Kerala High Court asks media to refrain from sensationalising Sabarimala gold loss case

The Kerala High Court on Friday asked the media to refrain from sensationalising the alleged loss of gold from the gold-plated copper plates covering the 'Dwarapalaka idols' (door guardian) at the Sabarimala temple. [Suo Motu v State of Kerala & ors]..A Division Bench of Justices Raja Vijayaraghavan V and KV Jayakumar observed that the Special Investigation Team (SIT) constituted by it has just begun its investigation into the matter. The Bench explained that while the public has the right to be informed of current issues by a free press, premature reporting rife with speculation would affect the probe as well as the rights of those accused in the matter. It also noted that the media seemed to be using soundbites from people with little knowledge of the matter."It is the right of the public to know current information which is served by electronic and print media. It is also understood that every person standing trial before a court is entitled to open, speedy, and fair trial. It cannot also be disputed that investigation is part of trial for the public and the public has a deep interest in trials. However what we have come to note is that people who have only a fleeting acquaintance with the matters are being interviewed by the media. Contradictory reports are placed in newspapers, print and electronic media," the Court observed. .The Court also noted that those armed with a mobile phone and video camera, but with little information, seem to be covering the matter too. "People who have access to a mobile phone or video camera are also telecasting matters which may infringe the rights of the accused as well as appropriate investigation into the matter. We exhort the media to refrain from indulging in sensationalising the issue," the Court said..The Court made these observations in an order passed today on suo motu proceedings initiated based on a report of the Sabarimala Special Commissioner. The report raised concerns regarding the fact that the gold-plated copper coverings were sent for repair works to Smart Creations, a Chennai-based firm, without prior intimation to the Court or commissioner.The TDB had removed the coverings and entrusted them to 'Smart Creations', a Chennai-based firm, for repair under the sponsorship of a devotee named Unnikrishnan Potti.The Court was particularly troubled by reports showing that 42.8 kg of items were handed over to Potti for delivering them to the firm but only about 38 kgs of items were recorded by the firm as having been received before carrying out the repair works.Subsequent vigilance reports revealed that gold-plated pedhams were recovered from the residence of Potti's sister. They also unearthed missing entries in the Thiruvabharanam diary (which documents gold ornaments offered by the devotees) as well as discrepancies in documentation of the record books maintained by the TDB.The report further highlighted serious discrepancies in TDB registers. Noting that the TDB registers lacked accuracy, the Court eventually appointed retired judge Justice KT Sankaran to oversee the conduct of a thorough inventory of all valuables at the Sabarimala temple.The Court also ordered an SIT probe into the matter.The Court was informed today that Justice Sankaran would visit the temple over the weekend. The Court proceeded to implead the State Police Chief into the matter. The Police Chief, who also heads the SIT set up by the Court, has been directed to register a crime and carry out a thorough investigation. The Court ordered the SIT to file fortnightly reports before it in sealed covers. The Court also reiterated an earlier direction to the SIT to refrain from speaking to the media about its probe. The case will be taken up again after 10 days. .Senior government pleader S Rajmohan appeared for the State.Standing counsel G Biju represented the Travancore Devaswom Board.Advocate Sayujya Radhakrishnan appeared as an amicus curiae for the Sabarimala Special Commissioner.Advocates R Sudhish and M Manju represented Unnikrishnan Potti..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.