Kerala High Court Orders To Bring Back Gold-Plated Copper Coverings Of Dwarapalaka Idols At Sabarimala Sannidhanam

The Kerala High Court, while taking suo motu cognizance, ordered the Devaswom Board to transport all the items sent to Chennai for repair work back to Sannidhanam since the same was carried out without proper intimation either to the Special Commissioner or to the High Court.

The Kerala High Court took suo motu cognizance in the matter pertaining to the report filed by the Sabrimala Special Commissioner regarding removal of the gold-plated copper coverings of the Dwarapalaka Idols.

The Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar observed, “We also take note of the fact that, as a matter of established practice, plating works are ordinarily undertaken under strict supervision within the Sannidhanam premises itself… If that be the case, there was no justification in detaching the panels alone and sending them outside. The same could have been very well done at the site itself. We are, therefore, of the firm view that the removal of the gold platings without prior written intimation, followed by their immediate transportation to Chennai, amounts to an unwarranted and irregular exercise. The requirement of prior intimation in writing to the Devaswom Commissioner is not a mere procedural formality; it is a vital safeguard intended to ensure proper checks and balances so that temple property remains adequately protected and is not subjected to waste, misuse, or loss.”

Advocates S. Rajmohan and Sayujya Radhakrishnan (Amicus Curiae) represented the Respondents.

Case Brief

In its report, the Sabrimala Special Commissioner stated that no intimation whatsoever was given to him prior to the removal of the gold plating from the "Dwarapalaka Idols" on either side of the Sreekovil, for purposes of maintenance. It was also reported that the removed parts were transported to Chennai for such maintenance, whereas ordinarily, repair of gold ornaments is carried out at the temple premises itself.

The Devaswom Board contended that what was removed are in fact gold-plated copper coverings over the "Dwarapalaka Idols", however, the Executive Officer was intimated by the Thanthri regarding the necessity of carrying out repairs. It was contended that the Special Commissioner was informed by phone on the morning of September 09,2023 and that a written communication was also issued on the same day

Court’s Observation

The High Court took note a previous order passed by it directing the Devaswom Commissioner and the Thiruvabharanam Commissioner to ensure that henceforth, all such activities in the Sreekovil of Sabarimala Sree Dharma Sastha Temple shall be undertaken only with prior intimation, well in advance, to the Special Commissioner, so as to enable him to file a report before this Court, if necessary, and to seek appropriate orders.

The Court said, “This Court had strongly deprecated such action on the part of the respondents and categorically held that the procedure adopted by the Board in effecting those repairs, after removing the ornaments from the Sreekovil without intimating the Special Commissioner, Sabarimala, was highly inappropriate.”

After considering the submissions by the Devaswom Board, the High Court observed that the action of the Board in detaching the gold-plated copper coverings over the idols without prior intimation to the Special Commissioner and without seeking appropriate orders from the Court cannot be countenanced.

“The letter first issued by the Thanthri requesting for carrying out repairs of the door was in the year 2023. This Court, as early as 20.06.2023, had deprecated similar conduct and had observed that such actions were highly inappropriate. The Devaswom Commissioner, the Executive Officer, and the Thiruvabharanam Commissioner were arrayed as respondents 4 to 6 in the said proceedings and were fully aware of the binding directions issued by this Court. If that be the case, we fail to understand the reason why they have proceeded to despatch the plates to Chennai without prior permission”, the Bench said.

Further, the High Court noted that ordinarily the practice of repair works took place in the Sannidhanam premises; and held that the removal of the gold platings without prior written intimation, followed by their immediate transportation to Chennai, amounts to an unwarranted and irregular exercise.

“The requirement of prior intimation in writing to the Devaswom Commissioner is not a mere procedural formality; it is a vital safeguard intended to ensure proper checks and balances so that temple property remains adequately protected and is not subjected to waste, misuse, or loss”, the Court added.

Accordingly, the High Court ordered the Devaswom Board to transport all the items sent to Chennai for repair work back to Sannidhanam since the same was carried out without proper intimation either to the Special Commissioner or to the High Court.

Cause Title: Suo Motu V. State of Kerala

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