Sabarimala Gold Loss: Kerala High Court Asks SIT To Examine If Prevention Of Corruption Act Is Applicable Against TDB Officials

The division bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar observed that the entire chain of events points to systematic and deliberate misappropriation of temple assets executed under the guise of renovation and restoration.

In its earlier order dated October 21, 2025, the Court had recorded its apprehension that the sequence of events beginning in 2019 and culminating in the latest entrustment in 2025 formed part of a well-orchestrated and premeditated scheme.

Today, when the matter was taken up, the SIT officers appeared before the Court and were heard in camera.

The Bench took serious note of the fact that the minutes book of the Travancore Devaswom Board (TDB) showed entries only up to July 28, 2025, and that the subsequent decisions, including the crucial order dated September 2, 2025, permitting the gold plating of the dwarapalakas, were not recorded. The Court termed this omission a matter of “serious gravity,” suggesting procedural violations in the Board's decision-making process.

The Court observed that substantial quantities of gold were allegedly removed from the originally gold-clad idols, pedestals, and door frames during the 2019 works, and that only a superficial gold plating was subsequently carried out. When the plating began to fade, the artefacts were clandestinely transported to Chennai under the pretext of recladding, apparently to conceal discrepancies.

“It now appears that after removing substantial quantities of gold from the originally gold-cladded dwarapalakas, peedams, side frames and doors. The perpetrators conducted superficial gold plating, using only minimal quantities of gold, when only thin abrating, inevitably faded and revealed discrepancies, an attempt was made to cover up the earlier .. by clandestinely transporting the artefacts to Chennai under the pretext of recladding.” the bench remarked.

The Court directed the SIT to undertake scientific weighing and sampling of the dwarapalaka idol plates, side doors, frames, and copper plates to determine the actual loss of gold. Samples are also to be taken from other gold-plated surfaces in the temple premises for comparison.

The Court noted how the officials of TDB allowed Unnikrishnan Potty to undertake repair works of the main 'Sreekovil' door and associated artefacts under the pretext of sponsorship. The Court further noted that in 2018 Mr. Potty brought to the Sannidanam a carpenter to take measurements of the main door for maintenance. Despite clear stipulations in the Devaswom Manual that such works must be done under the supervision of the Maramath Department, the Board gave Mr. Potty “free rein” over sacred artefacts.

“As to practice, and the manual, the repair of the Sreekvoil can only be carried out under the Strict Supervision of the Maramath Department. In the case on hand, a free ring was given to Mr. Potty to carry out the work of the main door.” the Court observed.

The Court recounted that gold-plating works were carried out in Chennai in March 2019, using 324.400 grams of gold. However, significant discrepancies were later found in the weight of the artefacts returned to the temple, suggesting substitution or depletion of gold.

The Court noted that the Devaswom Vigilance Department had seized two peedams from the residence of Mr. Potty's sister, indicating unauthorized possession of temple property. The Court noted that the ease with which Mr. Potti was permitted to access and replicate temple artefacts pointed to “calculated deceit,” comparing the modus operandi to that of international art smugglers.

“It is now clear that Mr. Potty and his associates were granted unrestricted access by complicit officials, enabling him to take precise measurements and fabricate, replicas of sacred artefacts. Such replicas crafted under the guise of temple works could readily be sold in International markets at astronomical prices. A well documented, modus operandi of art smugglers and conman worldwide, this bears disturbing, resemblance to the operations of notorious figures like Shubash Kapooor, the international temple art thief, who similarly exploited religious… to loot and traffic priceless heritage objects.” the bench observed.

The Court also found that despite explicit directions prohibiting the removal of sacred artefacts without court permission, the Board once again authorized the transport of dwarapalakas to Chennai in late 2024 and 2025.

“It must be borne in mind that this Court had explicitly directed that under no circumstance, such sacred artefacts be removed and repaired without prior intimation to the Special Commissioner…..The Officers of the Board were fully aware that Mr. Potty was a person who had retained the left over gold amounting to approximately 474. 97 grams. Nevertheless, in flagrant disregard of statutory and and judicial mandates the board proceeded to approve the removal artefacts, thereby acting in conscious violation of directions issued by this Court.” the bench remarked.

The Court noted that despite the purported urgency the dwarapalakas were never taken for repair before the commencement of temple season on 15/ 11/ 2024, which concluded in January 2025.

“This, by itself, clearly demonstrates that the plea of urgency was contrived, lacking in bonafide and intended only to circumvent the judicial and statutory safeguards in place.”

The Bench observed that these actions, taken in conscious disregard of judicial orders and statutory provisions, suggested complicity among certain Board officers.

The Court directed the SIT to widen its probe to include the entrustment of the Sreekovil main door works in 2018–2019, as well as the September 2025 decisions of the Board. The investigation shall also consider whether offences under the Prevention of Corruption Act, 1988 are attracted in the facts and circumstances of the case.

Referring to the Supreme Court's ruling in A. Gopalan Krishnan v. Cochin Devaswom Board, the High Court reiterated that temple property must be protected and preserved by trustees as fiduciaries on behalf of the deity and devotees.

“From every official who played any role, whether by authorising, facilitating, or willfully overlooking these violations and thereby aided and abetted the commission of the act rendering themselves jointly and severally liable for the misappropriation of sacred property entrusted to their care.” the bench added.

The matter has been posted after three weeks for further consideration of the SIT's progress.

Case Title: Suo Motu v State of Kerala

Case No: SSCR 23/ 2025

Counsel for Respondents: S Rajmohan (Sr. GP), G Biju, R Sudhish, M Manju, K B Pradeep, Kshema Elizabeth Samuel, Aneeta Nirmal Mamen

Amicus Curiae: Sayujya Radhkrishnan