Kerala High Court Orders Vigilance Enquiry Into Alleged Gold Misappropriation During 2017 Flag Mast Installation At Sabarimala

The Kerala High Court on Monday (February 9) directed the Director, Vigilance and Anti-Corruption Bureau to constitute a team of competent officers to conduct an enquiry into the alleged misappropriation of gold and cash in connection with the installation of a new Temple Flag Mast in 2017.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering the suo motu petition initiated for court-monitored investigation into the high-profile case relating to misappropriation of gold from the Sabarimala temple.While considering the case, the Court was informed that the Special Investigation Team (SIT) had conducted a preliminary scrutiny into the records relating to the alleged misappropriation of cash and gold in relation to the installation of the new Flag Mast in 2017.Looking at the records produced by the Chief Vigilance Officer of the Travancore Devaswom Board, the SIT reported that a quantity of 9.161 kg of gold was purchased from the Customs Department and additionally, 412.010 gms was donated by devotees. Also, an estimate of Rs. 3,20,30,000 submitted by the Devaswom Chief Engineer was approved by the Board. However, as per records, the quantity utilized for the Flag Mast was only 9,340.200 grams whereas a total of gold available was 9,573.010 grams.The Court noted that the records do not reflect the specific quantity of gold donated by each individual donor. This, according to the officer amounted to a serious procedural lapse and a grave violation of Devaswom Rules and financial accountability norms.The Chief Vigilance Officer submitted that a detailed inquiry is needed in the present circumstances and the Devaswom Vigilance is not equipped to conduct a detailed inquiry. Considering the submission, the Court felt it appropriate that a vigilance inquiry be conducted to confirm whether the alleged misappropriation occurred. It observed:“We are of the view that it may not be appropriate to entrust the investigation relating to the alleged misappropriation of gold connected with the Temple Flag Mast to the Special Investigation Team, which is presently engaged in investigating other serious offences pursuant to our earlier directions. However, we are satisfied that the matter requires an independent vigilance enquiry. Necessary directions can therefore be issued to the Director, Vigilance and Anti-Corruption Bureau, Vikas Bhavan, Thiruvananthapuram, to conduct a preliminary enquiry to ascertain whether the acts disclosed reveal commission of cognizable offences.”The Court thus directed that all records relating to the matter be forwarded to the Director of VACB and for the constitution of a team to conduct preliminary enquiry. The team is to record statements of the donors, to examine the records and file a report before the Court within 30 days.With respect to the investigation into the other two crimes relating to the theft of gold from Dwarapalaka idols and the door frames of the temple, the Investigating Officer gave an update to the Court.Based on the same, the Court noted that the investigation has been structured into four phases starting from establishing that the Dwarapalakas and the door frames were originally gold plated; with the replacement of old doors with gold-plated ones; and the removal of Dwarapalakas and door frames and replacement with gold-plated ones with minimal quantities of gold to conceal the misappropriation. It was submitted that the SIT proposes to undertake some specialized scientific examination so to enable comparison between the original gold-cladded layers and the present gold-plated surfaces. However, since such advanced facilities are not available at the Vikram Sarabhai Space Centre, the SIT was planning to approach the Bhabha Atomic Research Centre, Mumbai, the National Metallurgical Laboratory, Jamshedpur, and the Defence Metallurgical Research Laboratory, Hyderabad, to undertake these specialised tests.It was also told that further samples are to be collected from Sannidhanam for this purpose. The Court felt that these requests can be permitted.“Allegations of this nature, involving the removal and substitution of precious gold cladding from the Holy Shrine, strike at the very sanctity of the temple. Such allegations, by their very nature, cannot rest solely on testimonial assertions or documentary records, which may be susceptible to omission, manipulation, or interpretative dispute. The proof must necessarily be anchored on demonstrable scientific parameters capable of independent verification and rigorous judicial scrutiny… We are therefore satisfied that such advanced forensic and metallurgical examination is absolutely essential, and the results thereof would constitute the bedrock upon which the prosecution case must rest so as to establish the allegations in a clear, cogent, and legally sustainable manner,” the Court added. The case is posted on February 19 for the reports of the Vigilance team and of the SIT.Case No:...

Kerala High Court Orders Vigilance Enquiry Into Alleged Gold Misappropriation During 2017 Flag Mast Installation At Sabarimala

K. Salma Jennath

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