No Mass Drill Or Weaponry Practices To Be Permitted In The Premises Of Sree Sarakara Devi Temple: Kerala High Court Directs Police
The Kerala High Court has issued a directive instructing the police authorities to prevent any activities related to mass drills or weapons training on the premises of the Sree Sarakara Devi Temple in Chirayinkeezhu, Kerala. The writ petition was filed by two devotees who were nearby residents of the temple, which is managed by the Travancore Devaswom Board. They sought a writ of mandamus under Article 226 of the Indian Constitution to ensure a peaceful atmosphere in the temple, protect the sanctity of the 'Sanctum Sanctorum,' and uphold their 'right to worship' as guaranteed by Article 21 of the Constitution.
A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar directed the Devaswom Commissioner and the Administrative Officer to strictly enforce the prohibition against such activities in the Sree Sarkara Devi Temple premises. “No mass drill or weaponry practices shall be permitted in the premises of the said temple, which is under the management of the Travancore Devaswom Board.”, the Court added.
The petitioners were concerned about the illegal encroachment and unauthorized use of the temple premises by individuals claiming to be members of the Rashtriya Swayam Sevak Sangh (RSS) for conducting mass drills and weaponry training during specific hours. The Devaswom Board had issued circulars to prevent such activities, but the petitioners claimed that these were not effectively enforced.
Advocate Nikhil Sankar appeared for the Petitioners and Advocate G. Biju appeared for the Respondents.
The Court reviewed various legal provisions related to the management and administration of temples under the Travancore Devaswom Board. It emphasized that the primary duty of the Board is to manage temple properties and affairs, including the conduct of worship and ceremonies according to temple customs. The Court emphasized the importance of the right to worship as a fundamental right guaranteed under Article 21 of the Constitution of India.
The Court clarified that Temple Advisory Committees, consisting of eligible devotees, should assist the Board in ensuring the smooth functioning of temple activities and festivals in accordance with temple traditions. However, the use of temple premises for activities such as mass drills or weaponry training by devotees or any other group is not permitted.
“The temple premises of Sree Sarkara Devi Temple cannot be used for conducting mass drill or weaponry training by the devotees or a group of persons.” the Court added.
The Court directed the Devaswom Commissioner and the Administrative Officer to strictly enforce the prohibition against such activities in the Sree Sarkara Devi Temple premises, as stated in the circulars. The Chirayinkeezhu Police Station Officer was also instructed to assist in ensuring compliance with these circulars. The petition was disposed of.
Cause Title: G. Vyasan & Anr. v. State of Kerala & Ors., [2023:KER:52256]
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