State cannot interfere with ancient religious rituals, practices: Kerala High Court disposes of suo moto case

Read Time: 04 minutes

The Kerala High Court on Wednesday disposed of the suo moto case initiated by it in light of a news report in a Malayalam daily ‘Kerala Kaumudi’ claiming that devotees were made to wash feet of 12 Brahmins for ‘atonement of sins’ at Sree Poornathrayeesa Temple, Tripunithura.

Noting that after publication of the news report on February 4, 2022, the Cochin Devaswom Board, in a meeting convened on February 11, took a decision to rename the age-old ritual 'the vazhipadu' as ‘Samaradhana', the bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar held that this decision was legally unsustainable.

"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, as reflected in Annexure R2(B), to change the name of the ritual as 'Samaradhana' is legally unsustainable," Court said.

Further, Court agreed with the submission as forwarded by the counsel for Cochin Devaswom Board that the practice in question is an ancient ritual and it is the Thantri, not the devotees, who wash brahmins' feet.

"In the instant case 'Panthandu Namskaram' in Sree Poornathrayeesa Temple at Thripunithura is a ritual performed in that Temple from time immemorial. The said fact is evident from the relevant extract of the remedial measures suggested in 'Ashtamangala Prasnam' conducted in the year 1999," Court noted. 

Furthermore, Court commented on the role of the media in spreading information. Referring to Apex Court judgment in Hindustan Times v. High Court of Allahabad [(2011) 13 SCC 155, Court observed, "it is the duty and responsibility of the media, be it electronic or print, to ensure that they are not providing the public with information that is factually wrong based on unverified information."

With these observations, Court disposed of the suo moto proceedings. 

Case Title: Suo Motu vs State of Kerala and Ors