It is not wholly understandable why Pon Manickavel (PM) had to be told by the top court that he had to hand over all the documents/materials/material objects and whatever he has collected/compiled/collated, in the course of his investigation as the head of Idol Wing of the Tamil Nadu a police force.
He had retired in 2018 and was on ‘extension’ for a year, thanks to the orders of the Madras High Court, with a noble intent, to ensure ‘continuity’ in the investigation he was handling in a sensitive case. His ‘extension’ beyond Nov 30 was escalated to Supreme Court. Rightly, the High Court did not pass any orders which may have hurt its fair name. And then the Supreme Court orally made clear what was too obvious to miss, that High Court may kindly be told not to extend the tenure.
Cleared of hurdles, the Tamil Nadu State Government, duly emboldened by the observations of the apex Court jumped in to retire ‘PM’ on and from Nov 30. Despite such clear orders, the man stood his ground and reports suggest that Senior Advocate Mukul Rohatgi, representing the State Government, had publicly counselled, not warned, ‘PM’, to quietly pass the baton to the State, lest there was compulsion to initiate contempt proceedings against him.
‘PM’ has become a sort of hero for the religious and devotional middle classes, for standing up to the might of the State. He was perceived ‘to be the Lone Ranger who was battling a veritable mafia with a nudge and a wink from the State’ as a commentator put it. Even earlier, it was the High Court which had intervened to let him continue, when the State showed irrational exuberance to remove him.
All kinds of conspiracy stories were doing the rounds. He was portrayed as Batman who had ring-fenced the investigation retinue and was treading on many an influential toe. It was matter of common knowledge that there was a huge scam and a multi-million dollar racket in the smuggling of antiques and idols from our less than securely guarded temples. One name that towered above the rest was that of Subhash Kapoor, now behind bars for good. He was the kingpin in every crook’s diary in this rich enterprise.
A specially constituted Division Bench was devoted to the cause of cracking the code and arrest the culprits and also see to it that the stolen heritage was brought back to where it belonged. The senior judge Justice R.Mahadevan, along with his junior judge PD Audikesavalu, was very proactive and it was but natural that the court extended the officer’s tenure beyond 2018 till Nov 30, 2019 as they felt that investigations were at a critical stage and any change of personnel may help the cause of the conspirators.
When the Supreme Court affirmed their order of extension, it was manna from heaven for ‘PM.’ As he seemed to stand taller, the State and Police administration could not digest his stature. It was a serious blow to their image and reputation as it appeared he was the only honest and moral authority and the rest were tainted. In ordinary course, in Nov, 2018 itself PM would/should have yielded leadership to his successor. And when the then Chief Justice Vijaya Tahilaramani dissolved the specially constituted bench, the rumblings heard did not augur well for all the actors. It was that sensitive an issue and the public may have felt that ‘PM’ must be needling too many culprits that everyone concerned was out to get him. His image was further bolstered by this perception which matters more than reality itself.
The State and Police administrations’ keenness to see him pack his bags was obvious and the ‘PM’ fan club felt that itself was good enough reason to fight for his retention. But it is not correct or proper to assume ‘PM was the sole defender and he alone from the Police administration was fit to lead the Idol Theft Wing. No State worth its salt can stomach such a stand, and be seen to be buckling under it.
TN Seshan, who recently passed away, was a man with a mission. He did wonders as Chief Election Commissioner. He lent meaning to the post of CEC.
But he too had to go when the time came. He could not hold on, no matter he was a middle class hero and stood up to tainted politicians. Law does not and cannot permit such continuity in total disregard of service jurisprudence. It would be highly unfair to the successors to be kept out of leadership which is their due.
‘PM’ may have rendered yeoman service. He may have braved the odds as many wanted to see his back. He may have done what was expected of him, in his position as leader. In fact, high praise may be due. But that does not and did not confer on him, the right or might or claim to continue to occupy the position, for as long as he chose. And even when formally retired, refusing to hand over the documents to the State, as is mandatory, has sullied his image completely. It had exposed his attachment to the post and position and not the cause.
Even the High Court would have found it tough to extend his tenure beyond Nov 30. The order extending his tenure itself was an assertive order but a clear case of benign judicial overreach which was commended. That is why even the Supreme Court saw it fit to uphold it. But for ‘PM’ to expect the High Court or the apex court to keep him in good humour for good, as leader of the Idol Wing forever, was a clear error and that needed to be corrected. The State and Police administration can feel vindicated that ‘PM’ was not the sole repository of the protective shield. But the State and Police administration have a far higher responsibility now, to outdo whatever ‘PM’ may have done.
(Author is a practising advocate in the Madras High Court)
