SC notice to Kerala govt on VHP plea seeking free transport for pilgrims at Sabarimala temple

The Supreme Court on Friday issued notice to the Kerala government on a plea by the Vishwa Hindu Parishad seeking permits to provide free of cost transport for pilgrims from Nilakkal to Pamba in Sabarimala temple.

A bench of Justices Surya Kant and K V Viswanathan sought reply from the Kerala government.

Senior advocate V Chithambaresh, appearing for VHP’s Kerala unit, contended the pilgrims had to wait in long serpentine queues for more than 24 hours to enter the temple, and that recently one minor girl had died.

The petitioner challenged the Kerala High Court's order, declining to entertain its plea for special contract carriage permits to ferry pilgrims at the Sabarimala temple area.

The plea, filed through advocate Anne Mathew, said, “The high court failed to appreciate that the right to conduct free transportation from the standpoint of the operator/permit holder is a right associated with his right to conduct business in all lawful forms including right to conduct the transportation free of cost”.

The plea contended that the high court ought to have considered that there is no legal prohibition for the operation of contract carriage vehicles between Nilakkal and Pamba as offered by the petitioner in the larger public interest and also having regard to the object and purpose of the Motor Vehicles Act, namely, efficient, adequate, economical and properly co-ordinated road transport.

“The economical aspect to have the option to travel at cheaper rates is one of the facets of the travelling public and the government is duty bound to facilitate such a proposal particularly when access to road and transport had been declared to be a fundamental right under Article 19(1)(d) and 21 of the Constitution of India,” the plea said.

The plea said after the 2018 flood and Covid-19 pandemic vehicular traffic has been restricted and that only the Kerala State Road Transport Corporation (KSRTC) is conducting service between Nilakkal and Pamba, with all other vehicles having to park at Nilakkal.

"It is a hectic and troublesome experience for them to board the KSRTC buses crowded with pilgrims up to Pamba causing both physical and mental strain," the plea claimed.

It said there are two important intermediate places having vehicle access at Nilakkal and Pamba and the distance between the two places is around 22.1 kilometres.

“A devotee coming to Sabarimala has to cross these points and on reaching Pamba has to walk on foot for nearly 4 KM to reach Sannidhanam. In the earlier days until recently up till 2018, the devotee could take his vehicle up to Pamba. However, on account of the 2018-19 flood situation and also account of Covid19 pandemic situation the devotees are permitted to travel in their vehicles only up to Nilakkal,” the plea said.

It further added that thereafter the only option available to them is to avail the KSRTC to reach Pamba, and that the KSRTC has monopolised the operation of the vehicles between the two destinations.

“Moreover, the KSRTC is levying huge amounts from the devotees for the transportation without even extending the requisite comfort and convenience to the pilgrims. Furthermore, the pilgrims are forced to pay high charges to the KSRTC for A/C and non A/C Jnurum buses. The fare and freight levied by KSRTC is not affordable by most of the poor pilgrims,” it said.