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Kerala High Court Directs Advanced Scientific and Metallurgical Examination in Sabarimala Gold Theft Investigation

 

Kerala High Court Directs Advanced Scientific and Metallurgical Examination in Sabarimala Gold Theft Investigation

The Kerala High Court has issued detailed directions in the course of suo motu proceedings concerning the ongoing investigation into the alleged misappropriation of gold from the Sabarimala Temple, emphasizing the necessity of advanced scientific and metallurgical testing to underpin the prosecution’s case. The matter, which was taken up by a Division Bench consisting of Justice Raja Vijayaraghavan V and Justice K V Jayakumar, reflects the court’s insistence that the investigation be supported by rigorous scientific evidence capable of withstanding legal scrutiny and providing clear, cogent, and legally sustainable conclusions. In its order, the High Court reiterated the importance of specialised examinations to establish the nature and extent of material alteration, whether in the form of depletion, removal, or replacement of gold on temple artefacts, for the investigation to progress toward a final report.

During the proceedings, the Investigating Officer appeared before the court and informed the bench of the current status of the inquiry. The focus of the court’s concern was on ensuring that the evidentiary basis for the charges in the misappropriation case was fortified by advanced metallurgical analysis, as earlier preliminary examinations were not sufficient to conclusively determine the elemental and alloy composition of the samples obtained from the temple’s artefacts. The court underscored that such scientific analysis would form the bedrock of the prosecution’s case, distinguishing between preliminary assessments and investigations grounded in scientifically derived data. It stressed that without such specialised testing, it would be challenging to draw objective, robust conclusions about whether and to what extent gold had been improperly removed from the gold-clad surfaces associated with the Sabarimala shrine.

In furtherance of this objective, the court directed that the advanced metallurgical tests should be conducted using specific methodologies capable of capturing detailed information about the samples’ composition and characteristics. The High Court revisited its earlier order, which had laid down a framework for the types of examinations to be undertaken. These included X-ray Fluorescence Spectroscopy (XRF), which would determine the surface elemental composition of samples; Inductively Coupled Plasma Mass Spectrometry (ICP-MS), which would provide ultra-trace impurity and elemental profiling; and Optical Emission Spectroscopy (OES), which would be used to assess alloy composition and metallurgical uniformity. The inclusion of these advanced scientific techniques was intended to provide a comprehensive forensic profile of the samples, enabling investigators to distinguish between original gold cladding and any subsequent metallurgical modifications. The court’s directive was specific in requiring that both questioned and control samples be subjected to these detailed examinations to yield comparative data that could be used objectively in the probe.

The Investigating Officer further informed the court that the National Metallurgical Laboratory (NML), Jamshedpur, had agreed to undertake the advanced tests without cost, a development that the bench welcomed as it would expedite the investigation while ensuring access to high-quality scientific facilities. A total of 36 samples related to the alleged theft had been collected and produced before the Enquiry Commissioner and Special Judge (Vigilance), Kollam, for onward transmission to the NML. Among these, 30 samples pertained to one crime number for 2025 and the remaining six were part of a separate crime number for the same year. The court acknowledged the assurance given by the laboratory that the examinations would be completed expeditiously, and noted that the scientific analysis at the NML would be a central element in determining the factual matrix underlying the allegations in the Sabarimala gold misappropriation case.

Beyond the metallurgical analysis, the court also addressed delays in obtaining ancillary evidence that the Investigating Team deemed necessary for a comprehensive investigation. The court was informed that efforts were underway to secure call data records (CDRs) relating to mobile phones allegedly used by certain accused persons. As more than two years had passed since the alleged events occurred, the retrieval of such data posed challenges. In response, the High Court granted the Investigating Officer permission to approach various mobile service providers, including Vodafone Idea, Jio, BSNL, and Airtel, for any available records that could assist in tracing communications and movements relevant to the case. The bench’s order directed that upon receipt of a formal request from the Investigating Officer and subject to the availability of records, the service providers should endeavour to furnish relevant data to the Special Investigation Team. This directive was framed with an understanding that digital evidence, such as CDRs, could provide corroborative support to physical and scientific evidence, forming part of a holistic investigatory approach.

The High Court also took note of other pending aspects of the investigation, including the ongoing analysis of DVR data and other records that were yet to be processed. These elements, the court recognised, formed interconnected strands of evidence that would collectively shape the eventual final report. In light of the assurances received from the NML regarding the rapid completion of metallurgical testing and the efforts to secure additional evidentiary materials, the court was informed that the Investigating Team expected to file the final report before the jurisdictional court on or before March 31. Taking this into account, the bench acknowledged the timeline proposed by the investigating authorities and directed that the final report should indeed be prepared and presented by that date, reflecting a targeted and time-bound approach to the resolution of this complex investigation.

The court’s order also referenced interim administrative measures being taken pursuant to its directions. The Government pleader informed the bench that, following the High Court’s earlier instructions, the Director of the Vigilance and Anti-Corruption Bureau (VACB) had issued an order appointing a Deputy Superintendent of Police (DySP) from the VACB, Thiruvananthapuram, to conduct a preliminary inquiry into allegations of irregularities concerning the misappropriation of gold in connection with the Temple Flag Mast at Sabarimala. This appointment was aimed at ensuring that another facet of the alleged irregularities was investigated concurrently. The DySP’s inquiry was expected to yield a report within a period of 30 days, adding another layer to the broader investigation framework, which seeks to probe and unravel various facets of the gold misappropriation allegations.

At the conclusion of its deliberations on the progress of the investigation and the directions issued, the High Court posted the matter for further consideration on March 26. This future hearing date was set to review the developments following the advanced metallurgical tests, progress in securing additional evidence, and the overall trajectory of the investigation ahead of the anticipated filing of the final report. The court’s carefully structured approach signals its ongoing judicial oversight of the Sabarimala gold theft probe, reflecting an effort to balance investigative thoroughness with procedural fairness. In doing so, the High Court continues to monitor and guide the Special Investigation Team’s efforts to assemble a body of evidence that is scientifically sound, legally sustainable, and capable of supporting any subsequent criminal prosecution.

The detailed directives issued by the court underscore its insistence that scientific rigour, combined with methodical investigative processes, is indispensable in complex cases alleging misappropriation of valuable temple property. By mandating advanced metallurgical analyses and facilitating the retrieval of complementary evidence, the High Court has sought to ensure that the investigation does not rest solely on preliminary findings but is reinforced by outcomes derived from specialised scientific methodologies. This judicial emphasis on objective, empirical evidence underscores the significance of scientific inquiry in contemporary legal investigations, particularly in cases where material evidence must be subjected to forensic scrutiny to establish facts beyond reasonable doubt. In this context, the High Court’s order stands as a detailed judicial roadmap for the continued investigation of the Sabarimala gold theft case. 

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