Supreme Court Issues Notice In VHP’s Plea Seeking Permission To Operate Free Bus Services For Sabarimala Pilgrims

The Court has directed the petitioner to file an additional affidavit reiterating that it will render free service of pick up and drop without any intermittent halts and that the route in question is not a scheme route and the road in question belongs to the Devaswom Board.

As per the plea, the pilgrims wanting to reach the holy shrine of Ayyappa are forced to depend on KSRTC buses for their journey from Nilackal to Pamba and it was argued on behalf of the petitioner today that the buses that were offered were in dilapidated condition.

The VHP had offered to ply free bus services from Nilackal to Pamba and then back to Nilackal. It was stated that the free bus service will not halt midway or park at Pamba. However, a Division Bench of the Kerala High Court refused to grant permission for the same and dismissed the Writ Petition filed by VHP for the said purpose.

The Division Bench of the High Court held that granting a special permit to a contract carriage would tantamount to permitting stage carriage with corridor restriction. Therefore, the VHP challenged the judgment of the High Court before the Supreme Court.

A bench comprising Justice Surya Kant and Justice K.V. Vishwanathan today issued notice in the SLP. Senior Advocate V. Chitambaresh and Advocates Annie Mathew and Govind Venugopal appeared for VHP.

It was argued today on behalf of the VHP that the pilgrims were earlier allowed to go in private vehicles upto Pamba which is the foothills of Sabarimala. A further 4-kilometre trek up the hills is necessary to reach the holy shrine of Ayyappa.

But the entry of private vehicles was stopped 22 kilometres ahead of Pamba at Nilackal since the Covid period. The pilgrims were now forced to depend on KSRTC buses for their journey from Nilackal to Pamba. KSRTC was collecting a higher fare as ghat charges and festival charges. Serpentine queue of pilgrims could be seen in the KSRTC depot at Nilackal. A minor girl even died this time en route the hills this season due to the long wait.

As per the petition, the pilgrims in lakhs visiting Sabarimala every year, mainly consist of small kids aged below 10 years, differently-abled persons, senior citizens and also persons suffering from various ailments. It was further contended in the plea that it is a hectic job for them to catch KSRTC buses that are too crowded with pilgrims and after getting the bus to travel up to Pamba, causes serious hardship, both physical and mental strain. To add fuel to the vehicle, KSRTC is levying huge amounts from the pilgrims, for the transportation of pilgrims without even extending the requisite comfort and convenience to the pilgrims.

In the writ petition, it is alleged that the fare levied by KSRTC by providing JnNURM buses both A/C and non-A/C for Nilakkal-Pamba Chain service cannot be afforded by poor pilgrims. KSRTC is levying an extra fare of 25% as ghat roads and 30% extra fare towards festival charges. Moreover, the chain service of KSRTC is not up to the mark and the devotees had to travel by standing to such a long distance. Further, the buses will not be started from the destination without the same being full of standing passengers.

Having regard to the plight of the pilgrims at Sabarimala, the petitioner decided to offer the conduct of 20 contract carriage services, free of any cost to the pilgrims. The petition also substantiated its stand with examples of the Government of Punjab that had extended free fare to the Sikh pilgrimage centre, namely, Kartharpur, which is a shrine of the Sikh religion situated in Pakistan and free fare has been provided by the State Government. Likewise, the Government of Delhi is conducting free transportation of pilgrims from Delhi to Madura, Vrindavan, Agra, Fathepur Sikri, Haridwar, Rishikesh, Ajmeer and Vaishnavi Devi Temple in Jammu. The State of Goa is also extending free transportation of pilgrims to various religious places within the State.

Cause Title: Vishwa Hindu Parishad Kerala v. The State Of Kerala And Ors.