In a significant order, the Kerala High Court on Thursday noted that the entry of women activists to Sabarimala Temple was a controversial issue and observed that the Kerala government supported the entry of activist women to Sabarimala Temple, reports Live Law.
Hearing the bail application of two persons accused of spraying ‘chemical spray’ on activist Bindu Ammini who had planned to desecrate Sabarimala, the Kerala High Court noted that it is not disputed that the Kerala Government was on one side and the RSS, BJP, and many Hindu organisations were on the other side of the Sabarimala issue.
“The RSS/BJP and many Hindu organisations protested against the entry of activist women to Sabarimala Temple. However, the Government of Kerala supported the entry of activist women to Sabarimala Temple,” said Kerala High Court.
Most importantly, the Kerala High Court also admitted that the Bindu Ammini was an ‘activist’ and not a devotee.
Granting bail to the two accused, a Bench of Justice B Sudheendra Kumar found that the allegations against BJP/RSS workers Prateesh Viswanath and CC Rajagopal appeared to be tainted with malafide.
“When viewed the above facts in the light of the admitted fact that the appellants are leaders/supporters of RSS/BJP, who opposed the entry of women activists to Sabarimala Temple, it appears that the allegations raised against the appellants by the victim before the police are prima facie tainted with malafide,” read Kerala High Court order.
No case against appellants as there is no evidence, says Kerala High Court
‘Activist’ Bindu Ammini, who had attempted to desecrate the Sabarimala’s age-old tradition barring women in the 10-50 age group to enter the shrine, had accused the two Hindu activists of spraying ‘chemical’ spray while waiting near the Ernakulam police commissioner’s office on November 26 seeking police protection to enter the Sabarimala shrine.
The alleged incident had taken place in the backdrop of the Supreme Court’s verdict allowing women entry into Sabarimala temple. The Supreme Court had refused to issue police protection to ‘activists’ like Bindu Ammini, who sought to enter the temple, stating that the issue was ’emotive’.
In her complaint, Ammini had claimed that a group of around five persons including the two appellants, Pratheesh R and CC Rajagopal, had approached her chanting the Ayyappa hymns, after which one person sprayed the substance on her. In her subsequent statement, she had claimed that the activists had touched her body in the presence of the public and humiliated her by calling ‘Urban Naxal’.
After referring to witness statements, statements made by Ammini and the audiovisual recording, the High Court concluded that no case against the appellants was disclosed from the material. The Kerala High Court pointed out that media persons were present at the spot, yet there was no visual showing Pratheesh and Rajagopal along with the first accused.