The Kerala High Court on Tuesday decided to reserve its orders regarding the bail applications submitted by former Travancore Devaswom Board (TDB) president N Vasu and deputy devaswom commissioner B Murari Babu. Both individuals are facing serious allegations in the high-profile Sabarimala gold theft case that has shaken the state.
Core Arguments in the Bail Hearing
During the crucial hearing, the legal teams for the accused and the state prosecution presented starkly contrasting arguments before Justice A Badharudeen. N Vasu, listed as the third accused, put forward a central claim in his petition. He argued that the doorframes of the temple's sreekovil (sanctum sanctorum) were originally constructed from copper plates. His counsel emphasized that there is a lack of documentary evidence to prove these frames were ever gold-clad initially.
The prosecution, representing the state, countered this claim forcefully. They submitted that all items listed in the First Information Report (FIR), including the contentious doorframes, were indeed covered in gold. To bolster their stance, they informed the court that witness statements confirming this detail have already been officially filed.
The Allegation and the Court's Scrutiny
The specific allegation against Vasu is serious. The prosecution claims he intentionally misdescribed the gold-clad doorframes as copper plates in official notes. These notes were prepared to seek approval for a gold-plating project for the temple items, raising suspicions of a planned theft.
An interesting development occurred when the prosecution expanded the scope of the case during arguments, mentioning not just doorframes but also lintels and other items. Justice Badharudeen, however, pointedly noted that the FIR specifically mentions only the doorframes. The judge orally questioned whether the prosecution had filed any additional report before the competent lower court to formally include these other items in the case.
The Crucial Question of Documentation
The High Court observed that a pivotal question remains unanswered: which document definitively establishes that the doorframes were originally gold-clad? The bench noted that the six items referenced by the prosecution should ideally have corresponding registers or official documents proving their accountability and material composition.
Advocates for the accused seized on this point, arguing that in the absence of such registers or documents, no culpability can be attached to Vasu. However, the High Court clarified its limited role in a bail proceeding. It opined that determining whether an offence was actually committed falls squarely within the domain of the trial court. The High Court's task is confined to a prima facie evaluation of the facts solely for the purpose of deciding the bail plea.
Details on the Second Accused: Murari Babu
The other applicant, B Murari Babu, faces charges in two related cases. He is the second accused in a case concerning the alleged theft of gold from the gold-clad coverings of the dwarapalaka (guardian deity) idols. Simultaneously, he is the sixth accused in a separate case alleging theft of gold from the gold-clad copper covering of the sreekovil doorframes.
Murari Babu, who was arrested on October 23 and has remained in judicial custody since, presented his defense. His petition contends that when the first accused, Unnikrishnan Potti, approached him with an offer to repair the gold-clad plates, he merely acted as a conduit. He claims his role was limited to forwarding the repair request to the temple's executive officer, implying a lack of criminal intent.
With the arguments concluded, the court has reserved its orders. The decision, when pronounced, will be a significant milestone in this sensitive case that involves the revered Sabarimala temple and allegations of pilferage from its sacred structures.
