Kerala High Court Directs State To Expedite Prosecution Sanction In Sabarimala Gold Theft Doorframes Case, asking the authorities to obtain the pending legal advice without delay so that the Special Investigation Team can file its final report before the jurisdictional court.
Kochi: The Kerala High Court on October 26 directed the State to expedite the process of obtaining the legal advice needed to seek prosecution sanction in the Sabarimala gold theft cases, so that the Special Investigation Team (SIT) can place its final report before the jurisdictional court without delay [Suo Motu v. State of Kerala].
A Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order in the suo motu writ petition. Director General of Prosecution T. Asaf Ali appeared for the State, and P. Sasidharan IPS, who heads the SIT, was before the Court. The allegations in the crimes under investigation are untested, the Court has expressed no view on their merits, and everyone concerned is presumed innocent.
How the case reached here
The Court has been monitoring two SIT investigations into alleged misappropriation of gold at the Sabarimala temple: the Dwarapalaka idols case (Crime No. 3700 of 2025) and the doorframes case (Crime No. 3701 of 2025). In early September, the Bench asked the SIT to file its final report in the doorframes case by September 25. On October 7, it fixed October 25 as the date for the sanction request and final report in the doorframes case and November 25 for the Dwarapalaka idols case, after noting that the analysis reports and the Forensic Science Laboratory report had been received and that both investigations were at a final stage.
What the Court was told
The SIT informed the Court that the investigation in Crime No. 3701 of 2025 is complete and that prosecution sanction under Section 19(1)(c) of the Prevention of Corruption Act, 1988 is required, since offences under that Act are alleged. The sanction request has not yet been filed because the Assistant Legal Advisor, whose advice forms part of the sanction proforma, has not yet assumed charge. The Director General of Prosecution submitted that all necessary steps would be taken to ensure that the officer assumes charge and that his advice is included in the request.
The directions
“we direct the concerned authorities to take all necessary steps to expedite the matter”
The Bench also directed that the requisite legal advice be obtained without delay, and that the SIT submit the final report before the jurisdictional court without any delay once the sanction is obtained. It further directed the SIT to complete the investigation in the Dwarapalaka idols case (Crime No. 3700 of 2025) within the time frame fixed in the order of October 7, 2026. The matter is posted for November 10, 2026.
The legal position
Section 19 of the Prevention of Corruption Act, 1988 bars a court from taking cognizance of specified offences against a public servant without the previous sanction of the competent authority. Until sanction is granted and the final report is filed, the trial court cannot take cognizance, which is why the Court has focused on the pending legal advice rather than on the investigation itself.
Why the order matters
The order shows the High Court keeping a timetable-driven watch on a high-profile investigation, and treating an unfilled administrative post as an obstacle that the State must remove. With the doorframes sanction request already past the October 25 date set earlier, the November 10 listing is the next point at which the Court can take stock.
Case Title: Suo Motu v. State of Kerala [WP(C) No. 40608 of 2025]
Bench: Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, Kerala High Court
Date of Order: October 26, 2026
Appearances: Director General of Prosecution T. Asaf Ali for the State