News Report Claiming Devotees Made To Wash Feet Of 12 Brahmins At Temple False: Kerala HC Drops Suo Motu Case

The Kerala High Court on Wednesday refused to interfere with a long standing ritual at the Sree Poornathrayeesa Temple, Thripunithara, where the temple tantri washes the feet of 12 priests.

A Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar had taken suo motu cognisance of a news report alleging that in the said Temple, devotees were made to wash the feet of 12 brahmins for the atonement of their sins. However, upon verifying, it was brought out that the news report was incorrect. 

Therefore, the Court asserted that neither the concerned Devaswom Board under which the temple functions nor the State was legally permitted to interfere with the said religious rite. 

"...no interference with the religious rite, namely, 'Panthrandu Namaskaram' performed in Sree Poornathrayeesa Temple, by the Thanthri is legally permissible either by the Cochin Devaswom Board or by the 1st respondent State."

After the suo motu case was initiated, the Standing Counsel for Cochin Devaswom Board had denied the claims and clarified that it was the Tantri and not the devotees who washed the feet of 12 priests as part of the rituals.

It was also disclosed from the affidavits filed by the respondents that the ritual was not performed by the devotees but the temple tantri and other priests, as alleged in the news report that appeared in Kerala Kaumudi daily.

Moreover, it was pointed out that as per Section 73A of the Travancore–Cochin Hindu Religious Institutions Act, 1950, it is the duty of the Board to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly.

The Court agreed with this proposition after referring to several decisions of the Apex Court. Specific reliance was placed on the decision in Sarika v Shri Mahakaleshwar Mandir Committee, where it was observed that it is not within the jurisdiction of the Court to dictate or prescribe or restrain the religious practices and pujas to be performed in the temple.

"The religious practices and pujas are required to be performed in accordance with the ancient rituals and practices"

Further, it was also brought to the attention of the Court that the ritual had been performed at the temple since time immemorial as evident from the relevant extract of the remedial measures suggested in 'Ashtamangala Prasnam' conducted in 1999. 

Upon consideration of this judgment as well as the provisions of the Act, the Court observed that it  cannot interfere in the ritual that has been performed from time immemorial and therefore refused to interfere in the ritual of "Panthrandu Namaskaram".

Additionally, it was held that since as per Section 73A of the Act, the Devaswom Board was bound to preserve religious rites of a temple, its decision to change the name of the ritual to "Samaradhana" was also legally unsustainable.

"... there is a constitutional obligation to preserve the religious practices of all religions and there is also a corresponding duty to act in that direction. The religious practices and pujas are required to be performed in accordance with the ancient rituals and practices and it is not for Cochin Devaswom Board or the 1st respondent State to interfere with such practices. In that view of the matter, we find that even the decision taken by the Cochin Devaswom Board to change the name of the ritual as 'Samaradhana' is legally unsustainable."

In the judgment, the Court also commented on the role of the media in the functioning of a democracy, and its duty to provide accurate information to the citizens. 

As such, the matter was disposed of. 

Citation: 2022 LiveLaw (Ker) 152

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