SREENI PATTATHANAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by two persons claiming to be the General Secretary of the 'Bharatheeya Yukthivadi Sangham' and General Secretary of 'Manavavedi' respectively. They seek a declaration that the participation of the Government of Kerala through any one of its departments like Police, Forest, Revenue, Electricity etc. in a superstitious religious event is unconstitutional and violation of Article 27 of the Constitution of India. Petitioners further seek a direction to the respondents not to forbid the petitioners or similar bodies or media from conducting an enquiry in terms of Article 51-A of the Constitution of India to find out whether 'Makarajyothi' is a divine or super human miracle or only man-made to find out the truth and inform the public about it. They plead that a superstitious religious event called 'Makarajyothi' is being performed and it is not a super human phenomenon.

(2.) The State Government have filed a statement prominently pointing out that matters relating to 'Makarajyothi' falls purely within the realm of religious faith and it is part and parcel of religious rites, tradition, custom etc. attached to Sabarimala temple and that no enquiry of this nature sought for by the petitioners is required. The General Secretary of Sabarimala Ayyappa Seva Samajam and the Nair Service Society are impleaded as additional respondents. Their affidavits filed supporting the impleading petitions are before us. We have the counter affidavit of the 4th respondent Travancore Devaswom Board, for short, the 'TDB' through its Secretary. The Government further states that earnest efforts are being taken for proper crowd management and implementation of the Sabarimala Master Plan including disaster management.

(3.) TDB is constituted under the provisions of the Travancore Cochin Hindu Religious Act, 1950. It is a trustee which holds the assets of the temples and their administration in trust. The administration of the different incorporated and unincorporated devaswoms and other institutions falling under Section 3 of that Act stands vested in it. It is also involved in managing the affairs of the temples. This includes appropriate trusteeship support for the rituals and practices in connection with the temples, under the guidance of those who are authorised by the religious tenets to provide advice in that regard. This brings in the requirement for identities like thantries, Santhikars etc. apart from other advisors that the TDB may have. While the TDB exercises its authority and discharges duties and responsibilities as trustee, the resonance of faith and belief as recognized under the Constitution, particularly in Articles 25 and 26 thereof, cannot be obliterated by any mechanism of administration referable to the statutory provisions made under a secular Constitution. This is why the safety valves are put in place through Articles 25 and 26 of the Constitution to ensure comity in the society as a whole. Such being its role, TDB is the competent authority to speak on the issue unless there is any reliable conflicting opinion.