Idol theft: HC says police can continue extradition proceeding

"It is crystal clear that so long as proceedings initiated under Extradition Act is pending it will not be appropriate for the magistrate to recall NBW," Justice S Nagamuthu held.

The court was allowing a plea filed by the 'Idol Theft Wing' of the crime branch-CID, seeking to quash the Jayankondam Judicial Magistrate's April 12 order, recalling the NBW issued against Subash Chandra Kapoor, imprisoned at a jail in Cologne.

The judge said "the investigating officer will be at liberty to proceed with extradition proceedings". All proceedings subsequent to recall of the NBW would also stand discharged, the judge said.

Nagamuthu said if the respondent (Kapoor) was set free by the German authorities, there was no assurance, he would return to India and appear before the trial court.

The judicial magistrate had passed the order in a mechanical fashion and it suffered from infirmities, he said. Noting that the stolen property was 'our national assets', the judge said it was the government's duty to ensure that the idols were secured and restored.

According to CB-CID, 18 antique metal idols went missing from Sri Varadaraja Perumal Temple in Suthamalli village on April 13, 2008. It came to light that seven persons, including Kapoor were involved in the theft.

Meanwhile, the charge sheet was filed and the magistrate took cognisance of it. NBW was issued on November 25 last.

Thereafter, a red-corner notice was issued by CB-CID and based on it the German authorities detained Kapoor. After extradition proceedings had commenced, Kapoor had approached the high court for anticipatory bail. It was turned down by the court which gave Kapoor the liberty to approach the magistrate to recall the NWB. Following recall of NBW, CB-CID moved the high court to quash the order.