Police Can't Insist On 'Politically Neutral' Colour: Kerala HC On District Magistrate's Order Against Use Of Saffron Decorations In Temple Festival

The Kerala High Court has held that District Administration or the Police cannot insist that only ‘politically neutral’ coloured decorative materials are used for temple festivals.

The Court added that likewise, a worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board.

“Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. A worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. Similarly, the District Administration or the Police cannot insist that only ‘politically neutral’ coloured decorative materials are used for temple festivals.”, Justice Anil K.Narendran and Justice P.G. Ajithkumar held.

The Court made this observation while holding that the District Administration or the police cannot meddle with the power of the Travancore Devaswom Board in conducting Kaliyoottu festival, in accordance with the custom, rituals and practices of Major Vellayani Bhadrakali Devi Temple.

The Court was dealing with two petitions concerning the conduct of Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple, which is a temple under the management of the Travancore Devaswom Board.

One of the petitions was filed by the Temple Advisory Committee of Major Vellayani Bhadrakali Devi Temple seeking directions to ensure the use of saffron/orange coloured decorative materials at the temple premises and festival ground, during Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple.

The petitioners also sought to restrain the Police from interfering with the affairs of the Temple Advisory Committee and the devotees during Kaliyoottu festival.

The Second plea was filed by a devotee seeking directions to quash order of District Magistrate, Thiruvananthapuram, directing the use of only ‘politically neutral’ colours in the decorations made in connection with the festival in Major Vellayani Bhadrakali Devi Temple.

Advocates J.S.Ajithkumar and R. Krishna Raj appeared for petitioners whereas Senior Government Pleader S.Rajmohan and Standing Counsel G. Santosh Kumar appeared for Respondents.

The Court held that Kaliyoottu festival has to be conducted in accordance with the custom, rituals and practices of Major Vellayani Bhadrakali Devi Temple.

The Court further held that the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly, and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees.

In the counter affidavit filed by the 7th respondent-Inspector of Police, it was pointed out that arches and nadapanthals are erected crossing the public road in front of the temple and all decorations in those areas are done against the law laid down by the Court in Satheesh v. Travancore Devaswom Board.

The Court noted that in the case of Satheesh, the High Court had held that no political party or organisation can be permitted to encroach footpath or right of way of public roads.

“As held by this Court in Satheesh [2022 (1) KLT 940] roads constructed as per the specifications and standards prescribed by the Indian Roads Congress are for vehicular traffic, which cannot be converted as a parking space for commercial or other establishments, religious institutions, etc., or even for putting up temporary structures in connection with festivals in temples, churches, mosques, etc.,…”, the Court noted.

The Court held that any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act.

Cause Title- Major Vellayani Devi Temple Advisory Committee & Anr. v. State of Kerala & Ors.

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