Sabarimala Gold Loss: Kerala High Court Directs SIT To Investigate Into Larger Conspiracy Behind Misappropriation, Role Of TDB Officials
The Kerala High Court on Tuesday (October 21) observed that investigation into the alleged misappropriation of gold from the Dwarapalaka idols and side frames of the Sabarimala temple needs to be carried out under its direct and continuous supervision in order to ensure a fair, transparent and expeditious process.
It also directed that a thorough investigation be carried out into the larger conspiracy behind the misappropriation and to identify the Devaswom Board officials involved.
Today, the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar had interacted with the officers heading the Special Investigation Team (SIT) constituted by it and held the proceedings in-camera.
The Bench opined, "Court-monitoring in a matter of such sensitivity and where passion runs high shall help in moving the machinery of inquiry/investigation at appropriate pace and its conclusion with utmost expedition without fear or favour."
The SIT had also submitted a report before the Court regarding the investigation so far conducted. After perusing the report, the Court noted that two crimes have been registered in relation to the misappropriation with offences alleging those under Sections 403, 406, 409, 466 and 467 read with Section 34 of the Indian Penal Code.
It also noticed that perfunctory mahazars were prepared at times when the gold was entrusted to Mr. Unnikrishnan Potty and that even though the Travancore Devaswom Board officials were aware of the irregularities related to the same, the remained silent and concealed the misconduct.
The report also revealed that an email was sent by Potty seeking the TDB's concurrence regarding the utilisation of the 409 grams of gold extracted from the gold-cladded side frames for utilising it for the marriage of a girl. Another crime was registered for the offences under Sections 403, 406, 409, 466 and 467 read with Section 34 of the IPC in relation to the said incident.
After interacting with the officers in the SIT and the noticing the seizure of documents, the Court also recorded its appreciation regarding the investigation so far conducted. It further observed:
"Having gone through the report and the inputs received from the officers heading the SIT, we record our satisfaction at the manner in which they are proceeding with the investigation."
However, the Court thought it fit that a thorough investigation be conducted into the criminal conspiracy entered into to orchestrate the well-calculated crime. It laid down various reasons why it was probable that the TDB officials were hand-in-glove with the misappropriation of the gold, especially since the gold was entrusted to Mr. Potty for long periods of time, the gold was not weighed properly, the idols were misclassified as copper plates among other reasons.
It observed:
"we direct the Special Investigation Team (SIT) not to confine its inquiry to the Dwarapalakas and side frames alone. The investigation shall extend to uncovering the larger conspiracy, identifying the officials of the Travancore Devaswom Board (TDB) who may have colluded to conceal the misappropriation of gold from the gold-cladded plates, and determining whether the entrustment of the Dwarapalakas in the year 2025 formed part of a broader scheme to suppress the pilferage that occurred in 2019. The SIT shall examine every facet of the matter and ascertain the role and complicity, if any, of each officer of the TDB, from the highest echelons downwards."
In the interim order, the Court also referred to Section 15A(ii) of the Travancore-Cochin Hindu Religious Institutions Act, which lays down the supervisory powers of the Board over its employees. It further opined that each subordinate officer to the higher officials have a duty to protect the valuable belongings of the deity and that higher officials cannot wash off their hands by blaming their subordinates.
The Court felt that it would not be appropriate to pass further orders in the SSCR as some of the prospective accused were impleaded as additional proceedings in it. Therefore, it directed the Registry to register another suo motu writ petition with the orders already passed in the SSCR as Exhibits to enable the Court to pass further orders for a Court-monitored investigation. It clarified that the proceedings in the same would be in-camera.
The Bench also ordered the seizure of the Minutes Book of the TDB and to forward all the records seized during investigation, including the report submitted to the Registrar General for safe keeping.
The case is posted on November 5.
Case No: SSCR No. 23/2025
Case Title: Suo Motu v. State of Kerala