Kerala HC: Police cannot insist only politically neutral colours be used for temple festivals

Kochi (Kerala) [India], February 16 (ANI): The Kerala High Court on Thursday ruled that the District Administration or the Police cannot insist that only politically neutral-coloured decorative materials are used for temple festivals.

The judgements come while the Police restrained the temple authorities of Major Vellayani Bhadrakali Devi temple in Thiruvananthapuram from using only saffron-coloured decorative materials as part of the Kaliyoottu festival. The Court ruled this on a petition filed by the Major Vellayani Devi Temple Advisory Committee at Nemom in Thiruvananthapuram seeking necessary steps to ensure the use of saffron/orange coloured decorative materials at the temple premises and festival ground during Kaliyoottu festival at Major Vellayani Bhadrakali Devi temple.

It also sought to restrain the Inspector of Police, Nemom Police Station from interfering with the affairs of the Temple Advisory Committee and the devotees during the Kaliyoottu festival.

Division Bench of Justice Anil K Narendran and Justice PG Ajithkumar further ruled that “Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple, which is a temple under the management of Travancore Devaswom Board has to be conducted in accordance with the custom, rituals and practices of that temple. Politics has no role to play in the conduct of daily worship and temple ceremonies and festivals. 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.”

Court also made it clear that “Roads 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.

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 a 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 writ petition alleged that “On February 7, 2023, morning when the decoration work in the temple premises commenced, Inspector of Police orally directed the petitioners to stop the decoration work and laying of arches, festoons and tinsels with saffron colours, without any provocation, and demanded to provide multi-coloured decorations in the temple premises.”

The Inspector of Police, Nemom Police station has filed a counter affidavit that, “During previous years there were disputes between rival groups of devotees supported by political parties regarding putting up arches, flags, decorations, festoons etc. When that dispute was about to affect the law and order situation and the temple festival’s smooth conduct.”

The writ petition alleged that the District Magistrate and the Circle Inspector are creating trouble in the conduct of the temple festival, misusing their powers, under the influence of the local CPIM workers.”