Kerala High Court Issues Direction To Prevent Unauthorized Entry In Ponnambalamedu Area Of Sabarimala

The Kerala High Court on Wednesday directed the Deputy Director, Periyar West Division to prevent unauthorized entry of anyone near Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Deputy Director was further directed to file an affidavit stating the measures that could be taken to prevent such unauthorized entry of persons within 10 days. 

Certain persons had allegedly trespassed into the sacred 'Kalthara' of Ponnambalamedu, and performed pooja in the protected area. The issue came to light after a video of the same surfaced online. The Court had initiated a suo motu case in the matter, and took action on the report of Sabarimala special commissioner.

The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar, in this light, went on to hold that no employee of the Kerala Forest Development Corporation shall be deployed for any purpose, in and around Ponnambalamedu area.

"A real time monitoring system near Ponnambalamedu shall be implemented around Ponnambalamedu by the 9th respondent Deputy Director, after considering its technical feasibility, and a decision in this regard shall be taken within a period of one week," the Court added. 

The Court was informed by the Senior Government Pleader that the Devaswom Commissioner of the Travancore Devaswom Board had lodged a complaint before the State Police Chief, which was thereafter transferred to Moozhiyar Police Station, through the Deputy Superintendent of Police, Konni, for legal action, and pursuant to which crime had been registered.

The Senior Government Pleader submitted that in view of the notification issued under Section 83(1) of the Kerala Police Act, 2011, Sabarimala and its vicinity are declared as Special Security Zone, and that Ponnambalamedu also falls within this Special Security Zone. "Access to Ponnambalamedu has been restricted and the same is even accessible to Devaswom officials only for lighting Makaravilakku, that too under the bandobast of the Kerala Police and surveillance of the Forest officials," he added. 

The Special Government Pleader (Forest) submitted that a case has already been registered at Pachakkanam Forest Station, against Narayana Swami and his accomplices for allegedly intruding into Ponnambalamedu for conducting the pooja, and that three persons had already been arrested in the matter. The Court was also informed that at various places around Ponnambalamedu, camera trapes were being erected occasionally by the Deputy Director. 

The Court directed the District Police chief, who is monitoring the investigation conducted by the Station House Officer to file another affidavit apart from the aforementioned, explaining the progress of the investigation, within 10 days.

The matter has been posted for further consideration on June 13, 2023. 

Case Title: Suo Motu v. Union of India & Ors. 

Click Here To Read/Download The Order