Ernakulam: The Kerala High Court Monday orally suggested that the State consider enacting a comprehensive law to protect temple properties, with stringent penal provisions to address dereliction of duty and misappropriation.
The observation came during the hearing of bail pleas in the Sabarimala gold theft case, which has raised serious questions about safeguards governing temple assets.
Justice A. Badharudeen suggested while considering bail applications filed by former Travancore Devaswom Board (TDB) president A. Padmakumar, former TDB official Murari Babu and jeweller Govardhanan, all of whom are in judicial custody as accused in the alleged misappropriation of gold from the Dwarapalaka idols and doorframes at the Sabarimala temple.
Addressing the Additional Director General of Prosecution (ADGP), the court questioned why the State could not bring in specific legislation, tentatively referred to as a ‘Kerala State Devaswom Properties Protection and Preservation Act’, to ensure criminal liability for violations involving temple properties.
Justice Badharudeen observed that while the Devaswom Manual prescribes duties and procedures, violations of the manual alone invite only disciplinary action and do not constitute a criminal offence.
“Many instances of misappropriation are coming to light in temples with vast accumulated assets. Those entrusted with their protection owe a duty to believers. For that, there must be an enactment,” the court remarked, urging the ADGP to discuss the issue with senior officials and place a recommendation before the government.
The court reserved orders on the bail pleas. In the gold theft case, so far 12 people have been arrested, and all are in judicial custody.
It was the Kerala High Court which had appointed a Special Investigation Team (SIT) to probe the case, and they have named 15 people in the two different charge sheets that have been filed.
To compound issues, the Enforcement Directorate (ED) also stepped in and despite opposition from the Kerala government, a local court overlooked it and asked the SIT to share all the relevant case details.
The ED has also registered a PMLA case and the Kerala High Court is expected to give its verdict on a CBI probe into the theft in a plea filed by state BJP president Rajeev Chandrasekhar.
IANS
