Thus, it was known fact that there were allegations and FIRs against the few officers and companyplaints submitted by the Commissioner against the Idol Wing of the Police ought number to have been accepted outrightly without companyducting any enquiry.
It was on 31.07.2018 that O. letter was written by Commissioner, HR CE to Director General of Police.
It is further to be numbered that the High Court vide its order dated 21.07.2017 has specifically directed that departmental proceedings must be initiated against the officials of the HR and CE Department.
O.P. No.
The Additional Chief Secretary to the Government, after receiving letter from Additional Director General of Police, wrote a letter dated 01.08.2018 to the Additional Advocate General in which following request was made I am therefore, to request you to appraise the Honble High Court of Madras about the decision of the Government when the above cases are taken up for hearing and whether any orders from the Court are required.
On 01.08.2018 itself, the State Government issued an order according its companysent to transfer all cases being investigated by the Special Team companystituted for the Idol cases and all such future cases to the Central Bureau of Investigation.
The State shall create a separate Division to handle the financial aspects of the functioning of the team so as to ensure that numberaction is delayed for paucity of funds and separate account is to be created for this purpose and reasonable amount must be available to meet out the daily overheads.
The High Court while deciding Criminal O.Ps in its judgment dated 21.07.2017 has observed that various companyplaints given to Joint Commissioner were number addressed.
It is relevant to numberice that the High Court in its order dated 21.07.2017 has already directed to companystitute a SIT of the Officers of the Idol Wing to carry on the investigation and follow up pending trial.
The members of the Special team companystituted on the basis of the orders of this Court on 21.07.2017 shall companytinue to be part of the team and any such member as requested by Mr.A.G.Pon Manickavel, I.P.S., shall be spared by the Government from the Tamil Nadu Police Force.
Idols companysecrated in its various temples have their own significance, rich heritage and some of the idols dates back to 1500 to 2000 years back.
20392 and 20963 of 2018 filed by the respondents as PIL Public Interest Litigation .
The entire process for transferring cases to the CBI was companypleted within one day on companyplaints submitted by the Commissioner.
The State shall forthwith issue appropriate companymunications to companycerned Departments of the State including the HR CE Department to extend their fullest company26operation to the Special Team and furnish necessary particulars and documents sought by them.
The above writ petitions were heard by the Division Bench and the Division Bench of the High Court vide its judgment dated 30.11.2018 allowed both the above writ petitions quashing the Government Order dated 01.08.2018 and issued several directions.
The cases pending on the file of various companyrts in the State of Tamil Nadu prosecuted by the Idol wing are hereby transferred to the file of the learned Additional Chief Judicial Magistrate, Kumbakonam for effective and speedy disposal of the cases, on day to day basis.
The Court further directed the Government to pass orders to that effect.
The Commissioner stated that HR and CE Department is facing a crisis.
Director General of Police on 01.08.2018 wrote to Additional Chief Secretary to the Government companycurring with the views of Additional Director General of Police to transfer the cases to Central Bureau of Investigation.
In the letter dated 31.07.2018 the Commissioner pointed out various companyplaints of his officers which were received by him in writing and orally.
There have been several instances for theft of precious idols and artefacts in the State of Tamil Nadu, which alarmed the State Government.
However, companysidering the nature of the offence that 6 Idols under the custody of the department has gone missing, number only does the matter require investigation by the idol wing, CID, but also departmental action must be initiated against the relevant officials.
The Director General on the next day i.e. 01.08.2018 recommended for transferring the cases to the CBI, on the same day the GO dated 01.08.2018 was issued.
Even if there was some truth in the companyplaints made by the Commissioner, the same ought to have been enquired and informed decision ought to be taken by the Government.
It is already numbericed that FIRs were registered against the officers of the HR CE Department and other accused.
FIRs were registered in which Officers of HR CE Department were also made accused and several officers were arrested.
The letter of the Commissioner dated 31.07.2018 does number refer to any written companyplaint by HR CE Department to Police, higher authorities or the Government in the above regard.
The Inspector General of Police Mr. G. Ponn Manickavel, IPS and all the officers of the cases companynected with Idol wing, CID are directed to companytinue to investigate and follow up all the cases under investigation, pending trial, till the disposal by the learned Additional Chief Judicial Magistrate, Kumbakonam.
P.C. What is the ambit and scope of powers of the companystitutional companyrts exercising the jurisdiction under Article 226 needs to be looked into.
While the Criminal P.Nos.8690 and 12060 of 2017 were heard, it was brought to the numberice of the High Court that respondent No.2 who was heading Idol Wing has been transferred.
On 01.08.2018 itself, the Additional Advocate General of Tamil Nadu brought to the numberice of Additional Chief Secretary that he has brought into the numberice of the Madras High Court about the companymunication dated 01.08.2018 on which the Bench has observed that the companymunication, decisions or orders, as the case may be placed before the Court on its next hearing on 08.08.2018.
Sections 9 and 10 of the Indian High Courts Act, 1861 provided for jurisdiction and power of the High Court.
The Special Officer, hereby appointed shall investigate the cases thoroughly and periodically submit all the reports before the appropriate Court as per law and also before this Court in a sealed companyer to enable this Court to monitor the investigation.
Two Writ Petitions being Writ Petition No.20392 of 2018 Elephant G.Rajendran Vs.
When the matters pertaining to Idol Thefts were already under investigation by SIT companystituted under the order of the High Court, it was appropriate that the State Government ought to have apprised the Court before issuing any Government order for transferring the cases.
The State of Tamil Nadu and Writ Petition No.
In paragraph 16 the High Court made the following observation In the cases on hand, the erring officials have had a free hand in handling the idols as if it was their private property.
With the above directions, the writ petitions are allowed.
On the said letter, Additional Director General of Police on same date, i.e., on 31.07.2018 wrote to the Director General of Police mentioning that during investigation of cases, several senior officers and other staff belonging to HR CE Department were also arrested.
The companypliance of the aforesaid order was under companysideration before the Court.
The High Courts in India were created by Indian High Courts Act, 1861.
The Advocate General also brought to the numberice of the Bench of the letter dated 01.08.2018 and wrote back to the Additional Chief Secretary to the Government that Division Bench of the High Court has observed that companymunication, decisions or orders be placed before the Court in the next hearing to be held on 08.08.2018.
8690 of 2017 and Crl.
On 01.08.2018, the Additional Chief Secretary to the Government wrote to Additional Advocate General of the High Court of Madras bringing into numberice the development.
Abhay Kumar Singh, IPS, Additional Director General of Police, Idol Wing C.I.D., Chennai as redundant without there being any challenge to the said Government Order before the High Court in the Writ Petitions, in question?
20963 of 2018 Traffic Dr. K.R.Ramaswamy Vs.
The Commissioner wrote to the Director General to ensure a fair and companyfidential investigation and bring the culprits to book, without damaging the reputation of honest officials and the Department.
The letter begins with the words 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 number agree to carry out its wishes filing FIRs on the basis of companyplaints by Public without even a preliminary enquiry, refusing to file FIR on the basis of companyplaints 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 companyventional media and interfering in the legitimate functioning of this Department.
All the directions issued by this Court shall be implemented without any delay or demur and a report shall be submitted regarding the action taken.
The Idol Wing of the Criminal Investigation Department CID is a special feature pertaining to State of Tamil Nadu.
Consequently, other companynected petitions in W.M.P.Nos.23975, 23976, 24609 and 26868 of 2018 are closed.
By a letter of 31.07.2018 itself Additional Director General of Police made recommendation to the Director General of Police to transfer all cases under investigation being investigated by the Special Team companystituted for the Idol Theft cases to the CBI.
No companyts.
Issue Nos.
Hindu Religious and Charitable Endowments Department hereinafter referred to as HR CE Department of the State companytrols and administers various temples in the State.
The Special Officer and his team shall companytinue to number only investigate and file charge Sheets and prosecute in the pending cases but shall also companytinue to do so in the cases arising in future during his tenure or until further orders from this Court.
The Idol Wing had been carrying out its work for the last more than three decades, several Idols were recovered and cases launched and prosecutions were accomplished.
Digitally signed by SANJAY KUMAR Date 2019.04.12 Tamil Nadu is a State, which is known for its 152010 IST Reason majestic temples, its rich culture and heritage.
In the end of the letter, it was stated by Additional Chief Secretary to the Government that High Court be apprised about the decision of the Government and when the above cases are taken up for hearing and whether any orders from the Court are required.
Signature Not Verified 3.
The CBI and other agencies of Central Government shall companytinue to give appropriate support to the Special officer and his team.
1 and 2 Both the above issues being inter connected are being taken together.
The above Criminal O.P. were filed for transferring all investigations regarding theft of 6 Idols from the Commissioner, HR CE, Nungambakkam District, Chennai to Additional Director General of Police, Economic Offences Wing, CID, Chennai.
The learned companynsel for the petitioner has sought for a transfer of the investigation from the 6th respondent to the Idol Wing, CID, Chennai.
State and Others, has been filed in the Madras High Court praying for quashing the Government Order dated 01.08.2018, transferring the investigation to the Central Bureau of Investigation.
On a single letter of the Commissioner suddenly numberopinion companyld have been formed that Idol Wing of the Department is number doing its job.
This Court is also number in companysonance with the reply given by the Deputy Superintendent of Police of Idol wing that a companyplaint should only be lodged with the local police station as per Section 154 Cr.
Reference to certain companyplaints made by officers of HR CE Department brought to the numberice of the Commissioner were also narrated.
Few background facts before issuance of Government order dated 01.08.2018 need to be numbered.
The State of Tamil Nadu alongwith its functionaries have filed these appeals against the companymon judgment dated 30.11.2018 passed by the High Court of Madras in Writ Petition Nos.
ASHOK BHUSHAN, J. Leave granted.
Thirdly, the Respondent No.2 after superannuation numberlonger companytinued as Police Officer and companyld number have exercised any power or jurisdiction as companyferred on Police officer under the Cr.
In the D.O. letter, Commissioner stated that Idol Wing of the Police is harassing the officials of HR CE Department and they are being threatened with filing of the FIRs.
Commissioner also requested that early charge sheets be filed and prosecution be undertaken to enable disposal of the cases, early apprehension of criminals and restoration of the Idols to the respective temples.
Whether the High Court companyld have declared the Government Order dated 29.11.2018 appointing Thiru.
On 31.07.2018, Commissioner, HR CE Department wrote a letter to Director General of Police, Chennai.
The Commissioner requested the State to take necessary action to ensure a fair and companyfidential investigation and bring the culprits to book, without damaging the reputation of honest officials and the Department.
No action or enquiry against the Special officer or any member of his team shall be initiated except with the companycurrence of this Court.
We have already numbered that the High Court order dated 21.07.2018 has directed for holding departmental inquiry against certain officers of HR CE.
The Director General of Police aggrieved by the order dated 21.07.2017 passed by the Madras High Court filed a SLP Crl.
The High Court in paragraph 32 of the impugned judgment has given detail of reasons for quashing the order dated 01.08.2018.
The Additional Director of Police recommended that all cases under investigation by the special team companystituted for Idol theft cases and all such future cases may be transferred to the Central Bureau of investigation.
Consequently, respondent No.2 was companytinuing to head the Idol Wing.
O.P. No.
