K.P. Balanarayana Marar JUDGMENT
K.P. Balanarayana Marar, J.
1. This is a "public interest litigation". It has far-reaching consequences regarding the faith of "Sabarimala" temple, a temple of great antiquity, visited by more than 20 lakhs of persons every year from all parts of India. The question posed is, whether it is open to ail women, irrespective of their age, to trek the hill and worship of the temple, and how far is it permissible as per existing 'acharas', beliefs and custom ?
2. A petition was sent by one S. Mahandaran, K. P. S. Bhavan, Perunnai, Changanacherry, to one of us (Paripoornan, J.) which was converted into an original petition and treated as public interest litigation. He complained of young woman trekking Sabari hills (Sabarimala) and offering prayers at the Sabarimala Shrina. That is contrary to the customs and usages followed in the temple, according to him. Special treatment is alleged to have been given to wives of V.I.Ps. He pointed out a specific instance of the first rice-feeding ceremony of the grand-daughter of the former Devaswom Commissioner Smt. Chandrika conducted at Sabarimala temple in the presence of her daughter, the mother of the child, and other relatives including women a photograph which appeared in the Janmaboomi daily of 19-8-1990 was also enclosed along with the complaint petition. He sought suitable action to be taken against the persons concerned.
3. The petition came up before us on 24-9-1990. Notice was ordered to be issued to the complainant and Smt. S. Chandrika, former Devaswom Commissioner, Travancore Devaswom Board, to file their explanations in the matter and to be present in Court on 3rd of October, 1990. The Board was also directed to file its explanation on that date. In pursuance to the summons issued by this Court, the petitioner Sri Mahendran appeared and filed a detailed explanation. Smt.Chandrika was also present in Court but did not file any written explanation. No written explanation was filed by the Board also then. On hearing the petitioner Sri Mahendran, Smt. Chandrika and the counsel for the Devaswom Board, we felt that the questions that arise for consideration are fundamental and vital and have got a great impact on the very faith regarding Sabarimala temple. The complaint was therefore converted into an original petition under Article 226 of the Constitution of India as a public interest litigation and the petition was number as O.P. 9015/1990. At our request Sri P. Balagangadhara Menon, a Senior Counsel of this Court, agreed to assist the Court as amicus curiae. He was also requested to appear for the petitioner. The Secretary, Travancore Devaswom Board, Smt. S. Chandrika, Former Devaswom Board Commissioner, and the Chief Secretary to Government of Kerala were made respondents to the petition. The counsel for the Board was directed to file a list of available Thanthri Mukyas in the erstwhile Travancore territory with names and addresses along with the present Thanthri of the Sabarimala temple. It was observed that Sri Balagangadhara Menon will also be at liberty to furnish the names and addresses of other Tharthri Mukhyas who will be able to speak on the various aspects that may come up in this original petition. After getting the lists submitted on both sides, we directed the Registrar of this Court to issue summons to nine persons requesting them to appear in this Court on 26-10-1990 to give evidence. They were requested to appear on that day along with the documents or other materials in their possession which throw light on the matter. Witnes........