Meanwhile, the Cochin devasom board stated that the ‘pathivu’ register maintained by the devaswom from 1957 onwards would show that 15 elephants have always been paraded in the festival. Hence they sought an exemption from complying with the directions issued by the Court on November 13.

According to the Board, the traditions and rituals of Sree Poornathrayeesha Temple are still under the control of the Ruler of Cochin (now represented by the Palace Administration Board) and it is not open to the Devaswom Board to tinker with the rituals without the permission and directions of the Palace Administration Board. If such distance is maintained, it will not be possible to parade 15 elephants inside the temple. “The orders issued by the Court, to the extent they tend to interfere with rituals that are like essential religious practice, would fall foul of the rights guaranteed by Articles 25 and 26 of the Constitution of India, and cannot be sustained,” said the Board.

The Board submitted that even if any of the other directions are not modified, the order to maintain the three-meter distance between elephants, while they are being paraded, may be removed as it is impractical and will interfere with the conduct of the festival.

The court said that the availability of space for parading elephants inside the Poornathrayeesa temple is stated to be 22 meters and a little more. It is not disputed before the court that the festival results in a very large number of people including women and small children convening at the temple and its premises.

“We are afraid that in the interest of safety, we cannot reduce the distance of three metres which we have directed to be maintained in the order,” said the court.