Sabarimala: Govt moves SC against high court panel

Thiruvananthapuram: The state government filed a special leave petition before the Supreme Court on Thursday arguing that the high court was interfering in matters pertaining to Sabarimala, which were outside the domain of judicial review. The decision to move Supreme Court was taken after the high court appointed three observers in Sabarimala to oversee smooth conduct of the ongoing annual festival. TOI was the first to report on the decision to move SC in a news story published on Sunday.
As per the petition (accessed by TOI) submitted by the state government says, “The orders passed by the high court from time-to-time, including the impugned order with regard to Sabarimala, is a clear case of interference by the high court on matters outside the domain of judicial review particularly when the court has no judicially manageable mechanism to monitor day-to-day activities of the temple”.

In its order, the high court had referred to three notices issued by the police in Sannidhanam on November 16 while appointing the observers. The notices were issued by the police in Sabarimala to close down the aravana counter, annadanam counter and the accommodation facilities for the devotees at Sannidhanam after the temple closes every day, but, they were withdrawn. The court had pointed out that the conceding of withdrawal of such notices itself is a pointer to the fact that its issuance was not correct or sustainable.

The government petition argued that those notices were issued locally without the knowledge of higher-ups and were immediately withdrawn when it came to the notice of the government.

“The said orders appear to have been passed locally having regard to protest organized against the judgment of this court when the temple was opened on previous two occasions on October 17 for five days and on November 5 for one day. However, when the said orders came to the notice of higher authorities, it was withdrawn within an hour of the issuance. No other fault has been found by the high court in the police bandobast made for the safe pilgrimage of the devotees and yet a team of observers has been appointed conferring wide ranging powers effectively shredding all the powers of the state administration,” the state government said.

The government said that presently there are three high court-appointed committees, apart from devaswom ombudsman, functioning with regard to Sabarimala temple. All of them are being monitored by the high court on the judicial side by a designated bench for ‘devaswom matters’.

In addition to the ombudsman and the latest committee appointed by the high court, there are two other committees— a high-powered panel for implementation of the Sabarimala Master Plan, headed by former judge of the high court, and a special commissioner of the rank of an officer of the district judge. The court had appointed the panel comprising two retired high court judges P R Raman, S Siri Jagan and serving DGP and commandant general of fire and rescue services A Hemachandran, giving the committee “powers to take on the spot decisions or to give proper instructions to all concerned”.