Ponnambalamedu Trespassing Incident: Kerala HC Seeks Information About Stage of Investigation

The Kerala High Court recently sought information from the Deputy Director, Periyar West Division, and the District Police Chief regarding the current stage of investigation into the alleged trespassing into the sacred ‘Kalthara’ of Ponnambalamedu, a protected forest area near the Sabarimala Temple.

A division bench of Justice Anil Narendran and Justice PG Ajithkumar directed the Senior Government pleader to seek instructions from the relevant authorities.

The problem was brought to light after a video of certain individuals performing a pooja at Ponnambalamedu surfaced online. The sacred area is also a part of the Periyar Tiger Reserve’s core zone.

The division bench initiated the suo motu case in the matter and took action on the Sabarimala special commissioner’s report.

The bench noted that a crime had already been registered in the present case, alleging commission of offence under Sections 295 (Injuring or defiling place of worship with intent to insult the religion of any class), 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 447 (Punishment for criminal trespass), and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code and in respect of which the investigation was ongoing.

The bench also noted that the Forest Department had registered a case at the Pachakkanam Station of the Pamba Range under Sections 27 (Restriction on entry into sanctuary) and 51 (Penalties for contravention of Act provisions) of the Wildlife Protection Act and Section 27(1)(e)(iv) of the Kerala Forest Act (Penalties for trespass or damage in Reserved Forests and acts prohibited in such forests), the report for which had already been forwarded to the Court.

The Court suo motu impleaded as additional respondents the District Police Chief of Pathanamthitta and the Station House Officer of Moozhiyar Police Station.

The division bench scheduled the case for further consideration on May 24, 2023, after the Deputy Solicitor General of India and the Standing Counsel for Travancore Devaswom Board requested time to obtain instructions from the respondents.