Police Cannot Insist On 'Politically Neutral' Colour Decorations For Temple Festivals: Kerala High Court

The Kerala High Court on Tuesday held that the District Administration or the Police could not insist that only ‘politically neutral’ coloured decorative materials be used for temple festivals. It added that a worshipper or devotee also has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. 

"Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. A worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. Similarly, the District Administration or the Police cannot insist that only ‘politically neutral’ coloured decorative materials are used for temple festivals. The District Administration or the police cannot meddle with the power of the Travancore Devaswom Board in conducting Kaliyoottu festival in accordance with the custom, rituals and practices of that temple", the Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed. 

It went on to hold however, that, 

"in case there is an apprehension of any untoward incident in the temple premises or in the near vicinity of the temple, that may hamper the law and order situation, which would affect the smooth conduct of the festival, the District Administration and the police shall take appropriate steps to ensure that law and order in the temple premises and in the near vicinity of the temple is maintained properly". 

The Court in this case was dealing with two writ petitions that had been filed challenging the orders of the District Magistrate and the Police directing the use of only ‘politically neutral’ colours in the decorations made in connection with the Kaliyoottu festival in Major Vellayani Bhadrakali Devi Temple. One of the petitions had been filed by the Temple Advisory Committee, while the other had been filed by a devotee. 

In the counter affidavit that had been submitted by the Inspector of Police, Nemom Police Station (7th respondent), it had been pointed out that during previous years there were disputes between rival groups of devotees supported by political parties regarding putting up of arches, flags, decorations, festoons, and so on. It was when the dispute was about to affect the law and order situation and also the smooth conduct of the temple festival, that the District Magistrate issued an order dated March 3, 2017, under Section 81 of the Kerala Police Act, 2011, directing the District Police Chief to remove all flags, banners, flex boards, festoons and other decorative works put up in public property and also on public roads. When there also arose another dispute between the local people regarding the colour used in the decorative works, another order was issued by the District Magistrate dated February 10, 2023, directing the use of only ‘politically neutral’ colours in the decorations made in connection with the temple festival. It was averred that the police had not made any restrictions in using saffron in the rituals, but had only insisted to use saffron with other colours in the decorations in public places.

It was further pointed out that arches and nadapanthals were erected crossing the public road in front of the temple and all decorations in those areas were against the orders of the Court, and that such activities of the temple could not be permitted as those would affect the safety of the general public using that road. It was pursuant to the order of the District Magistrate that the Inspector of Police, Nemom Police Station had issued a notice dated February 10, 2023, directing compliance with the directions in the order. 

The Court in this case perused the Travancore-Cochin Hindu Religious Institutions Act, and discerned that as per the provisions of the same, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. It also noted the decision in Anil Kumar A.G. v. Travancore Devaswom Board & Ors. (2020), where the Division Bench of the Kerala High Court had held that police authorities are empowered to take appropriate measures to keep the law and order situation in the area where the festival is to take place, but at the same time, it could not with the conduct of the festival. 

It is in this context that the Court arrived at the finding that the Kaliyoottu festival ought to be conducted in accordance with the custom, rituals and practices of that temple, and held as aforementioned. 

As regards the averments that arches and nadapanthals had been erected crossing the public road in front of the temple and all decorations in those areas were against the law laid down by the Court, it noted that in Satheesh (2022), the Court had declared that roads constructed as per the specifications and standards prescribed by the Indian Roads Congress are for vehicular traffic, which cannot be converted as a parking space for commercial or other establishments, religious institutions, etc., or even for putting up temporary structures in connection with festivals in temples, churches, mosques, etc., or for putting up temporary structures as resting place for headload workers, etc., or for putting up bus shelters by political parties or by any other organisations.

It discerned that despite the enactment of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011 by the State Legislature and the law laid down by the Apex Court and the High Court in various precedents, the State, Local Authorities and the law enforcement machinery had not taken necessary steps to to ensure strict enforcement of the relevant statutory provisions and the Guidelines for Pedestrian Facilities formulated by Indian Roads congress to prevent encroachment of any nature. 

"The State holds public roads as a trustee on behalf of the public. By permitting encroachments on public roads by way of temporary structures on the right of way or on the pavements or on the pedestrian facilities provided on such roads, on political considerations or otherwise, the State Government or the concerned Local Self Government Institution is committing breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act", the Court ruled. 

It therefore held that the law as laid down in the Satheesh Case (2022) , ought to be followed in letter and spirit, during the temple festival, and accordingly, disposed the petitions. 

Case Title: Major Vellayani Devi Temple Advisory Committee & Anr. v. State of Kerala & Ors. and Sreeraj Krishnan Potti M.S. v. Travancore Devaswom Board & Ors. 

Citation: 2023 LiveLaw (Ker) 85

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