'Nip It In The Bud': Kerala High Court Issues Directions For Prompt Reporting Of Malpractices In Temples, Including Sabarimala
The Kerala High Court on Friday (January 29) issued guidelines for the effective and prompt reporting of the lapses, misconduct and malpractices in the religious institutions under the Travancore Devaswom Board.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition initiated on the basis of the report of the Sabarimala Special Commissioner relating to the submission of periodical status report of the Chief Vigilance Officer of the Board.
In a 2022 order of the High Court in DBP 2/2022, the Vigilance Officer of the TDB was directed to submit periodical status reports of the cases every 6 months to the Special Commissioner and before the Devaswom Board along with the Special Commissioner's report.
However, later on, the Court had made modifications to timeline and procedure for placing reports vide orders in SSCR 28/2023 and SSCR 3/2025. It was also decided that the Vigilance Officer's reports will be placed before the Board and then action taken report has to be produced before the Court.
The amicus curiae appearing for the Special Commissioner submitted that in such circumstances the Special Commissioner may not get an opportunity to go through the reports of the Vigilance officer regarding the discrepancies and misconducts done at the Sabarimala temple and other temples under the TDB.
The standing counsel for the TDB, on the other hand, took a stand that it is the Board's prerogative to call for status reports and to take disciplinary actions. It was also contended that the Special Commissioner need not look into the report regarding malpractices in other temples under the control of the TDB and can restrict itself to Sabarimala temple.
The Court remarked that if a single periodical status report is prepared with respect to all the temples under the TDB, including Sabarimala temple, then there would be hardships caused to the TDB, the Special Commissioner and the Devaswom Bench of the Court.
Noting the absence of an effective mechanism for reporting misconduct and malpractice in the temples under the control of the TDB, the Court felt it appropriate to lay down directions:
"Whenever misconduct or malpractice comes to the notice of the vigilance wing of the TDB, there should be a mechanism to promptly report the matter to the Board. In the absence of such prompt reporting, the Board may not be able to take effective measures to rectify the lapses by initiating proper remedial measures in accordance with law so as to ensure transparency and to avoid corruption and mismanagement in the temples...we deem it appropriate to issue comprehensive guidelines for the effective and prompt reporting of the lapses, misconduct and malpractices, if any, in the religious institutions and to nip it in the bud...The procedures outlined herein for the submission and review of quarterly reports shall also apply mutatis mutandis to the temples other than Sabarimala."
The first one was that the misconduct/lapses/malpractices pertaining to Sabarimala temple and other temples have to addressed separately.
Instead of half-yearly reports, the periodic status reports are to be submitted by the Vigilance wing to the TDB on a quarterly basis, January 1 to March 31; April 1 to June 30; July 1 to September 30; and October 1 to December 31. Copies of the report are to be submitted to the President of TDB and the Special Commissioner on the 7th of April, July, October and January each year.
The TDB has to consider the report within 1 month and take corrective or disciplinary action as needed and the action taken report is also to be submitted to the Special Commissioner without delay.
The Special Commissioner is to submit this report along with its own report to the Court expeditiously.
"It is hereby expressly clarified that these directives shall not be construed to restrict or limit the jurisdiction and authority of the Special Commissioner to report any matter which comes to his knowledge, at any time, outside the periodic reporting schedule," the Court added.
The Court also directed the Vigilance Wing has to focus more on the activities of Sabarimala temple during the Mandalam Makaravilakku seasons and on the other days in which it is open. When Sabarimala temple is closed, the Vigilance wing's focus can be towards the other temples.
With these directions, the Court disposed of the SSCR.
Case No: SSCR No. 20/ 2025
Case Title: Suo Motu v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 58
Counsel for the respondents: G. Biju - Standing Counsel - Travancore Devaswom Board, S. Rajmohan - Senior Government Pleader
Amicus Curiae to the Special Commissioner: Sayujya Radhakrishnan
Click to Read/Download Order in DBP 2/2022