Kerala High Court directs SIT to seize Travancore Devaswom Board's minutes book in Sabarimala gold loss case

The Kerala High Court on Tuesday directed the Special Investigation Team (SIT) probing the alleged loss of gold from gold-plated copper plates covering the 'Dwarapalaka idols' (door guardian) at the Sabarimala temple to seize the minutes book of the Travancore Devaswom Board (TDB) [Suo Motu v State of Kerala & ors].

A Division Bench of Justices Raja Vijayaraghavan V and KV Jayakumar passed the order while hearing the petition initiated on the basis of a report by the Sabarimala Special Commissioner raising concerns over the removal of gold plating from temple idols for sending them for repair works to Smart Creations, a Chennai-based firm, without first intimating the Court or the special Commissioner's.

The Court, which had earlier ordered a probe by a Special Investigation Team (SIT), clarified that the ongoing court-monitored supervision of the investigation was not intended to interfere with the probe but to ensure a fair and lawful inquiry.

"We deem it appropriate to state at the very outset that this Court has undertaken the monitoring of the investigation in this extraordinary case involving the pilferage of the sacred valuables of Lord Ayyappa, in a well-considered and calibrated manner.", the Court added.

Given the sensitive nature of the case, the Court has scheduled the next hearing in-camera while directing SIT to seize the minutes book of the Travancore Devaswom Board.

"In view of the grave nature of the offenses involved, we deem it necessary to direct the SIT to forthwith seize the Minutes Book of the TDB and to keep it in safe custody. Copies of the Minutes Book shall also be forwarded to the Registrar General, who shall ensure that the same is kept sealed and in safe custody," the Court added.

It also asked the Registrar General to keep the SIT report along with the seized minute's book of the TDB and the copy of other seized records by the SIT in a sealed cover.

The Court was hearing the proceedings in-camera thus restricting public and media access to the hearing.

The Court has been monitoring this matter since September, after reports revealed procedural lapses and discrepancies in the handling of the gold-plated copper plates by one Unnikrishnan Potti, the prime accused in the case.

It was under the sponsorship of Potti, a devotee, that TDB had removed the gold coverings. The same were then entrusted to Potti who then sent the items to a Chennai based firm Smart Creations for repair.

However, a discrepancy of around 4.54 kilograms was found between the weight of the items sent (42.8 kg) by Potti for repair and the weight of items received (38 kg) by the firm for repair.

The investigating officer of SIT personally appeared before the Court on Tuesday to submit an interim report in a sealed cover.

Referring to the report, the Court noted that two criminal cases were registered against Potti under Sections 403 (dishonest misappropriation of property), 406 (punishment for criminal breach of trust), 409 (criminal breach of trust by public servant/banker/merchant), 466 (forgery of record if court or public record), and 467 (forgery of valuable security) read with Section 34 (common intention) of the Indian Penal Code (IPC).

One case registered was over alleged irregularity in the entrustment of the gold-cladded idols and Peedams while the second case related to the unauthorised retention of about 409 grams of gold extracted from the side frames of the idols.

SIT's finding also revealed that key records and registers including Charge Mahazar Register, Devaswom Mahazar, and files relating to the maintenance of Dwarapalaka idols had been seized and were under examination.

In view of the  involvement of persons who could be potential accused, the Court directed the registry to institute a suo motu writ petition and array the State of Kerala, the Travancore Devaswom Board (TDB), the Chief Vigilance and Security Officer, the State Police Chief, and the Senior Deputy Director of the State Audit Department as respondents.

SIT officers heading the probe were directed to personally appear on the next date of hearing of the case.

Senior government pleader S Rajmohan appeared for the State.

Standing counsel G Biju represented the Travancore Devaswom Board.

Advocate Sayujya Radhakrishnan appeared as amicus curiae for the Sabarimala Special Commissioner.

Advocates R Sudhish and M Manju represented Unnikrishnan Potti.

[Read Order]