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Justices Subramaniam and Satya Narayana Prasad of Madras High Court recently observed that no doubt large-scale corrupt activities are happening in temples, however, the whistleblowers while bringing out such activities, are expected to exercise their rights in the manner known to law and not in a high handed manner.

Court held the above while considering a writ petition filed by certain persons against a whistleblower to investigate his sudden enhancement of financial and social status by using an organisation called Thiruthondar Sabhai  to interfere in the administration of the Hindu temples in the State and seeking enquiry. 

The petitioners contended that the whistleblower is of the habit of filing writ petitions for initiation of action against the officials of the Hindu Religious and Charitable Endowments [HR&CE]. It was further contended that in the process, he commits acts of  excess inside the temple premises and threatens the officials and staff of the temples. 

Court noted that the whistleblower has  filed an affidavit stating that he has no intention to commit any such illegality or irregular activities and though there were certain quarrels between the officials and him but he had no intention to threaten or act in any manner in violation of law.

On hearing the parties, at the outset, Court held that the rights of the whistle-blowers are to be protected by the Courts in the interest of public. "Very few whistle-blowers are initiating actions against certain illegalities committed by the public authorities and the custodians of the temple properties."

However, Court added that if any acts of excess is committed by a whistle blower, the authorities against whom such acts are committed are empowered to lodge a complaint before the concerned higher authorities and before the police.

It has also been noted that a person while demanding the enforcement of his rights must always keep in mind that he has got to abide by certain duties as well. “There is a growing trend of claiming rights alone. However, people are less interested in reminding their duties, which is not a desirable situation and cannot be in consonance with the constitutional philosophy,” Cout said.

Court also noted that there is no doubt that large scale corrupt activities are happening in in temple and that the vast extent of immovable properties and the jewellery belonging to the temples are improperly dealt with.

Court also took note of the fact that several cases are also pending before various Courts in this regard and that the whistle-blowers play an important role. It was held that their efforts at no circumstances should  be strangulated by any person, however, the whistle-blowers while bringing out the public causes, are expected to exercise their rights in the manner known to law and excess exercise or high handedness can never be allowed.

Based on the undertaking given by the whistle blower not to interfere with the temple activities or implead parties who are not connected to the issues, Court disposed off the writ petition.

Case title: Kandasamy Vs State of Tamil Nadu