An old video of retired Supreme Court Justice Indu Malhotra, where she claims that Hindu temples have been taken over by Communist governments, has gained significant traction on social media.
Referring to Kerala’s Padmanabhaswamy temple, she is heard saying that she, along with the now-Chief Justice of India, UU Lalit, had halted such takeovers by the government, like in Kerala, where she alleged that the state government specifically took over Hindu temples “for revenue.”
She added that she would not allow it.
In the video, the retired justice says:
“This is what happens with these Communist governments. They want to take over because of their (temple's) revenue. Their problem is the revenue. All over, they have taken over.. all over.. only Hindu temples.”
The video, which is shot outside the Padmanabhaswamy temple in Thiruvananthapuram, shows Malhotra referring to the Supreme Court’s judgment upholding the Travancore royal family’s right to manage and control the temple after the death of the king of Travancore.
‘Deeply Prejudiced Against Communists’: CPI(M) Leader Thomas Isaac
Communist Party of India (Marxist) leader Thomas Isaac said, “Justice Indu Malhotra is ignorant of the public finance of the Kerala government, and, worse, deeply prejudiced against communists.”
“Not a paise of temple revenues enter budget receipts, while hundreds of crores are spent for facilities for devotees and to support temple administration,” he added.
LiveLaw managing editor Manu Sebastian claimed that Malhotra’s statement is ironic, and said, “The irony in J Indu Malhotra’s statement is that the judgment in Sree Padmanabhaswamy Temple case directed the Temple Administrative Committee to pay back nearly Rs 11.70 crore to the State Govt towards the expenses incurred by the State for the temple.”
The Science editor at The Hindu, R Prasad, said, “So the former Supreme Court Justice Indu Malhotra and the current CJI allowed their bias and prejudice, and not the merits of the case to overturn the Kerala High Court order that entrusted the Kerala government with the Padmanabha Swamy Temple Administration. Wonderful”
The Travancore Royal Family's Supreme Court Plea
The royal family of Travancore had filed an appeal in the Supreme Court, challenging a 2011 Kerala High Court judgment, which gave the Padmanabhaswamy temple's maintenance rights to the Kerala government.
A two-judge Supreme Court bench, composed of Justice Lalit and Malhotra, had delivered the verdict on the close to two decade-long temple management dispute.
The court had observed that the death of the last Majaraja of Travancore in no way should affect the temple’s management, which is held by the royal family.
Kerala is currently ruled by an alliance of left-wing parties, forming the Left Democratic Front government. The state government had accepted the verdict and not appealed against it.
Dissenter During Sabrimala Verdict
Malhotra was the first woman advocate to be elevated as a judge, and was the sole dissenter in the Sabrimala temple entry case where she favoured the protection of religious interests instead of allowing the entry of women inside the temple.
She had said that hearing PILs challenging religious practices affects the secular fabric of India.
In her judgment, Justice Malhotra had held, “Issues of deep religious sentiments should not ordinarily be interfered by the court… What constitutes essential religious practice is for the religious community to decide, not for the court.”
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