Examine if anti-graft law attracted in Sabarimala gold issue: Kerala HC to SIT

Kochi | The Kerala High Court on Wednesday asked the SIT probing the Sabarimala temple gold-plating issue to examine whether the facts and circumstances of the case attract provisions of the Prevention of Corruption Act against any of the TDB officials and if so, to take action in accordance with law.

A bench of Justices Raja Vijayaraghavan V and K V Jayakumar issued the direction after observing that there were "grave irregularities" and possible acts of "misappropriation" in connection with the gold-plating of the temple's 'Dwarapalaka' (guardian deity) idols and other artefacts.

The division bench further observed that such irregularities were "apparently carried out with the active connivance of officials of the Travancore Devaswom Board (TDB) from the highest echelon of authority down to the subordinate staff involved in the administration of temples in the state".

The court noted that the minutes book of the TDB was only updated till July 28, 2025 and even those entries were found to be "irregular and incomplete".

The bench said that it was "particularly alarming" that the communication of the Board order dated September 2, 2025, granting permission to undertake repair works and gold plating of the Dwarapalakas at Smart Creations, Chennai, "finds no entry whatsoever in the minutes book of the TDB".

"This omission, in our considered view, is a matter of the utmost seriousness and warrants close scrutiny," it said, adding that "the failure to maintain the minutes in a regular and contemporaneous manner constitutes a grave lapse on the part of the TDB".

It further said that the omission to record accurate and meaningful minutes was symptomatic of "deeper systemic deficiencies within the institution", and, at its worst, may reflect "a deliberate attempt to obscure or conceal irregularities".

The bench also noted that a "free rein" was given to Bengaluru-based businessman Unnikrishnan Potty to carry out the gold plating works in Chennai.

Potty is the prime accused in the cases lodged in connection with the irregularities and was recently arrested.

The court also noted in its order that Potty commenced his "dubious activities" in collusion with certain Devaswom Board officials, beginning with the so-called sponsorship of gold-plating the main door of the Sreekovil (sanctum sanctorum).

"What appears at first glance to be an act of devotion has, on closer scrutiny, all the hallmarks of a calculated deceit," the bench said.

The court said that the Sreekovil, Hundi, the depictions of Lord Ayyappa on both sides of the sanctum, the front door, the two Dwarapalakas etc. were all gold-cladded by McDowell and Co. Ltd. during 1998–1999 by traditional methods using 30 kilograms of gold.

It said that the perpetrators behind the irregularities removed substantial quantities of gold from these artefacts in 2019 and conducted superficial gold plating using only minimal quantities of gold.

When this thin plating inevitably faded and revealed discrepancies, "an attempt was made to cover up the earlier pilferage by clandestinely transporting the artefacts to Chennai under the pretext of re-plating" in 2025.

It also inferred that the Dwarapalaka idols were allowed to be taken to Chennai in 2025 without court permission as "those in positions of authority were apprehensive that compliance with statutory and judicial mandates would inevitably expose the irregularities committed in 2019".

"Every official who played any role, whether by authorising, facilitating, or wilfully overlooking these violations, has thereby aided and abetted the commission of the act, rendering themselves jointly and severally responsible for the desecration and misappropriation of sacred property entrusted to their care," the division bench said.

The court allowed the request of the Special Investigation Team (SIT) to carry out scientific tests of the artefacts to find out the actual loss of gold in 2019.

The tests include weighing of the Dwarapalaka idol plates and side pillar plates which were gold plated during 2019 and 2025, the side door frame plates and connected plates which were gold plated during 2019 and taking a piece of cladded gold from any of the similar pillar which were covered with the precious metal in 1998 by McDowell and Co. Ltd.

The court noted that the tests would help to find out the actual quantity of gold plated and amount of gold lost during the transaction in 2019 and directed the SIT to complete the process on or before November 15 when the Lord Ayyappa shrine will open for the Mandala-Makaravilakku pilgrimage season.

The bench issued the directions and made the observations in a new writ petition initiated on its own to monitor the probe into the irregularities.

In view of the registration of the writ petition, the court closed the earlier litigation initiated by it in connection with the taking of the Dwarapalaka idols to Chennai for gold plating without informing the High Court or the Devaswom Special Commissioner.