A video has emerged of retired Supreme Court judge Justice Indu Malhotra remarking that Communist governments are “taking over” Hindu temples across the country. The video seems to have been captured a couple of days ago, outside the Padmanabha Swamy Temple in Thiruvananthapuram, where the retired judge was interacting with devotees.
In the video, a woman is heard telling the judge, “We are so proud of you ma’am…You guys have done a wonderful job”. The devotees are talking about the 2020 Supreme Court judgment — which Justice Indu Malhotra was a co-author of — upholding the rights of the Travancore royal family to maintain and manage the temple. Justice Indu Malhotra then responds, “...how can you exclude them from the administration? That’s what happens with these Communist governments, they just want to 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 said no, we will not allow it,” she says in the video, and smiles. Someone then says, “We are so proud of you,” to which she responds, “Thank you.”
Former #SupremeCourt Justice Indu Malhotra remarks that the Communists Government have taken over the Hindu Temples, "They want to just take over because of the Revenue...There problem is the revenue."
— Deepankar Malviya (@Deepankar_0047) August 29, 2022
She was a part of the Constitution Bench hearing Sabrimala and gave dissent. pic.twitter.com/cj5MnnnJbZ
The video of the judge, which soon went viral on social media, has sparked a debate online, with the state’s former Finance Minister and veteran CPI(M) leader Thomas Isaac too dismissing the judge’s remarks. “Justice Indu Malhotra is ignorant of public finance of 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,” Isaac said in a tweet.
Justice Indu Malhotra is ignorant of public finance of 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.
— Thomas Isaac (@drthomasisaac) August 29, 2022
In 2020, a Supreme Court bench comprising now-CJI Justice UU Lalit and Justice Indu Malhotra reversed the 2011 Kerala High Court order, which had said that the royal family’s rights over the temple ceased with the death of the last ruler of Travancore, Sree Chithira Thirunal, in 1991. The bench, however, said that the interim expert committee will continue to manage the temple’s affairs until the royal family forms a final committee. This committee will be temporarily headed by a Thiruvananthapuram District Judge.
The Padmanabha Swamy Temple, located near East Fort in Thiruvananthapuram, has Lord Vishnu in Anantha Shayana posture as its deity. In the beginning, the temple was controlled by ‘Ettarayogam’, a group that comprised seven potties, one Nair, one Nair chief, and the king. The properties of the temple were managed by ‘Ettuveettil Pillamar’, who are prominent Nair persons from eight families across the state.
As per reports, the temple had remained closed for some years due to a dispute between the Pottis and the king. Later, it was under the direct control of the Anizham Thirunal Marthanda Varma. It was after him that the control of the temple was given to the state, during British rule. After the agreement between princely states in 1949, the temple's administration was vested in the trust of the ruler of Travancore.
Even after the last ruler, the state allowed Uthradam Thirunal Marthanda Varma, the brother of the previous ruler, to manage the temple. But when he claimed that the treasuresof the temple belong to the royal family, many of the devotees filed civil cases in the courts. Later, he approached the High Court, which ruled that rule is not a status acquired through succession, so Marthanda Varma could not hold that position, as after the last ruler there is no ruler.
The High Court bench comprising Justices CN Ramachandran Nair and K Surendra Mohan then directed the state to take over the temple to protect the interest of the devotees.
Later, in 2011, Uthradam Thirunal Marthanda Varma approached the Supreme Court. It was in this case that the Supreme Court pronounced its order in July 2020, upholding the administrative right of the royal family over the Sree Padmanabhaswamy temple.