Kerala HC orders registration of criminal case in connection with Sabarimala gold issue

KOCHI: The Kerala High Court on Friday directed the state police to register a criminal case in connection with the "misappropriation of gold" from the "side frame or lintels" of Sabarimala shrine and launch an investigation.

A bench of Justices Raja Vijayaraghavan V and K V Jayakumar issued the direction after going through the investigation report placed before it by the Chief Vigilance and Security Officer (Superintendent of Police).

The bench said that the probe was initially commenced with respect to the gold-plating of the 'Dwarpalaka' (guardian deity) idols in Lord Ayyappa shrine at Sabarimala, but the facts in the report "disclose serious malpractice regarding the door frames as well".

"The report indicates that a substantial quantity of gold, approximately 474.9 grams, was handed over to the donor, Unnikrishnan Potty. The records do not disclose that this gold was ever re-entrusted to the Travancore Devaswom Board (TDB)," it said.

The court also noted that according to the report, various communications and TDB decisions of 2019 regarding handing over of the door frames for gold-plating, describes the items as 'copper plates' and not 'gold-covered copper plates'.

"This discrepancy is a matter of serious gravity, particularly since in our earlier order we had recorded that a total of 30.291 kg of gold was utilised in the year 1998-99.

"Prima facie, serious lapses and derelictions on the part of Board officials are apparent and this warrants a thorough investigation on all aspects and fronts," the bench said.

The court further said that according to the report, a mahazar (official report) was prepared in May 2019 in connection with handing over the door frames to Potty for gold-plating and that document -- signed by Thantri Rajeev Kantararu, Melshanti V N Vasudevan Namboothiri and Sabarimala Administrative Officer B Muraribabu, among others -- also refers to the door frames as 'copper plates'.

"The handing over of gold-clad items mischaracterised as 'copper plates', the unauthorised extraction of gold from gold-clad plates, and the misappropriation of extracted gold, prima facie, constitute serious offences under the Bharatiya Nyaya Sanhita, 2023," bench said.

It directed that the vigilance report be placed before the Travancore Devaswom Board (TDB) which in turn was ordered to forward it to the State Police Chief.

The State Police Chief was asked to direct H Venkatesh, ADGP (Crime Branch and Law and Order) to register a criminal case in connection with the matter and launch an investigation.

ADGP Venkatesh is heading the SIT according to a government order issued on October 9.

"In view of the revelations concerning the side frames/lintel, these aspects shall also be investigated by the SIT, in addition to any further matters that may arise during investigation.

"It shall be open to the SIT to consider whether separate crimes are to be registered concerning the side frames," the court said.

It further said that it expects the SIT to "conduct a thorough, impartial, and expeditious investigation so that all persons having any role in theft, criminal misappropriation, or breach of trust are brought to justice".

"They shall leave no stone unturned in the matter. The officers of the team shall be directly answerable to this court and shall ensure that the investigation is conducted with utmost discretion and integrity," the bench said.

The SIT was also directed to file a report within six weeks and place status reports about the probe before the court once every two weeks.

The SIT was further directed not to divulge details of the probe to the public or the media till the investigation is over.

The court also issued directions with regard to the media reporting of the matter.

It approved the denial of sanction to media to enter the Sannidhanam premises when former HC judge Justice K T Sankaran will visit there to prepare the inventory as ordered by the court.

The court said that it would be failing in its duty if it did not address the "sensationalism" generated by segments of the print and digital media following its orders concerning the 'Dwarapalakas'.

It said it was concerned that even before the vigilance officer's report was placed before the bench, "purported 'conclusions' from it were splashed across front pages".

"..portions of the media appear to be conducting a parallel inquiry by interviewing persons of their choosing, including former officers and individuals against whom allegations have been raised, and disseminating their versions.

"Such coverage, aimed at garnering viewership, risks distorting facts, influencing public opinion, and ultimately prejudicing the investigation," the court said.

It said that while freedom of the press was vital, it cannot "mutate" into a parallel adjudicatory forum that overwhelms a court-monitored investigation.

"We request the media to adhere to the record and the orders of this court, eschew partisan narratives, and refrain from unnecessarily making heroes of individuals who are constitutionally or legally bound to discharge their duties conscientiously.

"Reporting of court orders may continue. However, parallel 'investigation' should not," the bench said.

The court pointed out that inaccurate or sensational reporting can be counter-productive and may interfere with the course of justice.

"It is not for the media to declare any person guilty or innocent, that function lies with the judiciary," it said.