Kerala High Court closes contempt case against ADGP over unauthorized use of tractor at Sabarimala

The Kerala High Court on Wednesday closed suo motu proceedings initiated against Additional Director General of Police (Armed Forces Battalion), MR Ajith Kumar, for travelling on a police tractor along the Sabarimala trekking path in defiance of earlier court orders [Suo Motu v State of Kerala].

A Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar strongly disapproved of the officer's conduct.

"We deprecate in strong words the actions taken by a very senior officer of the police department," the Court said.

However, noting that disciplinary and legal steps have already been initiated, it closed the proceedings with directions to the Chief Police Coordinator and the Travancore Devaswom Board to ensure that such violations in the Sabarimala trekking path do not occur in future.

"However, since explanation has been sought for from the said officer by the DGP as well as crimes have been registered for the transgression, we are of the view that by issuing directions to the Chief Coordinator as well as the Devaswom Board to ensure that such incidents do not happen in the future, this SSCR is closed," the Court added.

The matter was initiated based on a report submitted by the Sabarimala Special Commissioner. 

The report had flagged incidents that occurred on July 12 and 13 when the ADGP used a Kerala Police tractor to travel to and from Sannidhanam for darshan at the Sabarimala Sree Dharma Sastha Temple.

The contempt of court proceedings arose from this report and initially came up for admission before a different bench comprising Justices Anil K Narendran and Muralee Krishna S on July 16.

The Special Commissioner had flagged the violation of a binding court directive issued on November 25, 2021 which reiterated an earlier 2014 order banning the use of tractors for carrying passengers, including police personnel, along the Swami Ayyappan Road.

The order had permitted tractors exclusively for transporting goods.

Despite this, the ADGP used the tractor while on official pilgrimage duty.

When the matter came up today before the bench of Justices Vijayaraghavan and Justice Jayakumar, the Chief Police Coordinator informed the bench that the ADGP had admitted to using the tractor on the said dates.

It was further submitted that the officer claimed he was compelled to use the tractor due to a health issue that developed while trekking.

The Court took note of the crime registered at Pamba Police Station against the officer, where he has been charged under several provisions of the Bharatiya Nyaya Sanhita, including Section 281 (rash driving) and Section 223 (disobedience of order by public servant), as well as Sections 66(1), 192A, and 123 of the Motor Vehicles Act, 1988, which deal with unauthorised use of vehicles and safety violations.

With the explanation on record and legal action underway, the Court held that no further proceedings were required and formally closed the matter.

[Detailed order awaited]