Transferred IG must probe idol cases: Madras High Court

Chennai: Observing that though the transfer of IG Ponn Manickavel could be claimed to be a routine one, for the sake of continuity and speedy completion of investigation and completion of pending cases, Ponn Manickavel and his team must continue, the Madras high court directed the state chief secretary on Friday to create a special camp at Tiruchirappalli headed by inspector general of police A.G.Ponn Manickavel, with other members of the idol wing associated with him earlier for the completion of trial in the pending idol theft cases in the state.

Disposing of two petitions from R.Venkataraman and advocate Elephant G.Rajendran, Justice R.Mahadevan said that cases pending on the file of various courts in the state and prosecuted by the idol wing were hereby transferred to the file of the additional chief judicial magistrate, Kumbakonam,  for effective and speedy disposal of the cases on a day-to-day basis    

“Details of cases where idols have been smuggled out of the country, must be sent to the secretary, revenue department, New Delhi, so as to enable him to issue appropriate directions for initiation of cases under the Customs Act. The revenue secretary is directed to submit a report as to whether the packages/parcels sent out of the country, can be screened to prevent smuggling of idols/antiques and any other preventive measures that can be taken,” the judge added.

The judge said an FIR must be immediately registered by any competent officer of the idol wing based on the complaint of R.Venkataraman regarding the theft of 6 idols from the custody of Sri Pasupatheeswarar temple, Pandanallur, Thanjavur district, and a copy submitted to this court. 

If the role of the delinquent officials and others were prima facie made out, sanction must be obtained forthwith from the appropriate authority and they must be prosecuted. Departmental proceedings must be initiated against HR & CE officials K.Kamaraj, A.Ramachandran, head clerk K.Raja and any other official who have acted with hand in glove with them (in the alleged theft of 6 idols from Sri Pasupatheeswarar temple). Similarly, departmental proceedings must be initiated against the other officials (police personnel) allegedly involved in idol theft, the judge added.

The judge also gave specific orders about the idols kept in the tunnel at Annakarai and in the PWD guest house, and about the maintenance of idols at the ICON centres. He posted the matter to September 9 for reporting compliance.

HC bench declines bail to accused
The Madurai bench of the Madras High Court on Friday refused to grant anticipatory bail to Sharad Comber Dugar who had been allegedly involved in smuggling antique idols from Tamil Nadu.

Shared Comber Dugar from New Delhi, who was absconding from police for many years, filed anticipatory bail before the Court fearing arrests from the police.

The accused, as part of a gang, was allegedly involved in theft of 13 antique idols including Anantha Natarajar (900 years old) from Arulmigu Naarum Poonathar Temple in 2005, and illegally exported them to outside the country. 

The international idol trafficker Subash Chandra Kapoor was involved in the case, police said.  The idol wing-CID, which investigating the case, had arrested five persons involved in the theft, but could not apprehend the bail-petitioner since he turned fugitive for almost a year.

When the anticipatory bail petition came up for hearing before Justice J Nisha Banu, the public prosecutor told the court that with ill-gotten money, the petitioner had used to persuade some witnesses to withhold material information form the investigating police so as to weaken the basic evidence-structure of the case.

The public prosecutor further said that the crime committed by the petitioner along with other accused, at international level was "against our cultural and historic heritage."

After recording the arguments, Justice Nisha Banu observed that this court was of the firm view that a great deal of investigation was essentially required to be done in respect of the exclusive role played by the petitioner to ferret out the entire ramifications surrounding the illegal export of stolen idols. In the counter affidavit filed by the police it was clearly elucidated that the accused demanded money for the illegal work done for the main accused, namely Subash Chandra Kapoor.

Observing that police had made progress and recovered stolen antiques, the Judge said that citing the delay aspect, the petitioner could not wriggle out from his involvement in taking way the national treasure of the country and dismissed his anticipatory bail plea.