Kerala HC Quotes Advaitham Lyric, Says Gold Recovery Crucial in Sabarimala Gold theft
Kochi: The Kerala High Court has observed that failure to recover the gold allegedly misappropriated from the Sabarimala temple would give an undue advantage to the accused and could render the entire prosecution meaningless.
Justice A. Badharudeen made the remark while dismissing the bail petitions filed by former Travancore Devaswom Board (TDB) president A. Padmakumar, TDB deputy commissioner B. Murari Babu, and Ballari-based jeweller Roddam Pandu Rangaiah Naga Govardhan, all accused in the Sabarimala gold heist case.
The court noted that the investigation into the alleged misappropriation of gold from the temple’s valuables is still at a midway stage and that a substantial portion of the gold is yet to be recovered. According to the prosecution, two cases were registered in connection with the theft, involving the misappropriation of a total of 4,147 grams of gold. However, only 474.960 grams have been recovered so far, and that too from Govardhan.
The High Court observed that the investigation does not indicate the method adopted to recover the remaining gold. It emphasised that for an effective prosecution, recovery of the misappropriated gold is essential, or alternatively, the investigating officer must provide cogent and convincing reasons to establish that recovery has been frustrated or rendered impossible.
Directing the investigating officer to focus on this crucial aspect, the court said such steps are necessary to ensure a meaningful and effective investigation.
The court also rejected Govardhan’s claim that he was a regular donor to Sabarimala, stating that this alone could not absolve him of the allegation of involvement in the misappropriation. Although he contended that he had remitted the monetary value of the gold he had received, the court observed that even a small offering made to the deity carries an antique and sacred value that cannot be measured in monetary terms.
“The antique value of the gold allegedly removed from the dwarapalaka idols and door frames, located close to the sanctum, cannot be quantified in terms of money,” the court said.
Regarding Padmakumar, the court observed that granting him bail could hamper the investigating officer’s opportunity to jointly question all Devaswom Board members to elicit further details of the alleged misappropriation. It also noted that Padmakumar, being a former MLA and an influential person, could interfere with the investigation, including efforts to recover the remaining gold, if released on bail.
Similarly, the court held that Murari Babu, being a prime accused, should not be granted bail as it could obstruct the investigation, particularly the recovery of gold.
In a striking reference, the court also quoted lines from a well-known song from the Malayalam film Advaitham-, “Panchagni madhye thapasu cheythalume…,”. Referring to the lyrics, which translated into English read, “Even if one performs penance in the midst of five fires (Panchagni), would it be a sufficient atonement for these sinful deeds?”, the court said everybody, “regardless of their caste or creed or stature”, may be murmuring this song “to have a sigh of relief and to express their grief, dissatisfaction, and discontent regarding the nature of allegations involved in these crimes”.
A Special Investigation Team (SIT) is probing the cases related to the loss of gold from the Dwarapalaka idols and the Sreekovil door frames at the Lord Ayyappa temple at Sabarimala. The SIT has so far arrested 12 people, including two former TDB presidents, in the two cases.