SEKAR REPORTER

Court News from Madras High Court

Pon manikavel I therefore pray that this Hon’ble Court may be pleased to pass an order directing the Regist-y to post all the cases connected with idol theft before the Hon’ble Division Beach monitoring the cases and pass such odler or further orders as this Hon’ble Court may deem lit and proper in the circumstances of the case and render justice.

by ·

IN       IllGlt cotîlťlî OF rt      AT MADRAS

(CON’I’F,MP r

No,               or 2022

No, 105,1 of 2010

i,ľonn Manieknvel lnxpcvtor (îenevnl oť Police (Iłetd)

Otlieer & I lend oc

Idol Winc CII),

Attned Reservo Cntnpus,

ȚinłchimpalIi, Petitioner/Petitioner

I                       (iitîi.’i Vni(lyannthan

Fortner Chief         to Govemment

No,7, Central Avenue, Kes’łva Perunłnlpuratn Chennai 028.

Manli IAS

Additional Chief Seetrtłuy to Government

(l lotne I)epnttment)

Fort St George

Chennni 600 009,

3.Ătr.T.K.Rnjendran

Fortner I)ireetor General of Police

Plot            I(Yh Street. Nlognppnir

LRI Schetne

{ognppair West, Chennai 037.

tx•sidittg nt Plot NO.             Snini, .$nngani Coiony. Kottivakkatn. East Coass Road. Chennai         001 do hereby solemnly and sincetely        and state töllowg.

I ant the petitioner and the Petitioner in the Contempt Pctltion. I am pctse,nally acquainted with the facts deposed to here below.

  1. I submit that disobedience of the conunon orders passed in

Ctl.O.PNo.             8690/2017                      and            C.tl.O.P.No. 12060/201?  and

W.P.Nos.20392t201S and 20063/2018 is the issue in ti,e Contempt Petition.

1 submit that Cri.O.P.No.S690’2017 and Crl.o. 12060/2017  still pending. Sitnilarly,  and 20963/2018 are

3

also pending. This is evident from the order passed by the Hon’ble Supreme Court in Civil Appeal Nos.3918-19 of 2019.

  1. I submit that the investigation and trial of 011 idol theft cases reported up to 30/11/2019 have to be investigated and completed in accordance with the directions contained in the above orders.
  • I submit that certain administrative orders were passed by the former Hon’ble Chief Justice of this Hon’b!e Court regarding the hearing of idol theft cases as well as contempt petitions. After the resignation of the fomer Chief Justice the Administrative Committee of this Hon’ble High Court headed by the then Acting Chief Justice restored the original roster regarding hearing of contempt petitions by the court which passed the original order. Therefore, the contempt petitions are now being heard by this Hon’bie Court.

I submit that since the Court which passed the order is hearing the contempt petitions the monitoring of the investigation of the cases cm be only by the Court dealing with the contempt petitions.

  1. I submit that I was examined by the Director, Intelligence Bureau in the matter of administrative orders passed by the former ChiefJustice relating to idol theft cases. There are now allegations of bribery and

corruption in pugging the ndtninigtrative orders by the former Chicf Justice regarding the hearing ol’ the idol theft cages. I am submitting hetewith u copy oto the petition with annexurcs submitted by the writ petitioner in W.P.No.20392/2018 to thc Dirccior, Central Bureau of Investigation dated 02/07/2022. It is intriguing that the CBI is yet to respond to the communication sent to it by the Hon’ble Supreme Court of India on 26/09/2019.
  • I submit that I have highlighted the above facts only to show that a powerful lobby is againr;t meaningful investigation of the idol theft cases.
  1. I submit that respondents 2 and 3 took control of the investigation and sabotaged the investigation to help the real accused involved in high profile cases to escape punishment.
  2. I submit that respondents 2 and 3 saw to it that Thirukaravasal Maragadhalingam case and Tiruchendur Temple case are kept out of the idol wing in gross disobedience of the orders passed by this Hon’ble Court.
  3. I submit that Kader Batcha who is the prime accused in Cr.No. 1 of 201.7 had tiled petitions to quash the FIRS filed against him. He also

5

tiled Ct 1.0,P.No, 18583 Of 2019 seeking to i-cgistcr a complaint against

I have fitcd in thc typed get Of the documents by him in support of the Criminal Original Pctition. The representation submitted by Kadcr Batcha and the contcnts of Ctl.O.P.No.18583/2019 contatn imputations against the Judges of this Hon’ble Court as well as the Trail Court. Jn the normal course Kader Batcha should have been pi ogecuted for criminal contempt and for interfering with the course ofjustice. An order dated 22/07/2022 passed by a Leamed Judge of this Hon’ble

Court in Crl.O.P.No.18583/2019 is filed by me in the typed set. Similarly, another order dated 22/07/2022 passed by the same Leamed Judge in the matter of quashing of FIRS in the Mylapore Temple Case is also filed by me in the typed set.

  1. I submit that there was an interim order in the Mylapore Temple case not to file the final report and the final order passed by the Learned Judge states that if the final report is not filed within 4 months from the date of the order the FIR will stand automatically quashed.

I submit that when the Hon’ble Division Bench is monitoring the cases, and when the orders passed in the Criminal Original Petitions and the Writ Petitions have not become final, it is legally impermissible for any other Court other than the Cotill monitoring the investigation and trial of tho cases.
  1. I submit that one Sekaran had filed W.P.No.5124 of 2019 against me. I came to know of the order only when my counsel came to know of the same from the official website of this Hon’ble Court. The said Sekaran again filed W.P.No.32091 of 2019 against me. I have filed in the typed set the documents relied upon by him in support of his writ petition, the affidavit, writ petition and relevant documents. The filing of the writ petition amounts to criminal contempt. He is seeking an enquiry in respect of the common crder passed by this Honble Court in

W.P.Nos.20392/2D18 and 20963/2018. An order dated 19/08/2021 was passed in the writ petition. I filed a review petition against the said order. The writ petition was posted for reporting cornpliance on 16/03/2022. My review petition ‘r,vas also listed. The Hon’ble Division Bench was pleased to recall the order dated 19/08/2021 and posted the writ petition for hearing. However, on 08/04/2022 the writ petition was dismissed for non-prosecution,

  1. I subrnit that what is shocking is a counter affidavit filed by respondents 2 and 3 in W.P.No..32091/2019. Respondents 2 and 3 made

ef relic; to file the cct=ter was fie Chief Investigztiag

exe-2                      & caso.7        My

cO 19 also filed in

set-

I Q:zit reseadets 2 ed 3 s.hou:d punished fet filing a

PA-Szdz:-am to support •Xe acct2sed

I sz>zit that I Eave zzrzted ay•ove facts only to subs%nEate fcæ:n is miesed to overcome the orders oessed by this

Coz-t Cri.O-P.Nct. S69020i7 Cri.O.PXo.12060Z017 and W.?Xcs-20392201S          20963201s- ObGousty, a powerful lobby is interfering with •,he  of the cases as well as administntion ofjustice. It is a matter of serious concern.

  1. I submit that all my attempts to thoroughly Investigate the cases failed and respondents 2 and 3 succeeded in sabotaging the cases from within obviously Et the behest of former Ministers, Bureaueras and

Industrialists. Orders are passed by various Courts creating confasion

8

and this affects the integrity of investigation as well as the administration ofjustice.

  1. I submit that it is no: permissü)le for any Court other than the Court monitoring the cases to pass any order in the matter of investigation and trial. Thi* affects the purity of administration of justice.
  2. I therefore pray that this Hon’ble Court may be pleased to pass an order directing the Regist-y to post all the cases connected with idol theft before the Hon’ble Division Beach monitoring the cases and pass such odler or further orders as this Hon’ble Court may deem lit and proper in the circumstances of the case and render justice.

 

Solemnly affirmed at Chennai on this the 25 th day of July 2022 Before me

signed his name in my presence.              Advocate Chennai

2

  4. Mr.Abhay Kumar Singh IPS

Additional Director General of Police

Idol Wing,

Guindy,

Chennai,

PETITION FOR

For the reasons stated in the petitioner prays that this Hon’ ble Court may directing the Registry 10 post ail the cases before the Hon’blc Division Bench monitoring other or further orders as this Hon’ble in the circumstances of the case and render

Dated at Chennai on this 25

Respondents/Respondents

DLRECTION

accompanying affidavit the

be pleased to pass an order connected with idol theft the cases and pass such Court may deem fit and proper justice.

day of July 2022

Counsel for Petition*

You may also like...