IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 25TH APRIL 2011 / 5TH VAISAKHA 1933 DBP.No. 52 of 2010() -------------------------- IN THE MATTER OF TRAVANCORE DECASWOM BOARD - COUNTING KANNIKKA AT SABARIMALA TEMPLE - SUGGESTIONS RECOMMENDED - REPORT NO.131/2010 SUBMITTED BY THE OMBUDSMAN - SUO-MOTU PROCEEDINGS INTIATED - REGARDING. .............. COMPLAINANT: ------------------ SRI.T.K. AJITH PRASAD, ASST. DEVASWOM COMMISSIONER, DEVASWOM COMMISSIONER'S OFFICE, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. RESPONDENT(S): -------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY NANTHANCODE, THIRUVANANTHAPURAM. 2. THE DAVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TDB - AUDIT, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, DHANALAKSHMI BANK, THRISSUR. R1-2 BY ADVS. SRI.V.KRISHNA MENON, SC FOR TDB SRI.V.V.NANDAGOPAL NAMBIAR,SC,TDB SRI.KRISHNAKUMAR MANGOTT,AMICUS CURIAE FOR OMBUDSMAN R3 BY GOVERNMENT PLEADER R4 BY ADV. SRI.C.K.KARUNAKARAN BY ADV. SRI.ANILKUMAR (AMICUS CURIAE) THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 25/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D.B.P. No. 52 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of April, 2011 O R D E R ~ ~ ~ ~ ~ ~ Thottathil B. Radhakrishnan, J. We have heard the learned counsel for the Travancore Devaswam Board, the learned Amicus Curiae on behalf of the learned Ombudsman and also Advocate D.Anil Kumar, who accepted the request to assist us in this matter. We have also heard the learned counsel for the Dhanalakshmi Bank. 2. Following the earlier directions, the Dhanalakshmi Bank has placed a detailed statement on record, indicating the manner in which we could get the involvement in counting and management of Hundis in DBP.52/2010 : 2 : Sabarimala. 3. We have also had the assistance and presence of the President of the TDB. 4. This DBP has been generated on a complaint by a Devaswam Board servant to the learned Ombudsman, stating that human right violations occur in the process of frisking and other security measures employed on each employee of TDB, who is involved in counting of collection of Hundis in Sabarimala. The complaint is that they are not permitted to wear undergarments and they suffered inhuman personal examination of the body. The learned Ombudsman has considered the complaints. He had also looked into the procedure adopted by the Thirumala Tirupati Devastanam in the State of Andra Pradesh as presented by the Commissioner of TDB. He has made certain recommendations in his report No.131/2010 in Complaint No.21/2010. DBP.52/2010 : 3 : 5. The Devaswam Board does not appear to accept the suggestion that the Dhanalakshmi Bank could be involved in counting coins and other offerings. As of now, we are inclined to accept the stand of the Board since, primarily, it would be the responsibility of the Board officials to ensure that the Hundis and offerings are appropriately counted. The Board suggests that it does not have any disciplinary control over the officers and staff of the Board and hence it may not be the feasible solution, in its managerial wisdom. At the same time, we also need to ensure, as noted in our earlier orders, that public confidence in the system is ensured and transparency has to be maintained. We note the submissions of the learned Amicus D.Anil Kumar that it is quite doubtful as to whether the entire offerings really go in as part of the collections which are accounted for. In our view, it would appear that, in so far as a common man is concerned, there is reasonable room to apprehend DBP.52/2010 : 4 : pilferage. Therefore, we have necessarily to ensure that all possible modes of pilferage are identified and checks are maintained to see that possible leakage of income and pilferage of offerings are curtailed. 6. The TDB submits that as of now they would immediately take action to provide space including by carving out space, within the temple premises, for the counting centre. The Board will necessarily consider the immediate re-location of the counting centre because any close circuit camera mechanism would not be possible in the present space because the counting room, as of now, has about 12 pillars. Therefore, it is appropriate that the counting room is re-located with such facility, which will provide control through camera and which will also provide clear vision for any person from outside by providing viewing panels of glass or similar material, the security concern, being predominated. We direct the Board to take immediate decision in this regard, having in DBP.52/2010 : 5 : consideration the requirement and the technical needs. We also direct the Board to consider suggestions (i) to (iv) and (vi) in the report of the learned Ombudsman, however, that the provisions for air conditioning will be resorted to only having regard to feasibility of such a system because of the quality and quantity of dust that would be generated in such a counting centre. It is also for the Board to consider alternate modes of regulating such issues. We also direct that, in so far as wearing of undergarments and dhothees is concerned (recommendation No.(vi) of the learned Ombudsman), the Board will craft appropriate uniforms for the counting staff and issue such uniforms with proper identity tags or marks, to each employee who is deputed for counting purpose. We further order that action taken in this regard shall be placed before the learned Ombudsman by the Devaswam Board within six weeks from now. We are also of the view that, comparing the requirements of security, frisking would not result in any human right violation and DBP.52/2010 : 6 : would not infringe any privacy rights of the individual. We, therefore, order that the frisking shall be appropriately done without, however, resulting in any situation which would be opposed to law. DBP ordered accordingly. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks/25.04 // True Copy // P.A. To Judge