Kerala seeks stay on new pilgrim limit at Sabarimala

The Kerala government has moved Supreme Court seeking a stay on the state High Court order directing to increase the number of pilgrims visiting the Sabarimala shrine to 5000.

Sabarimala:The Kerala government has moved Supreme Court seeking a stay on the state High Court order directing to increase the number of pilgrims visiting the Sabarimalashrine to 5000 from the existing 2000-3000 for the festival season starting from 20 December. It stated that the order will put a "great strain" on police personnel and health officials in view of the COVID-19 pandemic.

The state has contended that the decision to allow 2000 pilgrims on weekdays and 3000 pilgrims on weekends was taken by the state after a Revised Health Advisory of the Health and Family Welfare Department and the HC did not consider any proper report or other documents while passing its order.

It said that to control the COVID-19 pandemic during the Sabarimala temple festival season between December 20 and January 14 next year, the state had constituted the high-level committee to consider all aspects and to fix the number of pilgrims who can be permitted per day to visit the shrine.

The state also contended that the High court failed to notice the report by Principal secretary of the Health department which revealed that as on 14th December, 51 pilgrims and 248 staff tested COVID positive. It added that after local body elections, COVID-19 cases have increased in Pathanamthitta, the district where the temple is located and has higher active cases per million compared to the state average.

Adding on further, it said that considering the revised report of 14th December, "it is clear that any increase in the number of pilgrims from 2000 per day will adversely affect the State Governments measures taken in controlling COVID-19 pandemic."

"This being the situation of the Hon'ble High Court impugned judgement is liable to be interfered by this Hon'ble High Court as as an immediate measure in controlling COVID-19 pandemic," read the state's plea.

The high court disposed of the writ petitions filed by some of the respondents herein, with a direction to the government to increase the number of pilgrims per day to 5,000. The enhancement of pilgrims was done by the high court without considering any proper report or other documents. The number of police officials, health officials and pilgrims affected by COVID-19 in the Sabarimala temple so far is on the higher side, the state government said in its petition, filed through advocate G Prakash.

It said that entry to the temple is controlled by a virtual queue managed by police and pilgrims are tested for COVID-19 before allowing them to enter the temple.

It is also reported on the media that a new COVID-19 virus was detected in England and considering the spread of new virus, Government of India cancelled all flights to and for from England. This being the situation the Government of Kerala, seeks urgent interference of this court with the impugned judgment to control the spread of COVID-19 during the Sabarimala festival season, it said.

As an interim relief, the plea has sought ex-parte stay of the high court order which was passed on a batch of petitions including those seeking direction to enhance the permissible number of pilgrims per day.

Earlier this year, the apex court had constituted a nine-judge Constitution bench to deliberate upon issues pertaining to the scope of freedom of religion as also of judicial scrutiny into "essential religious practices" of separate "religious denominations"

These issues have arisen out of a judgement in the Sabarimala temple case.

The nine-judge bench has been set up after a five-judge bench, by a 3:2 majority verdict, had referred the matter to a larger bench while examining the review petition filed against the historic September 28, 2018 judgement which had allowed women of all ages to enter the Sabarimala temple.

(With PTI inputs)