Sabarimala gold loss: Kerala High Court denies anticipatory bail to two former TDB officials

Kochi: The Kerala High Court on Thursday rejected the anticipatory bail pleas of two former Travancore Devaswom Board (TDB) officials who are accused in the cases related to alleged irregularities in gold plating of artefacts in the Lord Ayyappa shrine in Sabarimala.

Justice A Badharudeen declined to grant the relief to former TDB administrative officer S Sreekumar and former Board secretary S Jayasree, saying that the allegations against them were prima facie made out.

The court said that if the two accused were granted pre-arrest bail, the entire probe into the loss of gold from the shrine would collapse, and effective investigation "would become meaningless".

It further expressed shock that such a misappropriation of gold happened in a sacred place and hinted at the involvement of "some big guns" in the matter.

Referring to the prosecution records, the court said that the prime accused Unnikrishnan Potty "enjoyed unbridled freedom to devour the valuable gold of the holy deity" and it would not have been possible "without the involvement of some big guns who had a role in the administration of the Sabarimala temple and the Board.

"Therefore, the investigation must go on further to elicit and bring to justice all the culprits involved in this crime without leaving any room for escape, as the allegations are very serious, as already observed," it said.

The court further said that plates of the Dwarapalaka (guardian deity) idols and other artefacts were "actually clad with gold" and therefore, there was no need for gold plating them.

It said that the "conspirators and the perpetrators" behind the irregularities were well aware that by recording the Dwarapalaka plates were made of copper and required gold plating, "the gold originally therein could be misappropriated for getting illegal gratification for themselves."

The court said that both Sreekumar and Jayasree were well aware that the plates were originally gold-clad, but signed the documents that referred to them as made of copper.

"Thus, prima facie, the conspiracy, in the instant case, is in a widest magnitude, including some other higher officials other than the accused persons now arrayed and without the involvement of the higher officials, this kind of large scale looting of gold, that too, from a holy temple like Sabarimala, where lakhs of people bestowed themselves, should not have happened," Justice Badharudeen said.

The court further said that the Board decision describing the plates of the artefacts as made of copper and not clad with gold, "would show the deceitful intention and consequential misappropriation of the gold" for unlawful enrichment of the perpetrators and corresponding loss to the TDB and Lord Ayyappa.

"So, the decision itself would show the involvement of the Board members in describing the items as purely made of copper, though its original was gold cladded, and also would show the involvement of the decision makers who decided so as on July 3, 2019," it said.

The court ordered that in these circumstances, even though the probe was on the right path, it should be widened to include others involved in the scam and trace the higher-ups or "big guns" who had "control, connection and constant contact" with Potty.

Dealing with the bail pleas, the court said that if Jayasree was not involved in the conspiracy, she ought to have informed the Board that the plates were actually gold-clad, but she did not do so.

"...instead she had issued an order within two days, that too in deviation from the decision of the Board, to hand over the Dwarapalaka plates to the 1st accused (Potty) to take them out for the purpose of gold plating," it said.

The court said that since her role was prima facie made out, she was not entitled to get bail on merits. It also declined to grant her bail on medical grounds, owing to a kidney transplant undergone by her, saying that the Special Investigation Team was ready to provide her medical assistance when required.

The court said that Sreekumar was also aware that the plates were gold-clad, but signed the mahazar, which termed them as made of copper and therefore, corruption charges were attracted against him.

"... the petitioners, who held key posts in the Devaswom Board, if released on anticipatory bail, would influence the probable witnesses and would cause destruction and disappearance of evidence and also valid documents to impede the investigation," the court added and dismissed their anticipatory bail pleas.

The court also directed them to surrender before the investigating officer and to cooperate with the probe. The SIT appointed by the court is probing the cases involving gold lost from the gold-clad plates of the Dwarapalaka (guardian deity) idols and the Sreekovil (sanctum sanctorum) door frames.

So far, the SIT has arrested six persons, including prime accused Unnikrishnan Potty and former TDB presidents N Vasu and A Padmakumar, in the two cases.