Kerala High Court Seeks Investigation Status Into Alleged Trespassing Incident In Protected Area Of Ponnambalamedu Near Sabarimala

The Kerala High Court on Monday sought information regarding the present stage of investigation from the Deputy Director, Periyar West Division, and the District Police Chief, in the matter relating to the alleged trespass by some persons into the sacred 'Kalthara' of Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Senior Government Pleader was directed to get instructions in that regard from the said authorities.

The issue came to light after a video of certain persons performing a pooja at Ponnambalamedu surfaced online. The sacred area is also a part of the core zone of the Periyar Tiger Reserve. 

The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar initiated the suo motu case in the matter, and took action on the report of Sabarimala special commissioner. 

The Court noted that a crime had already been registered in the present case alleging commission of offence under Sections 295 (Injuring or defiling place of worship with intent to insult the religion of any class), 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 447 (Punishment for criminal trespass) and 34(Acts done by several persons in furtherance of common intention) of the Indian Penal Code and in respect of which the investigation was ongoing. 

The Court further noted that the Forest Department had also registered a case at Pachakkanam Station of Pamba Range, under Sections 27 (Restriction on entry in sanctuary) and 51 (Penalties for the contravention of the provisions of the Act) of the Wildlife Protection Act and Section 27(1)(e)(iv) of the Kerala Forest Act (Penalties for trespass or damage in Reserved Forests and acts prohibited in such forests), the report in respect of which had already been forwarded to the Judicial First Class Magistrate Court at Ranni. 

The District Police Chief, Pathanamthitta and the Station House Officer of Moozhiyar Police Station were suo motu impleaded as additional respondents by the Court. 

Upon the Deputy Solicitor General of India, as well as the Standing Counsel for Travancore Devaswom Board seeking time for getting instructions from the respondents, the Court posted the case for further consideration on May 24, 2023. 

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

Click Here To Read/Download The Order