Temples Beacons Of Spiritual Solace, Must Not Be Diminished By Political Maneuvering: Kerala HC Dismisses Plea For Police Protection To Erect Saffron Flags Around A Private Temple
|The Kerala High Court had dismissed a Writ Petition filed by two individuals seeking police protection against some other individuals for erecting saffron flags and conducting some rituals in Muthupilakkadu Sree Parthasarathy temple, a private temple in Kollam District of Kerala.
While dismissing the Writ Petition, the Bench of Justice Raja Vijayaraghavan V held, "Temples stand as beacons of spiritual solace and tranquility, their sanctity and reverence being of paramount importance. Such hallowed spiritual grounds must not be diminished by political maneuverings or attempts at one-upmanship".
The Court found that the petitioners could not demonstrate any legitimate authority to conduct temple rituals and that they cannot be allowed to erect flags or festoons in or around the temple, in light of the decision taken by the administrative committee. "The actions and intentions of the petitioners are clearly at odds with the serene and sacred atmosphere to be maintained in the temple", the Court said in the Judgment.
Advocate PT Sheejish appeared for the petitioners while Advocate Mohan Lal B appeared for the party respondents and Government Pleader Appu PS appeared for the State.
The Petitioners had claimed that they had formed an organization by the name, “Parthasarathy Bakthajanasamithi,” aimed at the welfare of the temple and its devotees. They alleged that when they attempted to put up saffron flags on the temple premises during special occasions and temple functions, the respondents 4 to 6, by using their influence, prevented the petitioners from doing so.
The Petitioner prayed for a direction to the police to afford effective and appropriate police protection to their life to enable them to peacefully conduct the temple rituals and to decorate the temple premises with their flags without any obstruction by respondents 4 to 6 or any other person claiming under them.
The State opposed the petition contending that the prayer is to decorate the temple with flags and festoons associated with a certain political party. He argued that "allowing the temple to be used as a battleground for political one-upmanship would only destroy the peace and sanctity associated with the temple". He further submitted that there have been numerous clashes in the temple premises due to the actions of the Petitioners and that the temple's Administrative Committee has passed a resolution prohibiting the installation of flags, banners, etc., of any political parties or organizations within a radius of 100 meters. He relied on an earlier order of the High Court directing police to remove all flags, boards, banners, etc., erected by political parties/organizations/persons in the temple premises.
Accepting the arguments of the State, the Court dismissed the Writ Petition with the aforesaid observations.
R. Sreenath & Anr. v. The State of Kerala & Ors. [2023/KER/53254]
Click here to read/download Judgment