Communist governments all over have taken over Hindu temples: Retired Justice Indu Malhotra

A video of former Supreme Court judge Justice Indu Malhotra has emerged on social media in which she is seen claiming that Communists governments all over have acquired control of Hindu temples.

In the video, Justice Malhotra can be seen telling a group of people that she and Justice UU Lalit (the current Chief Justice of India) halted such a bid with respect to the Shree Padmanabhaswamy temple in Kerala's capital, Thiruvanathapuram.

The video seems to have been shot outside the temple premises.

"That is what happens with these Communist governments. They want to just take over because of the revenue. Their problem is the revenue. All over they have taken over. All over. Only Hindu temples. So Justice Lalit and I told, no we will not allow it," she is seen saying.

She was referring to the July 2020 judgment of the Supreme Court delivered by her and Justice Lalit in which the top court had ruled that the Travancore royal family has rights to maintain and manage the Shree Padmanabhaswamy temple.

The Court, thereby, allowed the appeal filed by the Maharajah of the royal family challenging a 2011 Kerala high court judgment that had given these rights to the Kerala government.

The apex court in its judgment held that the royal family’s Shebaitship, which is the right to manage the temple and the deity, will not come to an end with the death of the ruler, who signed the instrument of accession with the Indian government in 1949 by which the erstwhile princely state of Travancore merged with the Indian union.

“We hold that the death of Sree Chithira Thirunal Balarama Varma who had signed the Covenant, would not in any way affect the Shebaitship of the Temple held by the royal family of Travancore,” the top court had ruled.

The Court had also formed a five-member administrative committee to manage and administer the temple.

The administrative committee comprising District Judge of Thiruvananthapuram, one nominee of the Maharajah of the royal family, one nominee of the Kerala government, one member nominated by the Ministry of Culture, Government of India and the Chief Thantri (priest) of the temple, currently manages the temple.

Interestingly, the Court had clarified in its judgment that the repeal of a law, which forms the basis of the judgment, can lead to the termination of Shebait rights of the royal family.

The ruling was based on the Travancore-Cochin Hindu Religious Institutions Act (TC Act) law enacted by the state of Travancore-Cochin which was the precursor to the Kerala state.

Section 18(2) of the Act which provides that the administration of the Padmanabhaswamy temple all other properties and funds of the temple will be vested with the ruler of Travancore.

The Court had said that repeal of that law from the statute book by the State legislature can lead to the termination of royal family's Shebait rights.

In paragraph 90 of the judgment, the Court had said,

"If the provisions of the TC Act to the extent it enacted Chapter III of Part I dealing with “Sree Padmanabhaswamy Temple” and related provisions are taken to be an exercise by the concerned Legislature with “due regard” to the assurances and guarantees in covenant or agreements in terms of Article 362 as it existed then even with deletion of Article 362 the concerned provisions would still be operative so long as appropriate steps are not taken by the concerned Legislature."

Justice Malhotra is yet to respond to text messages and calls from Bar & Bench.