The Supreme Court Today (March 6th) nullified a Kerala High Court ruling instructing the prosecution of a contractor for delivering contaminated cardamom used in making Aravana Prasadam at Sabarimala Temple. Justices AS Bopanna and PS Narasimha remarked that the High Court erred in considering the petitions filed by a party that was unsuccessful in securing the contract.
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NEW DELHI: The Supreme Court today has nullified the Kerala High Court’s directive to prosecute a contractor accused of supplying contaminated cardamom used in the preparation of Aravana Prasadam, a sacred offering at the Sabarimala Temple. This case, has caught significant attention due to its religious and health implications.
The bench, comprising Justices AS Bopanna and PS Narasimha, clarified their stance, stating,
“We have held that the writ petition should not have been allowed at all, and have, hence, allowed the appeals.”
This statement underscores the Supreme Court’s decision that the Kerala High Court should not have entertained the petitions filed by a disgruntled entity that failed to secure the contract.
The controversy began when the Kerala High Court, in January of the previous year, issued an interim order halting the distribution of Aravana Prasadam at the Sabarimala Temple. This decision came after a chemical analysis revealed that the cardamom used in the prasadam exceeded the permissible pesticide limits. The legal challenge was initiated by Ayyappa Spices, a former supplier of cardamom for the temple’s offering, who lost the contract for the 2022-23 period.
Ayyappa Spices had called for the annulment of the contract given to a new local supplier and demanded testing of the cardamom provided by the latter, identified only as Sunil. Subsequent tests confirmed that the pesticide levels in the cardamom were indeed above the safe thresholds.
In defense, the Travancore Devaswom Board argued that the Aravana Prasadam contained only minimal amounts of cardamom and suggested that the heating process involved in its preparation could negate the harmful effects, making the prasadam safe for consumption. The Board sought permission from the High Court to test samples of the sealed Aravana Prasadam in a food laboratory to confirm its safety.
However, the High Court, in an interim order passed in March 2023, refused to allow the testing of the prasadam. The court reasoned that if the cardamom was already found to be unsafe, the state should not distribute prasadam containing such contaminated ingredients. Following this, in April 2023, the High Court delivered its final judgment, instructing the Kerala Commissioner of Food Safety to initiate legal action against the contractor for supplying cardamom that was unfit for consumption, thereby breaching the tender conditions and causing a loss to the board.
The Supreme Court’s decision to overturn the High Court’s ruling has brought a new twist to this case, emphasizing the complexity of legal issues surrounding religious practices and public health. The apex court’s ruling underscores the importance of judicial discretion and the need for careful consideration of all factors, including contractual obligations and public safety, in legal disputes involving cultural and religious traditions.
CASE TITLE:
Travancore Devaswom Board vs Ayyappa Spices and ors.
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