Supreme Court refuses to interfere with Kerala HC order allowing global Ayyappa conclave

The event has the blessings of the state’s ruling CPM-led Left Democratic Front government.

Senior Advocate P B Krishnan appearing for one of the petitioners pointed out that in 2022, the state government had opposed plans to conduct a ‘Ram Katha’ on the river bank alleging that it violates forest laws, citing the ecologically sensitive nature of the area.

“The division bench was persuaded by the state government to withdraw the permission and remove those structures,” he said and pointed out that one of the conditions laid down by the HC was that “the Board shall hereafter exercise strict discretion to ensure that no event is conducted on the banks of the River Pampa in any manner that compromises its sanctity, whether by erecting permanent or temporary structures,” he said.

The senior counsel contended that this was an indirect acknowledgement by the HC itself that the holding of the event was bad in law.

Justice Narasimha remarked that the HC may have said so as there was very little time left for the event.

Krishnan pointed out that the judgment in the ‘Ram Katha’ matter had become final and could not have been given a go by. The infrastructure for the gathering, he said, will block Sabarimala pilgrims from accessing the toilet block.

He added that while the state government was saying that the Board had requested it to conduct the event, the Board had not taken any decision statutorily. The counsel claimed that it is being organised with commercial and political motives.

Justice Narasimha asked why it has become so controversial to which the counsel said “because it is a political move”.

The judge pointed out that the event was only for a day and that the HC order was only an interim one but the petitioners submitted that by allowing the event irrespective of the order in the ‘Ram Katha’ matter, the order had become as good as a final one.

“We are not inclined with the order by the HC as it is interim in nature. We have also noted that the HC has prescribed certain conditions to be followed for conducting the event. Needless to say that all questions are left open for being considered by the HC,” the bench said in its order.