Right To Worship Is A Civil Right To Be Exercised In Accustomed Manner, Subject To Practice & Tradition In Each Temple: Kerala HC

The Kerala High Court has held that the right to worship is a civil right to be exercised in an accustomed manner and subject to the practice and tradition in each temple.

The Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar made this observation while deciding a suo motu proceedings involving the entry of a former Administrator and 2 members of Guruvayur Devaswom Managing Committee, into the Nalambalam of Guruvayur Sree Krishna Temple when there was an absolute restriction to the entry of devotees.

The Court deprecated the conduct of the managing committee for not taking any action on the entry of a former Administrator and 2 members of Guruvayur Devaswom Managing Committee into the Nalambalam.

"The Managing Committee committed a grave irregularity in not taking any action on the entry of additional respondents 5 to 7 and also the then Administrator into the Nalambalam on 14.04.2021, in violation of Decision No.2 dated 12.04.2021," the Court held.

The then Administrator of the Guruvayur Devaswom Managing Committee had made a complaint to the Registrar of the High Court and to the Police regarding the entry of aforesaid persons into the Nalambalam of Guruvayur Sree Krishna Temple, in violation of the decision taken by the Managing Committee.

It was further submitted that the Committee later resolved to withdraw the said complaint before Police since it was found that the contents of that complaint did not appear to be fully correct. Since the complaint was withdrawn, no further action was taken by the police on that complaint.

It was also submitted that neither the 2 members of Guruvayur Devaswom Managing Committee nor the former Administrator were prevented from their entry into the Nalambalam for Vishukani darshan by any security officials in the temple.

The Counsel for the 2 members of the managing committee-additional respondents, pointed out that Breeja Kumari, the then Administrator of Guruvayur Devaswom was standing in front of Thrippadi when the additional respondents entered into the Nalambalam for Vishukani darshan. It was submitted that she did not raise any objection to their entry into the Nalambalam for Vishukani darshan.

Senior Advocate appearing for the former administrator of the managing committee submitted that his entry into the Nalambalam for Vishukani darshan was unintentional and that act was not willful to flout the directions.

The Court observed that a decision was taken by the Managing Committee, not to permit entry of devotees inside the Nalambalam. The Court further observed that the Covid protocol prevalent at the relevant point of time did not permit entry of anyone inside the Nalambalam except the Santhies, Thantri and a few selected employees.

The Court held that when such a decision was taken as a Covid-protocol it had to be adhered to strictly. The Court noted that the Guruvayur Devaswom Managing Committee, the Administrator and the Commissioner were enjoined with the duty to administer, control and manage the affairs of the Temple, its properties and endowments.

The Court observed that it was not disputed that 2 members of Guruvayur Devaswom Managing Committee, and the former Administrator of Guruvayur Devaswom had entered into the Nalambalam of Guruvayur Sree Krishna Temple for Vishukani darshan.

The Court further observed that it was also not disputed that their entry into the Nalambalam for Vishukani darshan was in violation of the restriction imposed by the Managing Committee.

The Court noted "Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple. A 'worshipper', who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to the practise and tradition in Guruvayur Sree Krishna Temple."

The Court held that when entry into Nalambalam was restricted based on the decision taken by the Managing Committee the members of the Managing Committee, the Administrator and also the hereditary employees cannot be permitted entry into the Nalambalam.

The Court further held that They were bound to obey any such restrictions imposed by the Managing Committee.

The Court noted that on one occasion, a Judge of the High Court had waited for Vishukani darshan at Vathilmadam till 4.30 a.m. around the same period, without entering into the Nalambalam, due to the restriction imposed based on the decision of the managing committee.

And to that end the Court held "The said fact would make it explicitly clear that instructions were given to the officers in the temple and also those in Sreevalsam Guest House about the decision taken by the Managing Committee imposing absolute restriction on the entry of devotees into the Nalambalam for Vishukani darshan, including members of the Managing Committee, VIPs, etc. Therefore, we find absolutely no merits in the contention of additional respondents 5 and 6 that, they were unaware of Ext.R2(a) decision restricting entry into the Nalambalam for Vishukani darshan."

The Court also noted that "If, as stated in the individual affidavits filed by additional respondents 5 and 6, their entry into the Nalambalam for Vishukani darshan was not prevented by the security staff in the temple, it can only be concluded that such restrictions imposed by the Managing Committee are being flouted openly by the members of the Managing Committee, in the presence of the security staff in the temple."

The Court observed that the Managing Committee had committed grave irregularity in not taking any action against those who had entered into the Nalambalam.

"The decision taken by the Managing Committee to withdraw the complaint made by the Administrator and the consequential closure of that complaint by the 4th respondent Station House Officer was never brought to the notice of this Court, despite the fact that the Administrator had already reported that incident to the Registrar General of this Court. We strongly deprecate the above conduct of the Managing Committee, which amounts to its failure to discharge the statutory duties," the Court held further.

The Court also held that the practise of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadapathal, with the active support of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect. This was with reference to an incident of September 2021 when the vehicle of movie star Mohanlal and a few other VIPs were permitted to enter the northern gate, accompanied by a member of the Managing Committee.

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