Kerala High Court initiates suo motu case over trespass at Ponnambalamedu in Sabarimala

The Kerala High Court on Monday initiated a case suo motu (by itself) against the criminal trespass of certain unauthorized persons into the sacred ‘Kalthara’ of Ponnambalamedu, which is inside the core area of Periyar Tiger Reserve, a wildlife sanctuary, coming within the Pamba Range of Pachakkanam Forest Station [Suo Motu v Union of India & Ors.]..A division bench of Justices Anil K Narendran and PG Ajithkumar initiated the case taking note of a report filed by the Special Commissioner, Sabarimala regarding the said incident.The Court further directed the Senior Government Pleader to get instructions from the Deputy Director and the District Police Chief on the current status of the investigation into the said matter.“Having considered the report of the Special Commissioner, Sabarimala and also the submissions made at the Bar, we deem it appropriate to direct the learned Senior Government Pleader to get necessary instructions from the 9th respondent Deputy Director and also the additional 10th respondent District Police Chief on the present stage of the investigation in O.R.No.1 of 2023 and Crime No.127 of 2023,” the order said..The Court observed that according to the report by the Special Commissioner, a case has already been registered at Pachakkanam Station of Pamba Range, under provisions of the Wildlife Protection Act and the Kerala Forest Act.The Special Commissioner's report further said that a crime has also been registered in Moozhiyar Police Station for offences under Sections 295 (injuring or defiling a place of worship, with intent to insult the religion of any class), 295A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 447 (criminal trespass), and 34 (Act done by several persons with common intention) of the India Penal Code (IPC) and the investigation is ongoing..The Deputy Solicitor General of India appearing on behalf of the Central government, sought time to get instructions from the Ministry of Environment, Forest and Climate Change.The standing counsel for the Travancore Devaswom Board also sought time to get instructions from the concerned officials.The Court, therefore, posted the case for consideration on June 13..[Read Order]