Dated 25.12.2018 of the Team of Observers

WWW.LIVELAW.IN

AT ERNAKULAM

Writ Petition (Civil) No. g757g of 2O1B

G.B.Dinachandran Petitioner

Vs.

The State of Kerala a nd Others Responrlents

AFFIDAVIT FILED BY THE SEVENTH RESPONDE|NT AS

DATED 25.12.2018 OF THE TEAM OF OBSERVERS

V.MANU SENIOR GOVERNMENT PLEADER WWW.LIVELAW.IN

BEFORE THE HONOURABLE HIGH COURT OF KE:RALA AT ERNAKULAM

Writ Petition (Civil) No. 37578 of 2O18

G.B,Dinachandran Petition,:r

Vs.

The State of Kerala and Others Responclents

AFFIDAVIT FILED BY THE SEVENTH RHSPONDENT AS DIRECTED BY THIS HONOURABLE COUR'T ON 03.O1.2019. IN RESPONSE TO THE R.EPORT DATED 25.12.2018 OF THE TEAM OF OBSERVERS

I, Narayanan -[., IPS, aged 35 years, S/o. Thulaseedharan

Nair, residing at Pathanamthitta, do hereby solemnly affirm and state as fo,llows:

1, I am the District Police Chief, Pathanamthitta and the

seventh respondent in the aforernentionecl writ

petition. I am conversant with the facts; of the case, as

revealed from the relevant files, and am comper[ent to

swear to this affidavit. This affidavit is being filed as

authorised and as instructed by the State Police Chiel

Kerala, who is the sixth respondent in the aforementioned writ petition. WWW.LIVELAW.IN

2. This affidavit is being filed pursuant to the Order dated

03.0I.2019 of this Honourable Court in the

aforementioned writ petition and connected cases and

also in response to Report No.2 derted 25.L2.2018

submitted by the Team of Observers appointed by this

Hon'ble Court as per Order dated 27.11.2018 in the

aforementioned writ petition and connected cas€)s. This

affidavit is not being filed by way of pcr rawise

comments,/ counter/ controvertions to the averments

and allegattions in any of the Writ Petitions in which the

aforementioned Orders dated 2-,7.I1.2018 and

03.1.2018 were passed, but, as aforementiofl€rJ, only

by way of response to the Report dated 25.L2.2:.018 of

the Team of Observers.

3. As is discernible from the aforementioned Order dated

27 .71.201i3 of this Honourable Court, the (purported)

"extreme hardships" faced by "genuiine pilgrirJ'ls" to

have "darsan" at Sabarimala, because of the

(supposedly) unreasonable restrictions imposed by the

Police (allegedly) under the guise of prep,aratory

measures ltor for setting the field to give effect to the

verdict perssed by the Honourable Apex Cc,urt in

Indian Yc>unq Lawvers Association and Otthers v WWW.LIVELAW.IN

State of Kerala and Others (20113 (4) Ktf 373)

striking down Rule 3(b) of the Kerala Hindu Places of

Public Worship (Authorisation of Entry)llules, 1965, and

facilitating entry of women of all age groups to the

Holy Temple of Lord Ayyappa at Sabarimala formed the

basis of the writ petitions in which ther said Order was

passed. Earlier, the State Police C;hief, the sixth

respondent in the aforementioned writ petitiorr) had filed an affidavit dated 22.11.2018 in thr: writ

petitions/ in which the Order dated "27.L1.2018 was

passed, pLrrsuant to the direction of this Honourable

Court in this regard on 19.11.2018. Tlre averm,3nts in

the said affidavit may also be treated as part of this

affidavit. fhe averments in this affidavit may be

considered in continuation of and tor3ether with the

averments in the said affidavit dated 22.11.2t118 of

the sixth respondent State Police Chief.

4. The sixth respondent State Police Chrief, in the said affidavit dated 22.71.2018, had sworn to the effect

that no restrictions had been put on rdevotees by the

Police; that the police had neither taken nor would take

any action against mere chanting of Sarana mantra by

the devotees, either individually or in (lroups; that the WWW.LIVELAW.IN

police had taken recourse to action only in the cases of

unlawful assemblies which tended to create obstruction

or annoyance or injury to any genuine devotee or the

law im plementi ng agency a nd a lso when Sara na

mantras !\/ere chanted in the form of sloganeering as

protest btf protesters; that no restrictions (ln the

number of' pilgrims to be permitted in the hotels had

been imposed by the Police; that "Irumrudees" were not

opened and checked by the Police, though some of the

'Irumudees;' were being checked for security reasons

with a due care and precaution; that the Polir:e had

rendered iall assistance to pilgrims in the past and

were doing so then and would continue to do sc; that

the Police would act sternly against those who were

indulging in illegal acts to breach the peace and law

and order in and around Sabarimala; and that certain

regulations; had been made to facilitate s;mooth

pilgrimage,, to ensure safety and security of

Sabarimala and to implement the judgment of the

Hon'ble Supreme Court regarding entry of Wornen of

all age to Siabarimala.

5. The Order dated 27.7I.2018 of this Hc)nourable Court,

interalia, directed constitution of a Team of Obs;ervers WWW.LIVELAW.IN

in order to ensure that the police was;JtgvideB' with a

free hand to maintain law and order, of course, without

crossing the borders and within the f'our walls of law and als,o to see that there waJ.

unlawful 'objectionable activity from the rrart oL

the pilg rirns or such other persons comting in- disguise i tct to the rule of

law in a ll respects with proper co-ofdjDatjpn of a ll concerned with necessity to take_on thcr,sW!. decisions to facilitate smooth darsan to all concernecl. It was also ordered that the Tenm of

Observers should have overall supervi:;lpn_ end_oowers to take c,n the spot decisio to give proper

instruction:; to att concernea t feeftp_Int?._g[dEI and to . ilarimage_was. facilitatedt and there occurred tcess' from anv

corner (rNhether from the paft of the Police Devaswom t forest/ pWOt XWN Such other

bodies ,gi ter stakeholders,

if any.

6, Thus, as per the Order dated 27.1.1.2018 of this Honourable: Court in the aforementioned writ petition

and connected cases, the Team of Observers, interalia, WWW.LIVELAW.IN

had to see that there was no unl,awful/ obiectionable activitv from the part of "pgrsons

coming in disquise as pilgrims" and had to take on,

the spot decisions to give proper instructi'ons to, all concerned to give effect to the order ,futq.

ensure that smooth pilqrimaae was facilitatgd and

there occwrred 'no excess' from anv'.corner,

7. The Order dated 27.71.2018 has been impugned by

the State and Police before the Honourablel Apex

Court, interalia, ofl the ground that the power vested

on the Team of Observers to have overall supelrvision

and to tal

instructions to all concerned amountecl to ingress in to

the domain of pure administrative function of

maintaining law and order. The Special Leave Petition

is pending consideration of the Honouriable Apex Court.

B, The State, its machineries and Departrnents as well as

the Police have extended all help to the Te:am of

Observers appointed by this Honourable Court as per

Order datred 27.t1.2018. It is discernible frcm the

Report dated B.I2.20IB of the Team of Observers that

there were sufficient drinking water, toilet ancl other

facilities for pilgrims at Pamba and Siannidhanam. It WWW.LIVELAW.IN

has been nlade clear in the Report to the effect that all the roads lead ing to Sa ba rima la were in good condition. It was specifically stated that the devotees with whorn the Observers interacted had expressed satisfaction with the facilities at S;abarimala. The

Observers. in the said report, had commented on the Crowd Management and restrictions inrposed bv the Police. Thev had specifically found that many of the restrictions complained of in the writ petitions were not in existence then. According to the Observers, the restrictio ns that were present vrrere with reqard to the barricadin,q near the Vavar Nada, Maha Kanikka and Lower

Thirumutltom. It is submitted that ther said restriction:; noted by the Team of Observer$ were regulations; made by the Police in the interests of the

Security of the Temple and for better maintenance of law and Order and safety of the devotees as vvell for crowd management. The Team of Observ€)rs, in paragraph B of their report dated Ct8.12.201,3, had sought Orders from this Honourable C,curt with regard to easing of such restrictions. Consequent to the

Report dal-ed 08,12.2018 of the Tearn of Observers, this Honou rable Court passed Order dated 72.12.2018 WWW.LIVELAW.IN

and the diirections in the same were complied'ruith by

the Police.

9. This Hono,urable Court, on the basis of submissions

made on behalf of the writ petitioners, directed the

State Police Chief to file an affidavit F€gording queries

of this Honourable Court based on such submissions.

The affida'vit dated 22.7L.2018 was considered by this

Honourable Court in the Order dated )-7.IL2018. This

Honourable Court had not expr€ss€rC dissatis;faction

with the averments in the affidavit dated 22.L1.2018

in answer to the queries made by this Honrlurable

Court. As; is discernible from thr: Order dated

27.71.2018 of this Honourable Court and the Report

dated 08.1i2.2018 of the Team of Observers as well as

the Order dated 12.12.20L8 of this Honourable Court,

it is crysta I clea r that there were no "e>rtreme hardships", much less any hardshio, faced bv "genuine pilqrims" to have "darsan" at Sabarimala and the allegations in this regard in the writ petitions, in which the Order dated 27,1-L.2O: tourable Court, were nolt made on the basis of anv r:ooent WWW.LIVELAW.IN

materials and were only made to create a cause of action to file the said writ petitions.

RESPONSE OF THE KERALA POLICE TO THE REPORT DATED 25.12.2018 OF THE TEAM OF OBSERVERS APPOINTED BY THIS HONOURABLE COURT

As regards the Parking Facilities

10. In the Kerala Flood 2018, the facilities at Pamba got

destroyed. In the said circumstances, a decisircn was

taken by the Government and all concerned to shift

the base camp for Sabarimala Pilgrims; from Pamba to

Nilakkal. It was also decided that the parking facility of

the vehicles of devotees coming to Siabarimala would

also be provided at the Nilakkal base camp.

11. As on 24.12.2018, the parkinq space at Nillakal

was one 'which could accommodate around TOOO vehicles. Ordinarily the number of vehicles of

devotees that used to come to Nilakkal for parking was

below 7000. Howeveq on 23.I2.2OIti, on account of

the unprecedented rush of devotees to Sabarimala,

probably on account of the impending closure of

Temple after Mandalam Festival and also since school

vacations had commenced,8549 vehicles came to

Nilakkal. tcn 24.12.2078,8159 vehicles cante to WWW.LIVELAW.IN

Nilakkal. Because of this unprecedented rus;h, the

police were constrained to permit parking of v'ehicles

at one side of the road from Plappally to Nilakkal. On

24.t2.2018, additional parking space was arranged at

Angamuzhi. However, by the time the ad,Citional

parking space at Angamuzhi got read'y, the crowd got alleviated and there happened to be no further

difficulty in accommodating the vehicles in base camp

at Nilakkal. The traffic snarl that occurred on 24.12.2OL8 oot alleviated bv 6.OO pm that day and by 8.OO pm that day, the traf'fic got cleared

f u lly,

12. Steps were immediately taken for creating additional parkinq space at Nilakkal. As such,430 vehicles rcan now additionally be accommodated at Nilakkal. Now steps are being taken for creating

further additional space for parking at Nilakkal and

soon pa rking space for a nother 260O veh icles with sep:lrate passage will be readv at Nillakkal,

thereby creating parking space for ILO,OOO vehicles at Nilakkal at a time. At no point of time, more than 8500 vehicles had come tcr Sabarimala. In the said circumstances, the parkiing spac,e now WWW.LIVELAW.IN

Nilakkal will be able to accommodate nearlv 1O,OOO vehicles and the same will be sufl'icient.

There will not be any problem even if the Keral,a state

Road Transport Corporation (KSRTC) operates its

services from Pamba to Nilakkal bas,e station. It is

also submitted that even if number of' KSRTC services

are increa:sed, there will also not be any problern in so

far the same will not affect the additional parking space at Nlilakkal. It is submitted that the parkinq space at Nilakkal will become reacly to

accommodate lOOOO veh icles i n th is

Makaravilakku season itself, at anv rate lbefore

Makaravilakku day.

13. The Chakkupalam parking space suggested bv

the Team of Observers will not be necessary in view of the increased parking space at Nilakkal. Even otherwise, the said place is close to Pamba, the facilities wherein were destroved in the flood, ancl will not be safe either from the safety point of the devotees or the security point of the

Temple. lrloreover, the said area is close 1to the KSRTC depot at Pamba and therefore! any WWW.LIVELAW.IN

tra nsport of veh icles to a nd f ro f rom

Chakkupalam will affect the free flow of KSRTC buses, probably resultino in heavy traffic blocks. Above all, the same may also affect the free movement of pilgrims ritualisticall'v walking from Nilakkal to Pamba in course of their trek to Sabarimala Sannidhanam.

As regards permitting Eleven Women from Tamil Nadu to travel in their private vehicle from Nilakkal t:o Pamba-

14. As stated above, in the Kerala Flood 2018, the facilities

at Pamba got destroyed. In the said circumstances, a

decision \/vas taken by the Government and all

concerned to shift the base camp for Sabarimala

Pilgrims from Pamba to Nilakkal. It was; further decided

that privat.e vehicles need not be allowed to be plied

from Nilakkal to Pampa and that devotees would have

to continue their journey from Nilakkal to Pamper in the

circular bus services conducted bv tlhe Kerala State

Road Tra ns;port Corporation.

15. The decision taken by the stakeholders in this regard

was challenged in Writ Petition No. 30-,779 of 2018 and

connected cases on the ground that the decisiorr taken WWW.LIVELAW.IN

1a IJ

by the Government and implen.lented by the Travancore Devaswom Board to restrict private

vehicles from Nilakkal to pamba-Triveni without

sufficiently providing suitabre was usurious and

contrary to the provisions of the Motor Vehicles Act

and the Rules under it. The writ petitions were dismissed by this Honourable court as per judgment dated 1.1.1.2018 holding thus: "The Master plan

applicable to the sabarimala Hiils,and the shrine

makes it irnperative that the Nilakkal area be made the

base cam[) and that the Pamba area and the Hills be

completely'protected from the ravages of vehicular

traffic and excess of population . on account of the

recent flood and deluge that hit our sli:ate, pamba had

changed it,s course and the earlier facilities there have

been conseq uently washed away or com pletety

deracinated, thus rendering it impossible to continue

the status quo as was available in the,oast years, thus

compelling the Board to now shift the= base camp to

Nilakkal this year itself ,"...... ".fn fact, au contraire,

we find the:se decisions fo be compliant with the larger perspective: of keeping Sabarimala pristine and of

maintaining Pamba with all its serenity, by avoiding

vehicular traffic to the extent possibl'e. since this is WWW.LIVELAW.IN

also one of the inviolable stipulations in the Master

Plan, as long as the Government or the Travancore

Devaswom Board (TDB) appears to be acting in

consonanc'e with its provisions, this court can find no

fault with it and axiomatically, all cont'entions impelled

by the petitioners against this policy deserve only to

be repelled. We are persuaded to holot so, also for the

reason/ as has been often reminded by the Hon'ble

Supreme rCourt, that the jurisdiction of this court in

matters ol' evaluation of policy decisions, ought to be

exercised tuith extreme caution and circumspection.'lt is most humbly submitted that this Hon'ble Court has thus approved the decision of the stakeholdlers in this reqard. when the same was

cha llenqed .

16. On 23.I2.20I8, at about 3.30 affi, 11 women from

Tamil NadLr came in a tempo traveller. They claimed to

be membetrs of a social organisatiorr called Manithi

Sanghom. Their vehicle was repeatedly waylaid in

their courrse to Nilakkal from Kerala Tamil Nadu Border by religious fanatics and members of right winq groups opposed to the entry of women of all ages to liabarimala and protesting against the WWW.LIVELAW.IN

iudoment of the Honourable Apex court in this reqard. Police had to interfere at KattaDDana in

Idukki District and at Mundakkavam and

Erattupetta in Kottavam District to save the said women from the attempted attacks of anti socials protestinq aqainst the entrv of the said women to sabarimala Temple and facilitate the onward iourney of their vehicle in its course to sannidha nam. cases have been relristered in this regard. Furrther, there was rntelligence Report to the effect that Law and order problem will occur if these women aliqhted at Nilakkal and travelled to Pambil in their course to Sannidhanam in

KSRTC buses. The lives of these women had to be protected. They came to have darsan of Lord Avvappa at Sabarimala because of the iudqment of the Honourable Apex Court permittino women of all ages to enter Sabarimala Temple. The judgment of the Honourable Apex Courrt is the law of the Iand under Article 142 of the constitution of the India and the Kerala Police is constitutionally mandated to aid the implementation of the said judgment in terms of Article 144 of the Constitution.

The Police is statutorily bound to accord protection for WWW.LIVELAW.IN

lives of the said women. Thus it was the constitutional

obligation and statutory duty of the police to do the

same. In the said circumstances, the :Special Officer in

duty at Nilakkal, who was in charge of the Law and

Order at [tJilakkal to Pamba, took a ccrnscious decision

to protect the said 11 women by permitting them to

proceed to Pamba in their private velricle. As stated

above, it y'ras the decision of the Government and all

stakeholderrs to limit the plying of the private vehicles

to Nilakkal and permitting travel in tlre KSRTC buses

from there on to Pamba. Further, in'view of the Law

and Order situation prevalent in and around

Sabarimala, whereby the rightwing elelnents were ever

ready to perpetrate violence to meelt their political

ends and the Intelligence Report witlr regard to the

threat to lives of these women, the police officer took

the said,Cecision in consultation with his superior

officers anrj with the concurrence of the Government. t7 . It is most humbly submitted that the said eleven women (l'rom Manithi Sanghom) were permitted to travel to Pampa from Nilakkal as the same was necessar!'to protect their lives from riqht wino fanatics lvho had taken recourse to all sorts of divisive activities and violent protests to prevent WWW.LIVELAW.IN

entrv of women of all ages to sabarimala. rf they were compelled to travel from Nilakkar to pamba

in KSRTC buses the same would have provided a field dav for protestors who courd have created all sorts of trouble includinq threat to their lives. Apart from the violence attempted to be repeatedlv perpetrated at these hapless women in their onward journey to Nilakkar from Kerala Border and the intelligence report reqarding law and order problem at Nilakkal if they were permitted to travel to Nilakkal in KSRTC Buses. the previous experiences of the porice with regard to women entry in sabarimala was also a quiding factor for the officer to take such a decision. The subsequent violence perpetrated against them at Pampa and the violent agitations faced bv them even at various railway stations from these riqhtwing elements in their return iournev to Tamil Nadu bv train is a pointer to what would have happened if they were permitted to travel to Pampa from Nilakkal in KSRTC buses. No disrespect to this Honourable Court and no disreqard to the Orders of this Honourable Court was wilfully on purposefully intended bv the State or any of its Officers including Police officers in permittino the travel WWW.LIVELAW.IN

of the said women from Nilakkal to pampa in their own private vehicle and the only quiding factor was the safety of the lives of the said women who cou ld not be left to the mercy of rightwing fanatics formentinq all sorts of law and order problems in the State.

18. In this aspect, it is also most humbly submitted that the

mandate of the Team of Observers as per Order dated

27.I7.2018 of this Honourable Court included facilitation

of smooth darsan to all concerned (including women of

all ages coming to Sabarimala as permitted bV the

judgment of the Honourable Apex Court), ffidking sure

that there was no unlawful/objectionable activity from

the part o1' persons coming in disguise as pilgrims and

also to ens;ure that there occurred 'no excess' from any

corner (including the protestors who are protesting

against the entry of women of all agers to Sabarimala

and against the judgment of the Honourable Apex Court

in this regard).

As reoards the other law and order issues pointed out by the Team of Observers

19. On 24.12,2018, by about 3.30 a.rn. two women

reached at Nilakkal for proceeding to Pampa and WWW.LIVELAW.IN

Sabarimala to have Darshan at Temple. They came to police control room at Pampa and sought for police protection. Therefore police protection was accorded.

When they reached a few metres nea r the

Appachimedu, they were wrongly restrained by a group of protestors under the auspicels of Sabarimala

Karma Samithi. The police were able to neutralise them and the two women further proceeded. However, they were again wrongfully restrained by the protesters at the Hospital near Sannidhanam,

Therefore, the police personnel therein, in exercise of their operational freedom in such matters, deemed not to proceed with the said women furthrer. Cases were registered with regard to both the incidents. In order to avoid further law and order issues; and also since they becarne medically unfit, they were taken back to

Pampa (one woman was taken in stretcher) and were later taken to the District Medical Horspital, Kottayam in Ambulance. It is most humbly submitted that no blockade of any devotee happened on account of these incidents. The police, ofl account of their strategic planning, could manage the issue saf'ely. The police could manage the situation taking into account of the safety of women as safety and security of the devotees WWW.LIVELAW.IN

who were there at sabarimala. Two crimes have been

registered in regard to the aforementioned incidents at

Appachimedu and near the Sannidhanerm Hospital

20.

in paragraph 7 of the Report olF the Team of

to Sabarimala on 24.12.2O18 with police

situation that orevailed therein. The grant of police prcltection or accompanying of the police

personnel with those women did not create any

problem. As stated a bove, they were initially

prevented at Appachimedu and protestors were

neutralised. Thereafter they trekked up to the Hospital

near Sannidhanam. Again protestors wrongfully

restrained them. Police brought them back only because of their adverse health condition and as part

of their strategic planning to avoid law and order

situation and provide them entry at a future point of time. WWW.LIVELAW.IN

21. rt is most humbly submitted that the statement

observers to the effect that police took steps to reduce the crowd at the trekkinq pass readino to sannidhanam durinq the time when Manithi sanghom as well as when the aforementioned

two women trekked to Sannidhanam, has been

re ini

same was only the minimum whiclr was required

for crowd management. Due to the criminal acts of

the protestors, under the auspices of Sabarimala

Karma Samithi, Achara Samrakshana Samithi and other right wing organisations as well as a particular

political party, amounting to contempt of the judgment

of the Hc,nourable Supreme Court as well as this

Honourable Court, unnecessary lerw and order

problems were created enroute to Sarnnidhanam and

therefore the pilgrim movement happened to be

slowed down for the minimum time. It is most humbly

submitted that no member of the Team of Observers

were available at Sannidhanam or at the trekking WWW.LIVELAW.IN

route to Sabarimala at that point of time and,

therefore, they could not have probably made a

reasonable personal first hand assr:ssment of the situation therein. It is most humbly submitted that ilqrim movem only because of the unlawful acti'vities indulqed in by the protestors under the auspices of Sabarimala Karma Samithi and not due to the police protection accorded to the women

devotees. It is reiterated that it is the constitutional

obligation and statutory duty of the police to accord

protection to such women,

22. It is most humbly submitted that the statement

in paragraph ( 1O) of the Report of the Team of

O bse rve rs to th e effect th at the inc ide nt involvinq two women causing a hold up of pilqrims in the trek route also con'tributed to the

lonq queue of vehicles bevond Nilakkal up to a distance of more than twenty kilo metres is also

not reflective of the true state of affairs. The long

queue and the traffic snarl on 24.I2.2018 occurred, as

stated abclve only due to the unprecedented heavy

inflow of devotees that happened on that day. About WWW.LIVELAW.IN

1,10, 830 (one lakh ten thousand and eight hundred

and thirty only) pilgrims came to salbarimala on that

day, the highest in the season. N4ore than 8159

vehicles reached at Nilakkal. Many of the vehicles had

to be accommodated by way of one side parking on

the roads leading to Nilakkal. within hours the entire

traffic snarls were cleared by wa)'of alternative

parking arrangements and crowd management. The same was not in anv wav caused because of the entry of women to sabarimala or grantino police protection to them.

23. It is most humbly submitted that, as sLated above, the

traffic snarl that occurred on 24.r2.2018 courd be

managed within hours by the Police. It is submitted

that the same was comparatively les;ser in point of

time, when compared to traffic snarl rthat occurred in

previous seasons, when the crowcl and vehicles

peaked. Usually, it will take at least 2 days for the

entire vehicles that reach sabarimala to get disbursed during Makaravilakku day. All these are pointer to the fact that the long queue and traffic snarl that

occu rred on 24. 1 2.2018 was on ly on accou nt bf

the heightened and unprecedented increase in WWW.LIVELAW.IN

a/1

number of devotees, with corresponding increase

was in no wav related to the police escort of the women devotees to the Sannidhanam.

24. rt is most humbly submitted that the opinion of the

Team of c)bservers to the effect that grant of special

police protection to individuals will adv'ersely affect the

rights of other pilgrims is also factually wrong. It is

most humbly submitted that women aged below 50

have already entered sannidhanam and had darsan of

Lord Ayyappa. The same were done without any

disturbance to the pilgrims. Certain \^/omen could not

enter into Sannidhanam only because of the protests,

even violent acts, indulged in by persons belonging to

Sabarimala Karma Samithi, Achara Samarakshana

Samithi and other right wing group:s as well as a

particular political party. Even in suclr instances, the

police had managed the crowd, marCe sure of the

safety of the devotees and neutralised the situation

well. The Police is well eq u ipped to meet the

challenges in this regard. The Police is having

knowhow and expertise to manage the heavy influx of

crowd and at the same time protect the interest of WWW.LIVELAW.IN

women aged below 50 wanting to have darsan of Lord

Ayya p pa .

25. The Police is aware of the fact that the trek to

sabarimala is through dense forest anrd that there are

deep ravines on either sides. The poliice is also aware

of the consequences of any use of force at such a

place. The Police have evolved its strategy with regard

to entry of women of all ages to Serbarimara taking

note of these facts. The police have successfuily

escorted a number of women to lrave darsan at

Sannidhanam. The police may not have been able to

successfully escort all women devotee:; to sabarimala.

HoweveI the same was only on account of the protests

under auspices of Sabarimala Karmasamithi, Achara

Samarakshana Samithi and other right wing groups as

well as a particular political party, rnrhich the police

managed to curtail without the law ancl order situation

being esca lated.

26.It is humbly submitted that the incident of injury of

media person noted in Paragraph 12 of the Report

happened not due to any commotion that occurred

while the Dolice escorted the 2 women to

Sannidhanam. It was the highhanded act of the WWW.LIVELAW.IN

protestors that resulted in the incidenl:. The Police has

always been careful not to cause any injury to any

devotee, whomsoever. As stated above, it is only

because of the strategic and careful planning of the

police, taking into account the safety of large number

of devotees coming to Sannidhanam and security of

the Shrine as such, that women were able to enter

Sannidhanam and have darsan therein.

27. The observation that the special protection being

granted to certain individuals by the police will result

in jeopardizing the attention of the police being given to the ordinary devotees coming to Sabarimala for

darsan is not based on any soulnd reasons or

materials. It is submitted that the strict vigil of police

has resulted in neutralizing the protesters and there

has been day by day increase of the number of

pilgrims coming to Sabarimala. 'fhe number of devotees, who came to Sabarimala on 23.L2.20L8,

when Manithi Sanghom tried to trek to Sannidhanam,

was 1,01,805. The number of devotees who came to

Sabarimala, when the aforementionecl 2 women tried

to trek to Sannidhaanam on 24.L2.2018 was 1,10,830,

Probably because many of the prote:;ters, under the WWW.LIVELAW.IN

auspices of sabarimala Karma sjamithi, Achara

Samarakshana Samithi and other right wing groups as

well as a particular political party, who were at

sabarimala, have come down to the streets all over

the State to create law a nd order problems, the

pilgrimage has become even further smoother. On

25.12.2018, 71,085 devotees hild darsan at

Sabarimala. On 30,12,2078, 97085 devotees had

darsan at Sabarimala. On 31.12.20113, L,00,775 had

darsan therein. On 01.01.2019, 82,960 devotees had

darsan. On 02.0I.2019, 93,720 devotees had darsan.

2 women were also able to trek to Sabarimala and had

peaceful Darshan of Lord Ayyappa on r3arly morning of

02.07.2019. They travelled to Sabarinrala comfortably

from Pampa to Sannidhanam as part of the large

crowd of devotees. They offered their prayers in

Sannidhanam in the presence of other devotees. None

of the real devotees who were there caused any

problems whatsoever.

28. The protesters, under the auspices of Sabarimala

Karma Samithi, Achara Samarakshana Samithi and

other right wing groups as well as a particular political

party, created law and order problerns all over the WWW.LIVELAW.IN

State on 02.07.2019 and 03.0 L.20Lg and are

attempting to continue the same. Everr then, dS stated

above, on 02.01.2079, 93,320 devotrees had darsan;

on 03.0 7.2019, 84,020 devotees hrad darsan and

another lady trekked to sannidhanam through the holy

eighteen steps and had darsan; and on 04.01.2018,

84620 devotees had darsan. All these are ampre proof

for the fact that it is because of the protesters that

women entry was not successful in all attempts.

29. rt is most humbly submitted that the observation

to provide special police protection to 1or 2 individuals without due regard to the serious implications of the same on the safetv and security of ordinary devotees, besides the undue

harassment it would cause for smooth darsan, is also not reflective of the true state of affairs.

ection i to have darsan of Lord Avyappa at Sabarimala, it will not be at the expense of tlre safetv and security of other devotees. The Team of

for entertaininq such an anxiety., There is no WWW.LIVELAW.IN

prior incident wherein the police had not catered to the security and safetv of the pilgrims trekkinq to Sabarimala even when protection was accorded to women aged below fifty and wanting to have darsan of Lord Avyappa at Sabarimala. The Police has acted with utmorst restraint to avoid anv law and order situation at sabarimara even when the riqhtwinq elements referred to above had made all sort of attempts to create a hostile securitv situation therein. It is also further humbly submitted that anv action taken bv the State and the Police in tune with the said suqgestion of the Team of Observerrs will amount to contempt of the judgment of the Honourable Apex Court permittinq entrv of women of all ages. If a woman wants police protection to trek to Sabarimala even if there is lreavv rush of pilgrims, there is constitutional oblioation for the police to orovide such oolic,e protection. However the police will have operational freedom in such matters. The police will act accordinglv taking note of the fact situation therein and will decide how to handle the situation. The police is having the expertise and knowhow for the same WWW.LIVELAW.IN

and is equipped for the same. It is humbly submitted that it is not for the Team of Observers to suqgest a straight iacket formula of not granting police Brotection to women in this regard. The suggestion by the Tearn of Observers in paragraph 14 of the Report that at the present staqe of the pilgrimage. police protection has to be limited to diqnitaries entitled to oolice protection and individuals who had obtained orders of the Court is wholly unsustainable in law. As pointed out above, worrren could trek themselves to Sabarimala and have darsan of

Lord Avyappa at Sannidhanam. l-{owever some women could not do so and had to abandon their trek further on account of protests and wronqful restraint bv aforementioned right wing elements. Thus the situation varies from time to time dependinq on the access the riqht wing elements have to Sabarimala shrine. It will be verv difficult for a woman to first come to Sabarimala, then face protests, then a DDroach a nd oet a n Order from a Court of Law and then to come back. By the time she returns after gettinq an Order from a Court of Law, in all probabilities, the right wing WWW.LIVELAW.IN

and thev will be out there in full force to orevent the said woman from trekkinq to Sabarimala. s will

30. For the aforementioned reasons, it is most humbly

submitted that the suggestions made by the Team of

Observers in their Report dated 25.I2.20t8 be

rejected in toto.

31. As per the Order dated 27 .I1.201€i, the Team of

Observers, interalia, had to see that there was no

unlawful/objectionable activity from the part of "persons

coming in disguise as pilgrims" and had to ensure that

smooth pilgrimage was facilitated and there occurred 'no

excess' from any corner. ft is most hulnblv submitted

that the Report is silent about thel unlawful and obiectionable activities indulged lin by persons

bv them. This Honourable Court may also be pleased to

direct the Team of Observers to report the same and take stringent action against such persons including initiation of Contempt of Court Proceedings in so far as thev lrave acted in

contempt of this Honourable Court since thev have WWW.LIVELAW.IN

-)/

violated the order dated 27 .!1.2018 of this Honourable court reiterated in order dated 12.12.2018 of this Honourable court to the effect that no protests should be rundertaken at Sabarimala.

32, This Honourable court may be pleased to accept this

affidavit to the records of the case.

Dated this the 7rh day of Janu ary, 20!9.

DEPONENT Solemnly affirmed and signed before me lby the deponent whom I know on this the 7'n day of Januitry, 20Ig at the office of the District Police Chief, Pathanamthitta.

S. Raf'eek Deputy Superintrendent of Police, Pathanamthitta

V.Manu Senior Government Pleader