HC transfers idol theft cases to one court; Raps HR&CE dept

The Madras High Court today ordered transfer of all pending idol theft cases in Tamil Nadu to a court in Kumbakonam for speedy disposal and directed former Idol Wing IGP A G Pon Manickavel, recently transferred from the post, and his team to continue the probe.
Taking a serious view of theft of ancient idols, Justice R Mahadevan, who gave a detailed order on two connected petitions, expressed anguish that the HR and CE department, administering a large number of temples in the state, had failed to protect the antique items and other valuables.
He transferred cases pending across the state to Additional Chief Judicial Magistrate court in Kumbakonam in Thanjavur district, from where a number of idol thefts had been reported, for effective and speedy disposal on day-to-day basis.

Giving a series of directions, he ordered computerisation of details of idols in the state. All temples should have a strong room where the idols could be kept and appropriate security, including 24X7 video surveillance and alarm. It should be done in consultation with a court-appointed team.
The Judge directed the Chief Secretary to issue orders in a week for creation of a special Idol Wing camp in Tiruchirappalli headed by Manickavel, credited with cracking several cases and recovering various ancient idols worth crores of rupees during his stint with the wing.
The camp would comprise personnel of the Idol Wing who were associated with the IGP earlier for completion of the trial in pending cases and must be extended all facilities, he said.

Referring to a submission that the IGP had been recently shifted from the wing, the Judge said though it could be claimed as a routine transfer, "this court feels it otherwise".

"The officer has been supervising the cases and has efficiently traced and recovered several idols worth crores of rupees... For the sake of continuity and speedy completion of the investigation in pending cases, this court is of the view that Manickavel and his team must continue despite the work assigned to them presently," the Judge said in his order.
He, however, added it was not that the succeeding officer was less efficient. It was only for continuity, Manickavel and his team should probe the pending cases.

The court pulled up the Hindu Religious and Charitable Endowments (HR & CE) department over the idol thefts.
"The department is the custodian of most of the temples and their properties, including idols belonging to them. It is their primary duty to protect these temples and safeguard valuable idols, antiques, which this court with great anguish expresses that the department has failed to do so.
"It is startling to find out that the HR&CE department with all its income from major temples is not able to maintain historical temples and safeguard the idols which have antique value based on their age," the judge observed.

He also noted that idols cannot be smuggled abroad unless there was a misdeclaration, which will warrant action by the Directorate of Revenue Intelligence (DRI) Customs authorities against the exporter etc.
Noting that that court had not come across a single case where the accused had been independently prosecuted under the Customs Act and the Finance Act, the Judge impleadedthe Union Revenue Secretary as a respondent.
He directed the official to submit a report on preventive measures that can be taken to check idol smuggling such as screening of packages sent out of the country.
He ordered the prosecution to submit details of the idol smuggling cases to the Revenue Secretary to enable him issue directions for initiating action under the Customs Act.

Referring to the petition by R Venkataraman, who alleged that six idols had been removed illegally from ancient Sri Pasupatheeswarar temple in Pandanallur in Thanjavur District, with the connivance of some officials, the Judge directed registeration of an FIR.
He also ordered prosecution of delinquent officials, besides initiation of departmental proceedings.
In the other petition, advocate Elephant Rajendran wanted the probe into the alleged sale of some 'Panchaloha' (alloy of five metals) idols by a few police officials connected to the idol wing, which came to light recently, to be done by an officer not below the rank of Superintendent of Police.

The Judge ordered initiation of departmental proceedings against the personnel allegedly involved in the case and sought a compliance report by September 4.