Kochi: The Kerala High Court on Friday directed the state police chief to instruct the Special Investigation Team (SIT), led by ADGP Crime Branch H Venkatesh, to register a case concerning the missing gold from the Dwarapalaka idol at Sabarimala Ayyappa temple. The SIT has been asked to conduct an impartial probe and submit report within six weeks.

"From the investigation so far conducted, it appears that in so far as sideframes/lintel, similar misappropriation of gold has been carried out. It is also revealed from the report that substantial quantity of gold, amounting about 474.9 gm, was handed over directly to Sri. Unnikrishnan Potti. The records do not reveal that the aforesaid quantity of gold was entrusted with the Travancore Devaswom Board. In view of the above revelation with regard to the sideframe/lintels, the aforesaid aspects are also to be investigated by the SIT in addition to all other aspects which may come up in the course of investigation...It would be open to the SIT to decide as to whether separate crimes have be registered in so far as dwarapalakas as well as the lintels," said the court.

The division bench of Justices Raja Vijayaraghavan V and KV Jayakumar also restricted the probe team from communicating with the media until the investigation is completed. The court also appealed to electronic and print media to avoid sensationalising the issue.

“It is the public’s right to know current information served by the media. However, every person standing trial is entitled to an open, speedy, and fair trial. Investigation is part of the trial, and the public has a deep interest, but the dissemination of unverified information can mislead,” the bench observed.

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The court further warned both the media and the public against spreading false news related to the case. It instructed the SIT to submit status report of the investigation once in every two weeks in a sealed cover and said it would review the matter again after10 days.

The Court also deemed it appropriate that copy of the records ordered to be seized be kept in its safe custody. Keeping this in mind, it added:

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"...We had ordered the seizure of the entire records relating to the Dwarapalakas. Now we have come across instances of wrongdoings in so far as the side frames are concerned, all the records which have been seized, copy of all the records to be submitted to the Registrar General of this Court for safe custody. In respect to all documents reference to which have been made by this Court in the earlier orders," said the bench.

As the gold scam triggered a political row in the state, the court assigned former HC judge Justice KT Sankaran to visit the temple on October 11-12 and take inventory of the all valuables at Sabarimala temple.

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The court constituted the SIT on October 6, taking suo motu cognisance of the missing gold based on a report from the Special Commissioner. According to the report, gold-clad copper coverings of the Dwarapalaka idols and the Peedam on which the idols were fixed were removed without prior intimation.

The Travancore Devaswom Board (TDB), with sponsorship from devotee Unnikrishnan Potty, had sent the items to Smart Creations for electroplating. During hearings, the bench noted that the weight of the gold had reportedly reduced by around 4 kg after the idols were handed over to Potty in 2019.

Following the matter coming to light, the Devaswom vigilance conducted an inquiry and submitted a report to the court on Friday. Rumours suggest that the vigilance report indicated possible involvement of TDB officials in the alleged scam.

(With Live Law and Bar & Bench inputs)

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