Idol theft cases: TN govt order asking CBI to conduct probe quashed

Chennai: The state government got its biggest shock in recent weeks as the Madras high court on Friday disallowed the government order transferring the investigation of idol theft cases to the CBI, holding that the decision lacked honesty and transparency. A bigger jolt to the regime was the court appointing IG Pon Manickavel as Special Officer to continue his task heading the idol wing-CID to unravel the cases of theft of idols and antiques, notwithstanding his retirement from police service on Friday.

It was a huge slap on the face of the government and the police headquarters as both have been at loggerheads with Pon Manickavel ever since he took charge of the idol wing in 2012-considered a punishment post in the police circles-and went about seizing idols and artefacts from art dealers and collectors, besides effecting arrest of high-profile persons.

Taking note of Manickavel’s retirement from government service on Friday (November 30), the division bench comprising Justices R Mahadevan and P D Audikesavalu said he would continue as the head of the idol wing but as a Special Officer appointed by the court for a period of one year to assume charge immediately on his superannuation, to function from the same camp with the same facilities and to have the same staff of his choice.

The government is a clearly in a fix since it had issued, earlier in the day, an order posting Additional Director General of Police Abhay Kumar Singh as the head of the idol wing to take charge from Manickavel on retirement.

Quashing the government order (August 1) transferring the idol theft cases to the CBI, the court said, "The State cannot resort to colourable exercise of power under the guise of policy decision, which is well within the scope of judicial review of this court".

The judges agreed with the counsels assailing the GO as "unreasonable, mala fide, irrational, arbitrary and transgression of the judicial orders". In fact, the government order (transferring the cases to CBI) would attract suo motu contempt but the court chose not to resort to that "at present".

In decorating Pon Manickavel as Special Officer continuing with the leadership of the idol wing in the CID, the court paid rich encomiums to the officer, saying, "The facts and the manner in which the investigation is taken up by Pon. Manickavel and his team without any fear, favour, partiality or bias only reposes our faith in the officer and his team". And so he should continue in the task "to facilitate not only continuity but also for proper investigation".