Kerala High Court Asserts Authority Over Temple and Waqf Affairs in Two Landmark Cases

Kochi, Kerala – The Kerala High Court has recently taken decisive action in two separate, high-profile cases involving religious institutions, underscoring its role as a vigilant overseer of administrative integrity and procedural law. In a suo motu proceeding concerning the famed Sabarimala temple, the Court has ordered a comprehensive, police-led investigation into missing gold and cautioned the media against sensationalism. Simultaneously, a Division Bench delivered a scathing judgment against the Kerala Waqf Board, labeling its decades-delayed declaration of property as waqf a "land-grabbing tactic."

These rulings highlight the judiciary's increasing willingness to scrutinize the operations of quasi-autonomous religious and administrative bodies, emphasizing accountability, adherence to statutory mandates, and the protection of individual rights.

SIT Probe Ordered into Missing Sabarimala Gold Amidst Media Caution

A Division Bench comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar has intensified its inquiry into significant discrepancies surrounding the gold-plated coverings of the "Dwarapalaka idols" (door guardians) at the Sabarimala temple. The Court has now directed the State Police Chief to register a crime and has formalized a Special Investigation Team (SIT) to conduct a thorough probe into the matter, demanding fortnightly progress reports be submitted in sealed covers.

The case, initiated suo motu based on a report from the Sabarimala Special Commissioner, centers on the handling of repairs for the temple's valuables. The Travancore Devaswom Board (TDB), which manages the temple, entrusted the gold-plated copper coverings to a Chennai-based firm, 'Smart Creations', for restoration under the sponsorship of a devotee named Unnikrishnan Potti. This was done without prior intimation to the High Court or its appointed commissioner, a procedural lapse that first drew judicial ire.

Discrepancies and Recoveries Fuel Investigation

The Court's concern escalated upon reviewing reports that revealed a significant weight discrepancy in the valuables. While records show that 42.8 kilograms of items were handed to Mr. Potti for transport to the repair firm, the firm's own records indicate the receipt of only approximately 38 kilograms.

"What we have noticed, though, is that the media is interviewing people who are just somewhat familiar with the issues. Newspapers, print media, and electronic media all provide contradicting reports," the Court observed, highlighting the potential for misinformation to derail the process.

Subsequent vigilance reports have deepened the mystery, confirming the recovery of gold-plated pedhams (ornamental pieces) from the residence of Mr. Potti's sister. Investigators also unearthed missing entries in the Thiruvabharanam diary, a crucial ledger documenting gold ornaments offered by devotees, and noted serious irregularities in the TDB's record-keeping.

In response to these findings, the Court appointed retired judge Justice K.T. Sankaran to oversee a complete inventory of all valuables at the Sabarimala temple. Justice Sankaran is scheduled to visit the temple over the weekend to commence this significant task. The State Police Chief, who now heads the court-mandated SIT, has been formally impleaded in the case, ensuring the investigation proceeds with the full authority of law enforcement.

A Stern Warning to the Media

In a notable addendum to its order, the Bench issued a strong advisory to the media, urging restraint and responsible reporting on the sensitive case. The judges noted that "speculative, hasty, and careless reporting" could prejudice the investigation and infringe upon the rights of the individuals involved.

The Court expressed disapproval of media outlets giving platforms to "people who are just somewhat familiar with the issues" and criticized the rise of citizen journalism where individuals with "a cell phone and a video camera but little knowledge" broadcast content that could violate an accused's rights. While acknowledging the public's right to information, the Bench stressed that this right must be balanced with the right to a fair and impartial trial process, of which the investigation is an integral part. The SIT has also been explicitly barred from speaking to the media about the ongoing probe.

The case is scheduled to be heard again in 10 days, with the SIT's initial findings expected to be a key focus.

High Court Slams Waqf Board, Upholds State Inquiry in Munambam Land Dispute

In a separate and equally impactful judgment, a Division Bench of Justices S.A. Dharmadhikari and Syam Kumar V.M. delivered a powerful critique of the Kerala Waqf Board's (KWB) conduct in the long-standing Munambam land dispute. The Court set aside a single-judge order and upheld the State government's authority to form an inquiry commission, ruling that the KWB's 2019 declaration classifying the disputed property as waqf was "bad in law."

The Bench described the KWB's action, which came nearly 70 years after the original land endowment, as "nothing less than a land grabbing tactics" that threatened the livelihood of hundreds of families residing on the land.

A Gift Deed, Not a Waqf

The core of the legal dispute, outlined in State of Kerala v. Kerala Waqf Samrakshana Vedhi , revolved around the interpretation of a 1950 deed. The property, originally 404 acres, was given to Farook College by Siddique Sait. The Division Bench unequivocally held that this was a "simpliciter a gift deed" and not a waqf deed, as it lacked the essential element of a permanent dedication to God.

"The endowment deed of 1950 never intended to create any ‘permanent dedication in favour of the Almighty God’, but was simpliciter a gift deed... and therefore could have never qualified as a ‘waqf deed’ under any of the enactments of the Waqf Act 1954, 1984, or 1995," the judgment stated emphatically.

The Court found that the KWB's belated declaration in 2019 was issued with "unreasonable delay" and in "palpable violation" of the statutory provisions of successive Waqf Acts. It pointed to the absence of a mandatory survey, a quasi-judicial inquiry, and proper gazette notification as fatal procedural flaws. Consequently, the Court declared that the State government is not bound by the KWB's declaration.

Upholding the State's Power to Inquire

The judgment reversed a single-judge ruling that had quashed a State-appointed inquiry commission led by retired Justice C.N. Ramachandran Nair. The commission was established to find solutions for the nearly 600 families facing eviction after the KWB's declaration. The single judge had opined that the State could not intervene in matters adjudicated under the Waqf Act.

However, the Division Bench ruled that the original writ petitioners who challenged the commission lacked the necessary locus standi . More importantly, it held that the KWB's legally flawed declaration could not act as a bar to the State government constituting an inquiry commission to address the widespread public grievance. The ruling affirms the State's statutory powers under Section 97 of the Waqf Act, 1995, to issue directions post-inquiry.

This decision provides significant relief to the resident families of Munambam and sets a critical precedent on the limits of Waqf Board authority and the imperative of adhering to statutory timelines and procedures in classifying properties.

Other Legal Developments

Briefly, in other news impacting the Indian legal landscape:

• Karnataka Bomb Case: A complaint has been filed seeking to reopen the 2003 Legislators' Home bomb planting case. The original accused, Girish Mattannavar, was acquitted in 2016, but the complainant alleges new video evidence warrants a fresh probe, potentially by the National Investigation Agency (NIA).
• Contaminated Syrup PIL: The Supreme Court dismissed a PIL seeking a high-level investigation into child deaths allegedly linked to contaminated cough syrup. The Bench, noting the petitioner's history of filing PILs, stated that it trusted state governments to take the necessary steps.