Kerala Minister Seeks Greater Freedom From Judicial Intervention in Temple Affairs

Kozhikode: Kerala Devaswom and Health Minister K Muraleedharan on Monday said the state government was not seeking a confrontation with the judiciary, but required greater freedom to function, particularly in matters relating to temple administration.

He was responding to reporters' queries about his earlier remarks that there was a need to examine whether such extensive judicial intervention in the affairs of temples was warranted.

"The government is not here to clash with the court. But at the same time, the rights of the government must be protected," he said.

Referring to the Sabarimala gold theft case, Muraleedharan said the government was unable to take any further steps as the Kerala High Court had entrusted the probe to a Special Investigation Team (SIT).

"The government is currently unable to adopt any means to uncover this gold theft incident in Sabarimala. The High Court has entrusted the probe to the SIT. It has not filed the charge sheet. In such a situation, the government is unable to do anything," he said.

The minister recalled that the issue had figured prominently during the Assembly election campaign.

"During the last election period, the phrase 'Who stole the gold?' became widely discussed. But if that case has to be proved, either the SIT should file the charge sheet or the court should direct that it be filed within a specified time. Neither has happened," he said.

He said prolonged delays in filing the charge sheet could ultimately benefit the accused.

"By the time the charge sheet is filed, the chances of the accused escaping are very high because those who are experts at stealing gold would also be experts at destroying evidence. It is because the government is standing in such a helpless situation that I made those remarks yesterday," he said.

Muraleedharan said the issue was not limited to the gold theft case but extended to the administration of the Travancore Devaswom Board.

"If there are errors in government decisions, the court can certainly intervene. Courts have delivered judgments both in favour of and against the government. We have accepted those verdicts," he said.

The minister pointed out that while the government was empowered to appoint the Commissioners of the Cochin and Malabar Devaswom Boards, the procedure was different in the case of the Travancore Devaswom Board.

"In the case of the Travancore Devaswom Board, a panel has to be prepared and submitted to the High Court, and the final decision is taken by the court. These are the shortcomings we pointed out. It is not defiance or disrespect towards the judiciary," he said.

According to him, the government's view is that it needs some freedom.

"If the government commits mistakes while exercising that freedom, the court can certainly intervene and correct them. But the right to take the decision should belong to the government. That was what I intended to convey yesterday," he added.

Asked whether the government was considering raising the issue in the Assembly, Muraleedharan replied in the negative.

"No, that has not been thought about at the moment. As I said, the government is not there to clash with the court. But at the same time, the rights of the government must be protected," he said.

Responding to a question on BJP leader KS Radhakrishnan's demand that the Thazhamon family be removed from the position of Sabarimala Thanthri, Muraleedharan said the issue was not before the government and was for the Travancore Devaswom Board to decide under the existing legal framework.

"According to the present law, the right belongs to the Thanthri family. However, a situation has arisen where the present Thazhamon Thanthri is under a shadow of doubt. He himself said he could be replaced by his son. The Devaswom Board has not taken a decision and has instead left the matter to the High Court," he said.

When pointed out that the Board itself had the authority to decide the issue, the minister agreed.

"Yes, the Board can take the decision. It was a mistake on the Board's part to refer the matter to the High Court. The Board shirked its responsibility," he said.

He said a Thanthri was required for the poojas, but instead of making a decision, the Board chose to rely on court intervention.

"Using the court's involvement as a reason, the Board avoids responsibility and the government is unable to do anything. This situation has to change," he said.

Replying to another question on alleged financial irregularities in the Kerala Social Security Mission's Break the Chain project during the COVID-19 period, Muraleedharan said three senior IAS officers had been entrusted with examining the procurement of equipment and other related matters over the past 10 years.

"The Principal Secretary, Health, the Additional Secretary, Health, along with the NHM Director, the Director of Medical Education and the Director of Health Services, have been entrusted with the inquiry. They have been asked to submit a report within two weeks. Let us wait for that report," he said.