THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.28016 of 2017, 6069 of 2019, 22792 & 22793 of 2019 & Crl.M.P.Nos.15938 & 15939 of 2017, 3385, 11887, 11889 of 2019 Crl.O.P.No.28016 of 2017 The re-investigation of the case shall be completed within a period of 90 days, from the date of receipt of the order, and final report shall be filed before the Judicial Magistrate-I, Kanchipuram, who ordered the investigation. For Petitioner : Mr.P.L.Narayanan For R1 : Mr.R.Muniapparaj, Additional Public Prosecutor Assisted by Mr.N.S.Suganthan Government Advocate (Crl.Side) For R2 Crl.O.P.No.6069 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 13.07.2022 Pronounced on : 22.07.2022
Coram::
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.Nos.28016 of 2017, 6069 of 2019, 22792 & 22793 of 2019 & Crl.M.P.Nos.15938 & 15939 of 2017, 3385, 11887, 11889 of 2019
Crl.O.P.No.28016 of 2017
M.Muthiah Sthapathy [Age 76],
S/o.Muthu Sthapathy,
New No.26, Old No.20,
Venkatratnam Nagar Extension,
2nd Street, Adyar, Chennai – 600 020. … Petitioner/1st Accused
/versus/
1. State Rep. by Inspector of Police, Sivakanchi Police Station, Kancheepuram District.
(Crime No.727 of 2017) …1st Respondent
2. Annamalai, M/63 years,
No.26A/3, Rayankuttai Mettu Street,
Kancheepuram. ….2nd Respondent
3. The Inspector of Police,
Idol Wing, CBCID,
Trichy. …3rd Respondent
R3 impleaded as per order in Crl.O.P.No.28016 of 2017, dated 14.07.2021.
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records & quash the First Information Report filed by the respondent in Crime No.727 of 2017 on the file of the respondent and pass order.
For Petitioner : Mr.P.L.Narayanan
For R1 : Mr.R.Muniapparaj, Additional Public Prosecutor
Assisted by Mr.N.S.Suganthan Government Advocate (Crl.Side)
For R2
Crl.O.P.No.6069 of 2019
Kavitha, F-53 years,
W/o.Shri.P.Saravanan,
No.12, Kapali Nagar,
Mylapore, : No appearance
Chennai – 600 004.
1. State rep by,
The Inspector of Police,
Sivakanchi Police Station, Kancheepuram District. /versus/ … Petitioner/unnamed Accused
(Crime No.727 of 2017 dated 10.12.2017)
2. Shri.Annamalai,
S/o.Shri. Subramabi,
No.26A/3, Rayankuttai Mettu Street, … 1st respondent/Complainant
Kancheepuram. … 2nd Respondent/
defacto complainant
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.727 of 2017 dated 10th December 2017 on the file of Inspector of Police, Sivakanchi Police Station, Kancheepuram, quash the same as against the petitioner.
For Petitioner : Mr.A.Ramesh, Senior Counsel, for
Mr.B.A.Sujay Prasanna.
For R1 : Mr.R.Muniapparaj, Additional Public Prosecutor
Assisted by Mr.N.S.Suganthan
Government Advocate (Crl.Side)
For R2
Crl.O.P.No.22792 of 2019
1. N.Shankar, M/54, : No appearance
S/o.D.Nagasamy.
2. S.Bharath Kumar, M/25, … Petitioner/A6
S/o.N.Shankar.
3. S.Vinoth Kumar, M/28, … Petitioner/A7
S/o.N.Shankar. … Petitioner/A8
All residing at:
No.115, Ekambaranathar Sannathi Street, Kancheepuram.
Pin – 631 502.
/versus/
1. State Represented by:
The Chief Investigator/Inspector of Police of the High Court.
Appointed Investigation Team in
Sivakanchi Police Station, Cr.No.727 of 2017 Kancheepuram District.
2. Annamalai, M/65 years,
S/o.Subramani,
No.26A/3, Rayankuttai Mettu Street, Kancheepuram.
R2 is impleaded as per order in Crl.M.P.No.13016/2019 & 13017/2019 in Crl.O.P.No.22792/2019 and 22793/2019 dated 04.10.2019.
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings pending on the file of the respondent police in Crime No.727 of 2017 and quash the same.
For Petitioner : Mr.M.S.Krishnan, Senior Counsel, for Mr.N.Senthil Kumar.
For R1 : Mr.R.Muniapparaj, Additional Public Prosecutor Assisted by Mr.N.S.Suganthan
Government Advocate (Crl.Side)
For R2 : No appearance
Crl.O.P.No.22793 of 2019
1. J.Sendhilnathan, M/41,
S/o.R.Jayakumar. … Petitioner/A4
2. J.Krishnamoorthy, M/36, S/o.R.Jayakumar.
Both residing at:
No.121/45, Ekambaranathar Sannathi Street, Kancheepuram.
Pin – 631 502. … Petitioner/A5
/versus/
1. State Represented by:
The Chief Investigator/Inspector of Police of the High Court.
Appointed Investigation Team in
Sivakanchi Police Station,
CR.No.727 of 2017
Kancheepuram District. …1st Respondent
2. Annamalai, M/65 years,
S/o.Subramani,
No.26A/3, Rayankuttai Mettu Street,
Kancheepuram. …2nd Respondent
R2 is impleaded as per order in Crl.M.P.No.13016/2019 & 13017/2019 in Crl.O.P.No.22792/2019 and 22793/2019 dated 04.10.2019.
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings pending on the file of the respondent police in Crime No.727 of 2017 and quash the same.
For Petitioner : Mr.M.S.Krishnan, Senior Counsel, for Mr.N.Senthil Kumar.
For R1 : Mr.R.Muniapparaj, Additional Public Prosecutor Assisted by Mr.N.S.Suganthan
Government Advocate (Crl.Side)
For R2 : No appearance
C O M M O N O R D E R
These batch of petitions filed to quash the F.I.R in Crime No.727 of 2017 dated 10.12.2017 on the file of Sivakanchi Police Station. On the petition made by one Annamalai to register his complaint and investigate, the F.I.R came to be registered by the Sivakanchi Police Station pursuant to the order dated 28.11.2017 passed by the Judicial Magistrate-I, Kanchipuram, under Section 156(3) of Cr.P.C. The Sivakanchi Police, after registering the complaint, transferred the investigation to the Special Team appointed by the High Court to investigate the Idol Theft cases.
2. The sum and substance of the petition by Mr.Annamalai, which was
taken up for investigation and under investigation till date, in brief:-
The Commissioner of HR&CE, vide proceedings No.54811 of 2015
dated 21.12.2015 issued order for making a new Panchaloka (Aimpon) Idol of
‘Somaskandar’ and ‘Sivagami’ with 5% gold, 1% silver, 12% brass, 80% copper and 2% lead weighing around 65 Kg. Totally, for making these two idols 5.750 kgs of gold, 1.800 kgs of silver, 13.800 kgs of brass, 91.350 kgs of copper and 33 kg of lead were ordered. The said order has been misused by Murugesan, the Executive Officer of the Ekambareswarar Temple, Kanchipuram and the Sthanikars of the temple Rajappan, Senthil, Krishnamoorthy, Sankaran, Bharath Kumar and Vinoth Kumar. Both Mr.Muthiah, the Chief Sthapathy and Masilamani Sthapathy on 31.12.2015 came to the Ekambareswarar Temple at Kanchipuram and without any receipts had collected crores of rupees and more than 100 kgs of gold from public, thereby committed fraud and breach of trust. The Somaskandar idol was casted without any gold by Masilamani Sthapathy. Further, the idols casted, not yet been verified and brought on record as per Section 29(1)(d) of HR&CE Act.
3. On 07.04.2016, one Kaviarasu, S/o Jayaraman of Kanchipuram,
sought reply for certain queries under Right to Information Act, 2005 from the Executive Officer, Murugesan. In response, Murugesan gave his reply dated
10.05.2016 stating that, Temple has not spent gold for making idols. The donors, who are interested to donate gold were asked to donate it directly at the place of casting the idols. The Executive Officer Murugesan has also informed that the temple has not collected any donation for making the idols.
4. On 26.04.2017, another activist by name Dinesh sought for certain
information about making of the idols and reply was sought for those queries. On 10.05.2016, the Executive Officer, Murugesan had informed that the new idols was sculpted by Masilamani Sthapathy and no officials from HR&CE department went to the sight of casting the idols. Money and gold were collected from donors under the pretext of including it while making the idols of Somaskandar and Sivakami by Stanikars, Sthapathy’s and others in connivance of HR & CE officials, hence action sought against the known named persons and other unknown persons.
5. The petitions seeks to quash of the said FIR are filed by persons
both named as well as un-named. The ground of malice is common in all these cases. Specific incidences are narrated by individual petitions which are exclusively applicable to their case.
6. The petitions to quash the F.I.R filed by the following accused
persons:-
1). By Mr.Muthiah Sthapathy [A1] in Crl.O.P.No.28016 of 2017.
2). By Mr.Sendhilnathan [A4] & Mr.J.Krishnamoorthy [A5] in
Crl.O.P.No.22793 of 2019.
3). By Mr.N.Shankar [A6], S.Bharath Kumar [A7] and Mr.S.Vinoth
Kumar [A8] in Crl.O.P.No.22792 of 2019 and;
4). By Mrs.Kavitha, in Crl.O.P.No.6069/2019, the Additional Commissioner of HR&CE Department, a public servant unnamed in FIR but
arrested and later, let on bail.
7. In their petitions to quash the F.I.R., each of the accused have
canvassed different points but all tried to impress upon this court that this is a case not only a classic example how the process of law can be abused, also how the trust reposed on the investigation officer can be misused by him with wholesome hatred on the entire department of the Government for reasons best known.
8. The substances of challenge to the F.I.R is extracted below:-
(i). The said complainant of Annamalai, alleging, huge money and gold
collected for making the idols of ‘Somaskandar’ and ‘Sivakami’ by the Executive Officer and the Stanikars was registered without prior sanction, despite the fact that the first accused is a public servant and the complaint is in connection with discharge of his official duties. Some of the named accused in the complaint as well as un-named high ranked Officials of HR&CE Department were arrested again without any prior intimation or sanction to investigate. Though the prior sanction or prior intimation to investigate or arrest a public servant is not an absolute right or mandatory in all cases, to show the haste and malice in this case, it is emphasised this is not a case of exceptional nature to dispense prior sanction.
(ii). The private complaint against public servant and others without
application of mind ordered to be investigated by the Magistrate, unmind of the fact that the allegation of cheating not emanated from the person aggrieved. The defacto complainant who is a busybody and axe to grid without any locus has filed the complaint.
(iii). The information alleged to have obtained through Right to
Information Act was by one Kaviarasu S/o.Jayaraman and by one Dinesh of Kanchipuram. They have not filed any complaint based on the information furnished by the Executive Officer, who was shown as first accused in the complaint. Neither any individuals who alleged to have donated gold or cash for making the idols have given complaint.
(iv). The complaint is based on some information given by the
Executive Officer Murugesan. He was shown as first accused in the complaint. Later, he is treated as approver and other unnamed officers of HR&CE are shown as accused and were arrested and or included in the case as accused.
(v). The defacto complainant, was running an unauthorised photo shop
in the temple premises and causing nuisance. His shop was removed from the temple premises. His request to run the shop was refused by the Temple authorities. To settle score with the HR&CE department, earlier he filed writ petition to stall the installation of new Somaskandar idol and placing it for public worship. Then he gave a frivolous complaint to the police, which was not registered. His attempt to get register his complaint by the police failed, since the complaint had no prima facie material. However, by filing a petition before the Judicial Magistrate under Section 156(3) of Cr.P.C, and in furtherance of a cryptic order passed by Judicial Magistrate, the complaint has been registered.
(vi). On 10.12.2017, after 6 months of the registration of F.I.R, without
any sanction to prosecute the public servant, the petitioner [Ms.Kavitha] in Crl.O.P.No.6069 of 2019, a Public Servant in Government Of Tamil Nadu not named in the F.I.R was arrested. The arrested was not an innocuous arrest or necessitated in the facts and circumstances, but a deliberate act of vendetta since she obtained stay of all further proceedings in Crime No.341 of 2018 on the file of Judicial Magistrate-I, Kanchipuram, in Crl.O.P.No.18504 of 2018.
(vii). The complaint in Cr.No 341/2018 came to be registered at the
instant of one Mr.DilliBabu alleging in his petition under Section 156(3) of Cr.P.C that she and others have damaged and smuggled the properties of Ekambareswarar Temple at Kancheepuram. The frivolous complaint motivated and organised by disgruntled elements came to be registered by Sivakanchi Police Station in Crime No.341 of 2018 for offences under Section 120B, 379, 380(2), 409, 420, 437 & 468 of I.P.C. The said complaint was stayed by the High Court on the petition filed by the petitioner in Crl.O.P.No.6069/2019. Infuriated by the stay of all further proceedings in Cr.No. 341/2018 on the file of Sivakanchi Police Station, vide order dated 23.07.2018 in Crl.O.P.No.18504 of 2018 and in Crl.O.P.No.18650 of 2018 dated 24.07.2018, the third respondent arrested Ms. Kavitha, the petitioner in Crime No.727 of 2017 on 31.07.2018, though her name not found in the FIR. This is a case which is a blatant abuse of power and over reach of the Investigating Officer. The 3rd respondent has acted upon an absurd and incomplete information.
(viii). When the F.I.R does not contain any allegation against her, and
no prima facie case made out, neither in the complaint nor in the course of investigation just because she approached the Court and got stay of proceedings in the motivated complaint in Cr.No. 341/2018, the persons, who were at the helm of affairs in the Special Team investigating the Idol theft cases, arrested her though the allegation on the face of the complaint or in the course of the investigation is not connected with theft of idols. In gross violation of the Hon’ble Supreme Court guidelines and law, in a case without any allegation of idol theft or even remotely connected with idol theft, she was arrested and remanded.
9. The Learned Counsel appearing for the 1st accused/Muthiah (petitioner in Crl.O.P.No.28016 of 2017) added that, petitioner Muthiah Sthapathy is a renowned sculptor, awarded Padma Shri for his knowledge in Silpasastra. The Government of Tamil Nadu has appointed him as Chief Sthapathy of the HR&CE Department, to advice the Government in respect of maintaining Temple idols. The F.I.R alleging collection of money and gold by few individuals on the face of it does not sound believable. No even remotely his activity and role as a Chief Sthapathy in the Government of Tamil Nadu is connected with collection of donation from public. His opinion and advice given to the Government in connection with of
‘Somaskandar’ idol and ‘Elavarkuzhali Amman’ at Ekambaranathar Temple, Kancheepuram are based on his knowledge and experience. Some information alleged to have been obtained under Right to Information Act, 2005 regarding the composition of gold, other metals and allegation of collecting money and gold by some third parties in the temple are unconnected to him and he cannot be held responsible for any illegal collection by any individuals in the name of temple or idol. Just because he gave some advice in making of idol, he cannot be arrayed as accused in the private complaint alleging collection of gold and money by some named persons.
10. The allegation in the FIR, that, on 31.12.2015, the petitioner along
with other accused were collecting money and gold, is denied as baseless and no one entrusted with him gold or money. There is no iota of supporting documents collected from any of the donor who alleged to have given money or gold to him on 31/12/2015 as alleged in the complaint. It is contended by this petitioner (Muthiah Sthapathy) that vague and scandalous allegations has been the basis for the F.I.R and he has been arrayed as accused and arrested .
11. The Learned Counsel appearing for Muthiah Sthapathy contends
that any prudent Investigating Officer should and would have sought for evidence to corroborate the complainant version that Thiru.Muthiah, Chief Sthapathy, was present on 31.12.2015 in the temple premises and receiving money and jewels from devotees. Even without ascertaining the fundamental allegations made in the F.I.R, the complaint was registered and Muthiah Sthapathy was arrested to make
sensational news and to satisfy the sadistic pleasure of harassing the man of repute.
12. The Learned Counsels for the petitioners J.Sendhilnathan [A4],
J.Krishnamoorthy [A5] in Crl.O.P.No.22793 of 2019 and the petitioners N.Shankar
[A6], S.Bharath Kumar [A7] and S.Vinoth Kumar [A8] in Crl.O.P.No.22792 of
2019 state that they as Stanikars have right to conduct pooja in Ekambaranathar Temple, Kancheepuram on turns. According to these petitioners, they were no way connected in the process of decision making to install new ‘Somaskandar’ Idol and ‘Elavarkuzhali Amman’ Idol in the temple. The persons of high repute and high officials were arrested in this case and statements were obtained under threat. Those who yielded to the threat were either left free or treated as approver. Those who refused to yield to the threat were falsely implicated in the case as if money and gold was collected from devotees under the pretext of making the idols. Contending that they have not collected any gold or money on 31.12.2015 as found in the F.I.R or any other day prior or later and contended that the allegations against them are frivolous. The allegation of the defacto complainant, who have grudge against them in connection with his business, he was carrying on in the temple premises alleging that Mr.Masilamani Sthapathy, who made the idols was forced to give statement implicating these petitioners and others to foist the case and to give credential to the version of the complainant. The reading of his statement will clearly show that, he had been put under great threat and intimidation. Alleging that, there is a gross violation of procedure in registering the complaint and investigating the matter, they all pray to quash the F.I.R.
13. For the State, the Learned Additional Public Prosecutor appeared
and raised a preliminary objection. It is submitted that petitions to quash F.I.R in exercise of power under Section 482 Cr.P.C can be entertained only in rarest case where there is no material to investigate or the complaint is tainted with malice without any iota of substance to investigate any offence. Further, appreciation of documents collected in the course of investigation and the counter documents relied by the accused has to be sparingly looked, when the investigation yet to be completed.
14. Heard the Learned Counsels for the petitioners and Learned
Counsels for the respondents. The preliminary objection raised by the Learned Additional Public Prosecutor considered.
15. The inherent power of the High Court to quash the F.I.R., had been subject matter for judicial discussion since Privy Council period. Earliest judgment on this point is, the judgment of Privy Council in King-Emperor v. Khwaja Nazir Ahmad reported in AIR 1945 PC 18 and the latest among them to the knowledge of this Court is Neeharika Infrastructure Pvt. Ltd v. State of Maharashtra and others reported in 2021 SCC OnLine SC 315. This judgment is quoted in the subsequent judgment of the Hon’ble Supreme Court in Shafiya Khan @ ShakuntalaPrajapati v. State of Uttar Pradesh & another dated 10.02.2022 reported in 2022 Live law SC 153.
16. The Hon’ble Supreme Court in Rajeev Kourav v. Baisahab and
others reported in (2020) 3 SCC 317, has made the following observations :-
“8.It is no more res integra that exercise of power under Section 482 Cr.P.C to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C is to prevent the abuse of process of any court or otherwise to secure the ends of justice. It is settled law that the evidence produced by the accused in his defence cannot be looked into by the court, except in very exceptional circumstances, at the initial stage of the criminal proceedings. It is trite law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 CrPC for quashing criminal proceedings. It is clear from the law laid down by this Court that if a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding.”
17. Therefore, within the parameters laid by the Hon’ble Supreme Court, the contentions of parties considered referring documents which are just and necessary to arrive at appropriated decision.
18. In this case, the F.I.R is the outcome of the private complaint
alleging cheating and misappropriation, abuse of power by HR & CE officials in connivance with the Sculptors, Sthanikars and Chief Sthapathy of the HR&CE Department. The allegation is that they all collected money and gold from devotees for making Somaskandar, Sivakami and Ezhavaikuzali Amman idols but
misappropriated the same.
19. The information received through application under RTI is relied to
infer that collection of Gold from Gurukkal was permitted by the Commissioner of HR&CE, through a communication signed by the Additional Commissioner of HR&CE.
20. The statements of witnesses so far recorded, indicates based on this
permission, the Executive Officer of the Ekambaraeswarar Temple, pasted a computer typed notice on the temple notice board inviting donation for making Somaskandar idol in the form of Gold. After collecting several lakhs of rupees and more than 100 kgs of gold, the notice was removed. Five CCTV cameras fixed in the temple premises was damaged to avoid capturing collection of gold and money. Some of the donors in their statements have informed about the donation made by them to the respective accused persons and their promise to give receipts for the donations, collected but no receipt given so far.
21. The Sthapathy who made the idol of ‘Somaskandar’ and ‘Ezalvaikuzali Amman’ idol has stated that a team of Gurukkal came to the place of casting and put something in the cast. The IIT team which examined the idols both the new and the old had given report that not even 1% of gold present in these two idols.
22. It is pertinent to note that, Muthiah Sthapathy, in his opinion, has
stated that the old ‘Somaskandar’ idol appears to contain nearly 75% gold. Whereas, the IIT team has stated that, the old antique idols also does not contain even 1% gold in it. It is not a case that the old antique idol of ‘Somaskandar’ containing 75% gold was replaced by these petitioners, the specific case of the prosecution is that, for making the new idol, these petitioners collected gold and money but failed to account it and thereby misappropriated.
23. Obviously, the alleged crime is not regarding theft of any antique
idol but primarily about misappropriation of money and gold donated for making a new idol. None of the donor has given complaint but on a private complaint by a disgruntled petitioner, the investigation is taken up by the idol wing theft team in the year 2018, but even after 4 years they have not completed the investigation despite given encomiums by this Court and free hand to investigate.
24. In the said background, the submission of the Leaned Senior
Counsel for the petitioner in Crl.O.P.No.6069/2019, who draw the notice of this Court about the 21 directions issued by the Division Bench of this Court, vide its order dated 21/07/2017, requires consideration since, the Special Team investigating Idol theft was instructed to get necessary sanction forthwith from the appropriate authority before prosecuting any delinquent officials where prima facie case is made out. Whereas, in this case, no sanction was obtained but the petitioner a public servant was arrested and remanded with malice. The action of the Idol Wing expose total disregard to the Court which gave the Special Team all liberty without interference from the Government.
25. That apart the letter of the Commissioner of HR&CE, Department
dated 31/07/2018 gains relevancy. For the sake of completion, the letter is extracted:-
“Letter of the then Commissioner of HR&CE Department addressed to the Chief Secretary of the State, which reads as below:-
D.O. Letter No.2/2018 Commr. Dated 31.07.2018
Dear Sir,
This is to inform you of the increasing ways in which the Idol Wing of the Police is harassing officials of this Department threatening them with filing of FIRS in case they do not agree to carry out its wishes filing FIRS on the basis of complaints by Public without even a preliminary enquiry, refusing to file FIR on the basis of complaints by the Department/Temple authorities, undermining the authority of the temple/Department authorities including the Commissioner, humiliating and hurting the reputation of officials through public investigation of cases and their depiction in the social and conventional media and interfering in the legitimate functioning of this Department.
It may be recalled that the Hon’ble High Court of Madras had, in its order dated 21.07.2017, made a 20 point order which is enclosed. Inter alia, the order stated that ‘the Inspector General of Police, Mr. A,G. Ponn Manickavel, I.P.S., and all the officers of the cases connected with Idol Wing CID are directed to continue to investigate arid follow up all the cases under investigation, pending trial till the disposal by the learned Additional Chief Judicial Magistrate, Kumbakonam. Since then, the Idol Wing has been engaged in activities as stated in the previous para. Increasingly this has resulted in a negative image of the Department in public perception leading to further harassment in the name of public complaints by stock persons, I enumerate below illustrations of the activities, other than investigation, of the Idol Wing which can be termed as nothing but harassment and torture.
1. Threatening FIRS against officials:-
a. Mr.Gunasekaran, Executive Officer of the Pandanallur Pasupatheeswarar Temple in Kumbakonam has submitted a request for transfer to me and recorded his statement before me, wherein he has stated that the IGP himself has threatened him with an FIR and arrest by placing idols in his house and implicating him in idol theft, if he did not act in the manner expected by the Idol Wing in the matter. His complaint was not revealed since he was explicit that he only needed a transfer to get out of the clutches of the Idol Wing and not to make matters worse for himself and his family. While giving this complaint he had met me along with his family and had also broken down in tears stating that he and his family would commit suicide if matters continued in the same manner.
b. The Assistant Commissioner, Villupuram
Division has written to me on 18.06.2018 stating that the Idol Wing Police had conducted preliminary enquiry on a newspaper report regarding a theft idols in the Kailakurichi Veera Cholapuram Arulmighu
Arthanareeswarar Temple. While preliminary enquiry was done on 28.5.2018, 5.6,2018, 12.6.2018, 14.6.2018 and 15.6.2018 the manner in which it was done shows utter disregard to this Department as well as the office of the Assistant Commissioner who happens to be a lady. While on an inspection on 12.6.2018.at 9.20 am she was informed to return to office and present herself before the police despite her having stated already that the records were being searched and she would give the documents as and when she found them. When she was asked why no action was taken with regard to the Idol theft, she stated that if it had been brought to notice, action would have been taken immediately. To this the Idol Wing has stated that if someone placed ganja in her room would she be not responsible for the same? Further she was also told that since she was an Assistant Commissioner, she was allowed to sit during the enquiry and if she were an Inspector, she would have been made to stand for at least three hours. This is clearly insulting officers in the name of enquiry and investigation and treating them as though they were criminals.
c. Thiru. Gajendran, then Joint Commissioner.
Mayiladuthurai region was named as accused No. 1 in the
FIR filed in the Pandanallur Arulmighu Pasupatheeswarar Temple. While it is the prerogative of the police to name anyone as accused, this Department is of the opinion that a fair investigation must be made. Thiru.Gajendran, as has been orally reported to me, was called to the temple for an enquiry on the night before his arrest but arrested only in the early hours of the next morning. No summons were issued to be present for enquiry and thus police custody without summons was enforced before arrest.
d. No formal information has been given to me regarding the arrest of any of the officials of this Department.
e. Till March/2018, no summons or written orders were issued to any of the Department officials for either presence or production of documents. Since March. however summons have been issued and Written Orders under Section 91 of the Cr.P.C, However, the time granted to officers is extremely limited, and ranges between 1 day to 4 days, the latter invariably including a weekend Written Orders were issued to this office on a Thursday by the DySP, and request was sent to grant 3 days more. since the documents were voluminous and the Department had two meetings scheduled with the Chief Secretary and needed time for their preparation. However, no reply was given to this request, showing the utter disregard and basic courtesies due to a Head of Department.
f. Search Warrant for documents not available in
this office were obtained by the Idol Wing.
g. Officers have orally represented to me that they have been threatened with registration of FIRS against them. For instance, Tanjavur Palace the Assistant Devasthanams was Commissioner. coerced into accepting the Chola-era idols, despite he himself having sent a report stating that they did not belong to the temple. Likewise, the Joint Commissioner, Palani Arulmighu Dhandayuthapani Swamy Temple, has stated how he was not allowed to attend to an important festival and being told that his presence was not essential to carry out the activities connected with the festival. This is clear humiliation and complete disregard and non understanding of the functioning of the Department and the temples.
h. In the Kanchipuram, Arulmigu Ekambaranathar Temple Somaskandar icon issue, an Additional
Commissioner, Mrs. Kavitha, of this Department has been arrested today, She had written to me about her apprehensions that her name was being dragged about in the press and the investigation and had pointed out that the Idol Wing on its own had been mentioning her name, without calling for the relevant files from this office. Further, she had also expressed apprehensions about an officer of this Department, Mrs. Haripriya, Joint Commissioner, as being an informant about her private affairs to the Idol Wing and for misrepresenting them to instill suspicion in their minds.
There is dearly very little evidence to implicate her, as far as my knowledge goes. Previously, the Executive Officer of the temple, Mr. Murugesan, an accused in the case, had orally represented to me that the Idol Wing had been coercing him to implicate Mrs. Kavita and Mr. Muthiah Stapathy. He had stated that he had been asked to sign on a blank paper. He also stated that he was made to stand for the whole day, including the time when he was not being questioned and abused with the choicest words. He stated that he had not heard such abuses from anyone in his more than 50 years (54 or 56 years as I recall) and broke down completely, stating that he was unable to bear the strain and stress any longer, I consoled him and asked to give this in writing; he refused fearing reprisal from the IGP, Idol Wing. Mrs. Thirumagal, Additional Commissioner (General) was present with me during this conversation.
This was more than 3 months ago.
Mr.Muthiah Sthapathy, Chief Sthapathy of this Department and a Padma Shri Awardee, is also an accused in the matter. He was able to obtain anticipatory bail in this matter. However, the Court had ordered him to be available in Trichy for some time for questioning by the Police. When he returned to the office, he narrated that he had also been asked to implicate Mrs.Kavitha in the matter, which he refused to do. He also told me that the Idol Wing threatened to bring his son to where he was (for what purposes was not told to me). To this, the sthapathy replied that he would drink something (poisonous) and go to sleep (sic), implying that he would end his life. This seemed to have deterred the Idol Wing.
A few days later, Mrs.Kavitha told me that she had been told that the Executive Officer had given a statement before the Magistrate implicating her. She was not able to give me the details then.
i. There are other attempts to implicate Mrs.Kavitha. The Srirangam matters, FIR in the Kanchipuram. Arulmigu Ekambaranathar Temple on the Erattai Tirumaligai renovation issues (which has been stayed by the High Court of Madras) and the Tirutani gold Vimanam issue (which is under investigation through a Government Order by the DVAC).
j. The Idol Wing seems to pick and choose which cases to register and which not to. When this Department requested registration of an FIR since the local police was not doing so, the IGP replied that the Idol Wing cannot register the FIR. However, on private complaints and media reports, inquiries and investigations are conducted into even matters that do not fail within the purview of the Idol Wing.
While I can keep narrating many more instances of such nature, the fact of the matter is that today, the HR&CE Department is facing a crisis. There is extreme fear of the Idol Wing, not because of any wrong doing but because of the damage to reputation and arbitrariness in filing FIRS and implicating persons. Threats by the public have increased if officials take action against the Archagas or encroachers on temple lands that complaints would be given to the IGP against the official concerned. Officials are afraid to also report thefts, since it is immaterial whether they held charge at the time of theft or not. Mere reporting itself may lead to threats of FIRS, arrests etc. Hence, the Department is unable to function to an optimum level.
I therefore request that necessary action may be taken to ensure a fair and confidential investigation and bring the culprits to book, without damaging the reputation of honest officials and the Department. I therefore request early charge sheets and prosecution to enable disposal of the cases, early apprehension of criminals and restoration of the idols/icons to the respective temples.
Yours sincerely.
Sd/- (R.Jaya)
To,
Thiru. T.K.Rajendran, I.P.S., Director General of Police,
Dr.RadhakrishnanSalai, Mylapore, Chennai -4.”
26. Thus, the private complaint for misappropriation, ordered to be
registered and investigated by the Judicial Magistrate in exercise of power under Section 156 (3) of Cr.P.C, soon after registering F.I.R been given to the Special Team investigating idol theft cases. The Special Team for the past 4 years so far has recorded statements and collected opinion of the experts however nothing found in the investigation for any idol theft. No material so far collected whether or why the idols supplied by the approver Thiru.Masilamani Sthapathy not verified. When the idol was accepted by the Department. Particularly, when order was placed to cast ‘Somaskandar’ idol with 85 kgs weight and money what paid only for 85 kgs idol supplied by him is about 144.320 kgs idol. No explanation obtained from the accused turned approver Thiru.Masilamani Sthapathy about discrepancy in weight. Similarly, after recording the statements of the donors, no further investigation taken up by the Special Team to verify the veracity of their claim. All these lapse on the part of the Special Team investigating the case only adds suspicion about their intention to grab the investigation from the local police and arrest the petitioners but not to proceed further and complete the investigation to prosecute the real purporters of the crime.
27. In the said circumstances, though Courts earlier reposed faith in the Special Team, at the nascent stage of the investigation and allowed it to investigate giving directions to the Government and entrusted cases though does not fall under the scope of idol theft, after 4 years of the pending investigation, to say the least, the Special Team has miserably let down the Court which had high opinion about its impartial investigating skill.
28. From the facts of the case in Crime No.727/2017, so far
investigated by the Special Team, without any iota of doubt one could clearly see that a case under investigation has nothing to do with antique idol. No theft of idol or recovery of idol is alleged and only a complaint of misappropriation and breach of trust sought to be investigated by the Sivakanchi Police by the order of the Judicial Magistrate-I, Kanchipuram, however has been taken up for investigation by the idol wing and due to the distorted and deviated the course of investigation, even after lapse of 4 years the idol wing not complete the investigation. The Learned Additional Public Prosecutor for the respondents in the course of the arguments submits that, they have now summoned some of the witnesses to record their statements. This is apparently after the petitions for quash were taken up for final hearing.
29. For the reasons stated above, this Criminal Original Petitions are disposed of with the following directions:-
a). The investigation of the case in Crime No.727 of 2018 is re-
transferred to Sivakanchi Police to which the Judicial Magistrate-I, Kanchipuram, vide its order dated 28/11/2017 directed to investigate.
b) The Station House Officer of Sivakanchi Police Station shall re-
investigate the case following the procedure and guidelines of the Hon’ble Supreme Court and also the direction (x) of the Division Bench of this Court issued in
Crl.O.P.Nos.8690 and 12060 of 2017, dated 21/07/2017which reads as below:-
“(x). If the role of the delinquent officials and others, are prima facie made out, necessary sanction must be obtained forthwith from the appropriate authority and they must be prosecuted”.
c). The re-investigation of the case shall be completed within a period
of 90 days, from the date of receipt of the order, and final report shall be filed before the Judicial Magistrate-I, Kanchipuram, who ordered the investigation.
30. The Special Team investigating the cases so far is directed to hand
over to the Station House Officer Sivakanchi Police Station all the materials collected so far to enable the Station House Office to carry out the directions issued above.
31. In fine, these Criminal Original Petitions are disposed of, with
the above directions. Consequently, connected Miscellaneous Petitions are closed.
22.07.2022
Index :Yes.
Internet :Yes.
Speaking order/Non-speaking order bsm
Dr.G.JAYACHANDRAN,J.
bsm
Copy to:-
1. The Inspector of Police, Sivakanchi Police Station, Kancheepuram District.
2. The Chief Investigating Officer/Inspector of Police, Special Investigation Team, Special Camp Office, Trichy.
3. The Inspector of Police, Idol Wing, CBCID, Trichy.
4. The Public Prosecutor, High Court, Madras.
Delivery common order made in
Crl.O.P.Nos.28016 of 2017, 6069 of 2019, 22792 & 22793 of 2019 & Crl.M.P.Nos.15938 & 15939 of 2017, 3385, 11887, 11889 of 2019
22.07.2022
