20 of
2022, the Chief Secretary of Kerala communicated copy of the orders of
this Court to the Chief Secretaries of the neighbouring States, namely, the
States of Tamil Nadu, Karnataka and Andhra Pradesh. Thereafter, the
respective States gave wide publicity to the facilities provided to
Sabarimala pilgrims in Edathavalams/Temples, through the print and
visual media, for the information of pilgrims. In terms of the order of
this Court dated 24.11.2022 in SSCR No.20 of 2022, the details of the
facilities provided to Sabarimala pilgrims in 52 Sabarimala Edathavalams
in the Temples under the management of Travancore Devaswom Board, 2
Edathavalams and 5 Temples under the management of the Cochin
Devaswom Board, in Guruvayur Sree Krishna Temple, and in 12 controlled
institutions under the Malabar Devaswom Board and also Annadanam
facilities at Sannidhanam, Pamba and Nilakkal, are published in the Virtual-
Q platform.
7.2. In terms of the orders of this Court in SSCR No.20 of 2022, the
concerned Assistant Devaswom Commissioners/Deputy Administrator
shall conduct periodical inspections in the respective Edathavalams/
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
Temples under their jurisdiction, once in a week, in order to ensure that
proper facilities are provided to Sabarimala pilgrims in those
Edathavalams/temples, during Mandala-Makaravilakku festival season of
1198 M.E (2022-23).
8. Entry of Vehicles from Nilakkal and parking of vehicles:-
By the order 15.11.2022 in SSCR No.23 of 2022 and DBP No.70 of 2022,
it was ordered that, the entry of vehicles from Nilakkal has to be regulated
during Mandala-Makaravilakku festival season of 1198 ME, in terms of the
directions contained in the judgment dated 19.11.2019 in
W.P.(C)No.30842 of 2019 and connected matter. Light motor vehicles with
a seating capacity up to 15, carrying Sabarimala pilgrims, shall be
permitted to enter up to Pamba for the purpose of dropping the pilgrims.
The drivers of the vehicles concerned shall take back the vehicles to
Nilakkal for parking immediately after dropping the pilgrims. When the
pilgrims reach Pamba after darshan, upon passing such information, the
drivers of the vehicles concerned shall be permitted to re-enter, solely to
bring back the pilgrims. No vehicle shall be permitted to park vehicles on
the roadside from Nilakkal to Pamba. In case any vehicle is seen parked
on the roadside, Police and the Enforcement Wing of the Motor Vehicles
Department shall take appropriate action against the owner and driver of
that vehicle and take back that vehicle from there to Nilakkal. If the
vehicular traffic in Pamba exceeds the available capacity then the Police
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
shall manage the traffic by 'hold and release' mechanism, with prior
intimation to the District Collector, Pathanamthitta and the Special
Commissioner, Sabarimala. By the order dated 15.11.2022, the Police and
the Enforcement Wing of the Motor Vehicles Department are directed to
take stringent action against those who openly flout the prohibitions
contained in the statutory provisions referred to hereinbefore. In the said
order it was made clear that the prohibition regarding parking of vehicles
on the roadside from Nilakkal to Pamba is absolute, which cannot be
permitted to be flouted by any motor vehicle exhibiting 'authorised' or
'unauthorised' name boards and emblems.
8.1. The District Collector, Pathanamthitta, the District Police Chief,
Pathanamthitta and also the Special Police Officer, Pamba, shall ensure
strict compliance of the directions contained in the orders of this Court in
SSCR No.23 of 2022 and DBP No.70 of 2022 regarding unauthorised
parking of vehicles at Pamba, management of traffic from Nilakkal by 'hold
and release' mechanism, when the vehicular traffic in Pamba exceeds the
available capacity, with prior intimation to the District Collector,
Pathanamthitta and the Special Commissioner, Sabarimala, during
Mandala-Makaravilakku festival season of 1198 M.E (2022-23).
9. Road Safety - Sabarimala Safe Zone Project:- In the order
dated 15.11.2022 in SSCR No.23 of 2022 we have directed that, in terms
of the directions contained in the order dated 14.11.2022 in SSCR No.23
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
of 2022 and DBP No.70 of 2022, the Enforcement Wing of the Motor
Vehicles Department and the Police shall ensure that the operation of
contract carriages (regardless of the State of registration), the buses
operated by KSRTC/KURTC, etc. and also other motor vehicles used for the
movement of Sabarimala pilgrims is strictly in compliance with the
directions contained in the orders of this Court in SSCR No.20 of 2021, i.e.,
order dated 10.01.2022 [2022 SCC OnLine Ker 1105], order dated
26.05.2022 [2022 SCC OnLine Ker 2906], order dated 06.10.2022
[2022 SCC OnLine Ker 4898], order dated 10.10.2022 [2022 (6) KHC
435] and also the orders dated 14.10.2022 and 21.10.2022.
9.1. As per the report dated 23.11.2022 of the Transport
Commissioner, Kerala, the directions contained in the orders of this Court
in SSCR No.20 of 2021 are being followed strictly, in order to ensure
smooth and safe movement of Sabarimala pilgrims during Mandala-
Makaravilakku festival season of 1198 ME (2022-23). The Transport
Commissioner, Kerala has already addressed the Transport Commissioners
of other States, namely, Tamil Nadu, Karnataka, Andhra Pradesh,
Telangana, Maharashtra and Goa, with a copy of the order dated
10.11.2022 in SSCR No.23 of 2022, requesting to follow the directions
issued by this Court for the safe movement of the Sabarimala pilgrims.
9.2. By the order dated 19.11.2022 in SSCR No.23 of 2022, we
have directed the Police and the Enforcement Wing of the Motor Vehicles
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
Department to ensure strict compliance of the directions contained in the
orders of this Court in this SSCR, in letter and spirit, in respect of all motor
vehicles, including the vehicles carrying Sabarimala pilgrims. The
concerned officers in the Enforcement Wing of the Motor Vehicles
Department, within the area of the respective Edathavalams/Temples in
which facilities are provided for Sabarimala pilgrims are directed to give
awareness to the drivers of the vehicles carrying Sabarimala pilgrims,
especially contract carriages and other vehicles from the neighbouring
State, as to the road condition and also the safe practice that has to be
followed, in order to avoid any untoward incidents, in the Ghat sector of
the roads leading to Pamba. They are directed to take measures to
sensitize the erring drivers.
9.3. The Police and the Enforcement Wing of the Motor Vehicles
Department shall take necessary steps to ensure strict compliance of the
directions contained in the orders of this Court in SSCR No.23 of 2022, in
letter and spirit, in order to ensure safe and smooth movement of
Sabarimala pilgrims and other road users, during Mandala-Makaravilakku
festival season of 1198 M.E (2022-23).
10. KSRTC Nilakkal-Pamba Chain Service:- Nilakkal-Pamba
chain service is being operated by KSRTC. We have issued various
directions in SSCR No.23 of 2022 and DBP No.85 of 2022 regarding the
operation of chain service by KSRTC. A Special Officer has been appointed
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
by KSRTC, who is in charge of the entire operations of KSRTC buses at
Pamba and Nilakkal. In terms of the orders of this Court, CCTV cameras
have already been installed at Nilakkal and Pamba, in order to ensure the
availability of sufficient number of KSRTC vehicles at the boarding points
at Nilakkal and Pamba and also to ensure that the vehicles used in the
chain service are carrying only passengers within the permissible limit.
10.1. In terms of the orders of this Court in SSCR No.23 of 2022 and
DBP No.85 of 2022, booking counters are provided at Nilakkal and Pamba-
Triveni, taking special care in the case of senior citizens, persons with
disability, etc. Queue system has also been introduced at KSRTC boarding
points at Nilakkal and Pamba-Triveni. By the order dated 19.12.2022, the
Special Officer, KSRTC, Pamba, has been directed to ensure that sufficient
number of buses are parked at KSRTC boarding point at Pamba-Triveni. By
the order dated 20.12.2022, this Court directed the District Collector,
Pathanamthitta and the District Police Chief, Pathanamthitta to take
necessary steps to ensure that sufficient number of buses, Conductors and
Inspectors are provided by KSRTC at KSRTC boarding point at Pamba-
Triveni, depending upon the number of footfall at Sabarimala, in order to
avoid crowding and chaos of pilgrims while boarding the buses and also to
avoid the pilgrims waiting for the buses.
10.2. The Enforcement Wing of the Motor Vehicles Department shall
take necessary steps to ensure that the operation of buses by KSRTC for
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
the movement of Sabarimala pilgrims is strictly in compliance with the
directions contained in the orders of this Court in SSCR Nos.20 of 2021
and 23 of 2022 and that, all vehicles have valid Fitness Certificate. The
District Collector, Pathanamthitta, the District Police Chief, Pathanamthitta
and also the Special Police Officer, Pamba, shall take necessary steps to
ensure strict compliance of the above directions issued by this Court,
during Mandala-Makaravilakku festival season of 1198 M.E (2022-23).
11. Crowd Management and Pamba and Sannidhanam:- As
directed by this Court in the order dated 22.04.2022 in DBP.No.13 of 2021
and connected cases, 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.
11.1. Today, when these matters are taken up for consideration, the
learned Senior Government Pleader has made available for the perusal of
this Court a detailed report of the Chief Police Co-ordinator, Sabarimala on
crowd management and security arrangements at Sabarimala. As per the
said report, during current Mandala-Makaravilakku festival season, large
number of senior citizens, women and children are having darshan at
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
Sannidhanam, including differently abled and sick persons. As a result, in
spite of the best efforts of Police personnel the maximum number of
pilgrims climbing Pathinettampadi is 4200 per hour. Having considered the
report of the Chief Police Co-ordinator, we deem it appropriate to direct
the Police to regulate the movement of pilgrims through Pathinettampadi,
in an appropriate manner, in order to ensure that the pilgrims have a
comfortable climb as per their physical capacity, with the assistance of the
Police personnel posted at Pathinettampadi.
11.2. The learned Senior Government Pleader and also the learned
Standing Counsel for Travancore Devaswom Board would submit that the
special queue facility at the Nadappanthal of Sabarimala Sannidhanam is
being availed by aged persons, persons with disability, children below 10
years and also persons having health issues. In the report of the Chief
Police Co-ordinator, Sabarimala, it is stated that the optimal and safe
position for the tail end of the queue is at the end of queue complex in
Saramkuthi-Marakkoottam sector. This will ensure that Marakkoottam X-
Cross junction is kept congestion free for the outflow of pilgrims,
ambulance service and other emergency services. The crowd holding
capacity from Marakkoottam to Sopanam and also the row system at
Nadappanthal are furnished in the report of the Chief Police Co-ordinator.
The said report also deals with crowd management at Pamba.
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
11.3. Having considered the report of the Chief Police Co-ordinator,
Sabarimala and also the submissions made at the Bar, we deem it
appropriate to direct the Chief Police Co-ordinator, the Special Police
Officers at Sannidhanam and Pamba and also the District Collector,
Pathanamthitta, shall monitor crowd management at regular intervals and
take appropriate measures, in consultation with the Travancore Devaswom
Board and also the Special Commissioner, Sabarimala, when the tail end
of the queue goes beyond the Nadappanthal at Sannidhanam. The
movement of pilgrims through Pathinettampadi shall also be regulated in
an appropriate manner, causing least inconvenience to pilgrims, when the
tail end of the queue goes beyond the Nadappanthal at Sannidhanam.
12. Crowd and vehicle management at Nilakkal:- Paragraph
3 of the report of the Chief Police Co-ordinator deals with crowd and vehicle
management at Nilakkal, wherein it is stated that during rush hours vehicle
flow at Nilakkal is managed by 'hold and release' mechanism at 11 places
mentioned in the said report, where basic facilities are available to
Sabarimala pilgrims. The total vehicle parking capacity at those places is
2250. The Additional District Magistrate at Sabarimala has issued orders
to the parking contractor for deploying adequate staff for ensuring
systematic parking and issuance of parking tickets in the parking grounds,
instead of Nilakkal-Palliyarakkave road near u-turn, which has led to long
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
queue of vehicles leading to the main road and traffic block along the roads
during heavy pilgrim inflow.
12.1. Having considered the report of the Chief Police Co-ordinator,
Sabarimala and also the submissions made at the Bar, we deem it
appropriate to direct the District Collector, Pathanamthitta, the District
Police Chief, Pathanamthitta, Special Police Officer, Pamba, the Additional
District Magistrate, Sabarimala, to ensure a proper crowd and vehicle
management at Nilakkal, during Mandala-Makaravilakku festival season of
1198 M.E (2022-23).
13. Medical facilities for Sabarimala pilgrims:- By the order
dated 21.12.2022, the additional 15th respondent District Medical Officer
(Health), Pathanamthitta, has been directed to submit a report on the
medical facilities provided to Sabarimala pilgrims. In terms of the
directions contained in that order, a detailed report dated 22.12.2022 of
the District Medical Officer is placed on record along with the memo filed
by the learned Senior Government Pleader dated 22.12.2022. As per the
said report, the infrastructure provided for Sabarimala pilgrims includes
Primary Health Centre at Nilakkal Base Camp, multi-speciality hospitals at
Pamba and Sannidhanam, Cardiology Centres at Neelimala and
Appachimedu, Government Dispensary at Charalmedu along Swamy
Ayyappan road, Government Dispensary at Karimala (from 01.01.2023 till
14.01.2023), 14 Emergency Medical Centres along the trekking path from
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
Pamba to Sannidhanam and 4 Emergency Medical Centres along trekking
route from Erumeli to Pamba; ambulance network and mobile medical
units at Nilakkal and Pamba. The mode of activities of the medical team,
the Incident Response Protocol and also a detailed death review form part
of the report of the District Medical Officer.
14. During the course of arguments, the learned Senior
Government Pleader would submit that the entire medical team under the
additional 15th respondent District Medical Officer (Health),
Pathanamthitta, is rendering medical support to Sabarimala pilgrims, after
evolving a detailed Incident Response Protocol, Emergency Casualty Plan,
etc.
15. Having considered the report of the additional 15th respondent
District Medical Officer (Health), Pathanamthitta and also the submissions
made by the learned Senior Government Pleader, we deem it appropriate
to direct the said respondent to ensure medical facilities to Sabarimala
pilgrims, in terms of the protocols referred to in the report dated
22.12.2022, during Mandala-Makaravilakku festival season of 1198 M.E
(2022-23).
List these matters on the re-opening day, i.e., 03.01.2023, for
further orders.
It would be open to the learned Amicus Curiae for Special
Commissioner, Sabarimala, the learned Senior Government Pleader or the
SSCR Nos.23 & 28 of 2022 and
DBP Nos.70 & 85 of 2022
learned Standing Counsel for Travancore Devaswom Board to move
Registry for urgent listing of these matters before the Bench in case
situation warrants, in which event, Registry shall list these matters before
the Bench on the very same day, after obtaining orders of the Honourable
the Chief Justice.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
jg
23-12-2022 /True Copy/ Assistant Registrar
