Kerala High Court orders FIR against man who solicited funds from public for idol installation at Sabarimala

The Kerala High Court on Wednesday directed the Chief Police Co-ordinator at Sabarimala Lord Ayyappa temple to ensure that a first information report (FIR) is registered against a private individual who solicited funds for installation of an idol at the temple [Suo motu v. State of Kerala & Ors.].

The case concerned Dr. EK Sahadevan, who was given permission by the Travancore Devaswom Board (TDB) to install a panchaloha (five-metal) idol at Sabarimala. He was found to have solicited funds from the public claiming sanction from the Travancore Devaswom Board (TDB) and the State government.

A Division Bench of Justices Anil K Narendran and Muralee Krishna S pulled up TDB for its inaction, observing that if funds had indeed been solicited for idol installation, the board ought to have filed a police complaint.

"What is the action taken by the Board apart from what was directed by us?" Justice Narendran asked.

Since substantial amounts had already been credited to a bank account listed in the pamphlet circulated by Sahadevan for soliciting funds, the Court directed the police to take urgent action.

"Since the concerned official of the [Travancore Devaswom] Board has not filed a complaint before the SHO, Pamba Police Station, we deem it appropriate to direct the Chief Police Coordinator to ensure that a crime is registered, necessary steps are taken, and the amount credited is not withdrawn by any person or the 7th respondent (Sahadevan) in the name of Rotary Freedom India Trust," the Court's order stated.

The order was passed in a matter initiated by the Court on the basis of a report submitted by the Sabarimala Special Commissioner drawing the Court's attention to a pamphlet circulated by Sahadevan seeking public donations for the idol installation, displaying a bank account number, QR code and mobile number.

The pamphlet announced the installation of a 2 foot tall, 108 kg idol at an estimated cost of ₹9 lakh. The bank account included in the pamphlet was stated to be in the name of 'Rotary Freedom India Trust'.

To a query from the Special Commissioner, the Tantri stated that he had no knowledge of any such idol installation. The Tantri also said that placing another idol within the temple premises would be contrary to rituals and could affect the sanctity of the main deity.

Therefore, the Commissioner urged the Court to conduct an immediate inquiry and issue strict directions to prevent such unauthorised practices at the temple.

The Court directed the Travancore Devaswom Board to issue an advisory on the 'virtual-Q' platform making it clear that the Board had not authorised anyone to install an idol or collect money for such purposes at Sabarimala.

Since Sahadevan failed to appear before the Court after notice was issued to him via email, the Court directed that a fresh notice be issued to him via speed post.

The matter will be taken up next after two weeks.

Advocate Sayujya Radhakrishnan appeared as Amicus Curiae for the Sabarimala Special Commissioner.

Senior government pleader S Rajmohan appeared for the state.

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