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SUPREME COURT OF INDIA
ASHOK BHUSHAN, K.M. JOSEPH, JJ.
The State of Tamil Nadu & Ors – Appellants
Vs.
Elephant G. Rajendran & Ors. Etc. – Respondents
Civil Appeal Nos. 3918-3919 of 2019 (arising out of S.L.P. (C) Nos. 32344-32345 of 2018)
Decided on : 12-04-2019
(b) Administrative law – Idol theft cases being investigated by SIT constituted by High Court – Instruction of State to inform its decision to transfer idol theft cases to CBI – High Court directing the materials to be placed before it on 08.08.2018 – State issuing order transferring the cases on 01.08.2018 – High Court rightly quashed the order. (Para 36)
(c) Constitution of India – Article 226 – Power under – Both plenary and inherent – Not confined only to issue specified writs – But also to issue directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of the rights conferred by Part III and for any other purpose – The power of High Court does not contain any fetter except self-imposed restrictions. (Para 38, 42)
AIR 1966 SC 81; (1976) 2 SCC 82; (1997) 9 SCC 377 – Relied upon
(d) Constitution of India – Article 226 and Article 32– PIL – Monitoring of criminal investigation – Constitutional Court is free to devise any procedure appropriate for particular purpose of the proceeding – When investigating agencies do not carry out their public duty to investigate the offences disclosed; the Court would monitor the investigations and constitute special investigation team (SIT) consisting even of retired police personnel – Violation of All India Services Act, 1951 or Rules framed thereunder cannot be read in entrustment of specific job to a retired officer. (Para 44, 46, 53, 54)
(1998) 1 SCC 226; (1987) 1 SCC 395; (2003) 7 SCC 546; (2018) 3 SCC 664; (2013) 10 SCC 611– Relied upon
2004 (3) MhLJ 760; 2013 (1) CTC 1 – Cited with approval
(2014) 7 SCC 385 – Referred
(e) Constitution of India – Article 226 – State issuing order divesting Idol Wing of CID of investigation of theft of idol and entrusting the same to CBI – High court quashing the order becoming custodian of the Idols – Constituting SIT with respondent 2 in the role of parens patriae – State specifically stating absence of any blemish against respondent 2 – Challenge to suitability of respondent 2 to head the SIT rejected. (Para 57, 59)
(f) Constitution of India – Article 226 – No challenge to the Government order dated 29.11.2018 appointing an Additional Director General of Police to head the Idol wing – High Court observing that the order has become redundant – Not right. (Para 62)
Facts of the case:
One Mr.A.G. Ponn Manickavel, the respondent No.2 herein was appointed as Deputy Inspector General of Police, Idol Wing, Chennai on 11.02.2012, which was part of Economic Offences Wing of the Tamil Nadu Police. The role of the wing is basically for efficient investigation, detection and follow up of the Idol theft cases and follow the Court cases concerning them.
The two individuals namely, Mr. R. Venkataraman and Mr. Elephant G. Rajendran, the respondent No.1 herein, filed petitions before the High Court of Madras under Section 482 Cr.P.C. being Crl.O.P. No. 8960 of 2017 and Crl.O.P. No. 12060 of 2017. In Crl.O.P. No.8960 of 2017, it was prayed for transferring the investigation regarding theft of 06 idols from the HR & CE Department to the Idol Wing of the Tamil Nadu Police and in Crl.O.P. No.12060 of 2017, the prayer was made to transfer an FIR pertaining to an Idol theft from the Idol Theft Wing, CID, Chennai to the Crime Branch, CID, Chennai.
Mr. Elephant G. Rajendran, who is respondent No.1 in this appeal, had filed Crl.O.P. No. 12060 of 2017 making allegation that a police official came into possession of six Idols during the course of their investigation had sold the Idols for Rs.6 Crores. Despite the fact that FIR had been lodged against the accused, they have been promoted and no further action was taken. Further allegation was that investigation by a subordinate officer of the same wing cannot be handled effectively. Allegations were also made that Idols worth several crores of rupees were sold by the trustees in collusion with the HR & CE authorities.
High Court disposed of both the Crl.O.P. petitions by its judgment dated 21.07.2017. The Court observed that officer, the respondent No.2 has been supervising the cases and has efficiently traced and recovered several Idols worth several crores. Court further observed that considering that Respondent No.2 and his team have extensively travelled throughout the country and are aware of the modus operandi of the culprits, for the sake of continuity, speedy completion of the investigation and completion of the pending cases, respondent No.2 must continue despite the work assigned presently. The Madras High Court on 21.07.2017 issued 20 directions to the State of Tamil Nadu,
Supreme Court did not interfere with the directions of Madras High Court dated 21.07.2017 directing the respondent No.2 to continue to head the Idol Wing of the CID.
On 01.08.2018 the State Government issued an order according its consent to transfer all cases being investigated by the Special Team constituted for the Idol cases and all such future cases to the Central Bureau of Investigation.
Two Writ Petitions being Writ Petition No.20392 of 2018 – Elephant G.Rajendran Vs. The State of Tamil Nadu and Writ Petition No. 20963 of 2018 – Traffic Dr. K.R.Ramaswamy Vs. 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. 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.
Finding of the Court:
Impugned judgment and directions are justified except needing some modifications.
Result: Appeals partly allowed.
JUDGMENT :
ASHOK BHUSHAN, J.
Leave granted.
2. The State of Tamil Nadu alongwith its functionaries have filed these appeals against the common judgment dated 30.11.2018 passed by the High Court of Madras in Writ Petition Nos. 20392 and 20963 of 2018 filed by the respondents as PIL (Public Interest Litigation).
3. Tamil Nadu is a State, which is known for its majestic temples, its rich culture and heritage. Idols consecrated in its various temples have their own significance, rich heritage and some of the idols dates back to 1500 to 2000 years back. There have been several instances for theft of precious idols and artefacts in the State of Tamil Nadu, which alarmed the State Government. The State Government vide its G.O.Ms. No. 2098, Home(Pol-IV) Department dated 07.10.1983 formed an Idol Wing of Crime Investigation Department (CID). The temples in Tamil Nadu are administered under the enactment namely, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “Act, 1959”). Hindu Religious and Charitable Endowments Department (hereinafter referred to as “HR & CE Department”) of the State controls and administers various temples in the State. The HR & CE Department of the State keeps a direct control and management of the temples, its properties, idols and artefacts etc.
4. One Mr.A.G. Ponn Manickavel, the respondent No.2 herein, who shall hereinafter be referred to as “respondent No.2” was appointed as Deputy Inspector General of Police, Idol Wing, Chennai on 11.02.2012, which was part of Economic Offences Wing of the Tamil Nadu Police. The role of the wing is basically for efficient investigation, detection and follow up of the Idol theft cases and follow the Court cases concerning them. Respondent No.2 was continued in the Idol Services Wing since then.
5. The two individuals namely, Mr. R. Venkataraman and Mr. Elephant G. Rajendran, the respondent No.1 herein, filed petitions before the High Court of Madras under Section 482 Cr.P.C. being Crl.O.P. No. 8960 of 2017 and Crl.O.P. No. 12060 of 2017. In Crl.O.P. No.8960 of 2017, it was prayed for transferring the investigation regarding theft of 06 idols from the HR & CE Department to the Idol Wing of the Tamil Nadu Police and in Crl.O.P. No.12060 of 2017, the prayer was made to transfer an FIR pertaining to an Idol theft from the Idol Theft Wing, CID, Chennai to the Crime Branch, CID, Chennai.
6. The case filed by the petitioner in Crl.O.P. No. 8960 of 2017 was with regard to Sri Pasupatheeswarar Temple in Thanjavur District, which was built during the Chola Reign about 1500 to 2000 years ago, which according to petitioner houses several ancient idols of temples. Allegation was made that 06 of such idols were missing belonging to a temple with regard to which complaints were made to police officers and officials of HR & CE Department. Despite several complaints to police officers and officials of HR & CE Department, no FIR has been lodged and no action has been taken to punish the erring officials of the HR & CE Department. It was further pleaded that officials of HR & CE Department are not appropriate authority to investigate the offence of theft, hence appropriate direction was sought for.
7. Mr. Elephant G. Rajendran, who is respondent No.1 in this appeal, had filed Crl.O.P. No. 12060 of 2017 making allegation that a police official came into possession of six Idols during the course of their investigation had sold the Idols for Rs.6 Crores. Despite the fact that FIR had been lodged against the accused, they have been promoted and no further action was taken. Further allegation was that investigation by a subordinate officer of the same wing cannot be handled effectively. Allegations were also made that Idols worth several crores of rupees were sold by the trustees in collusion with the HR & CE authorities.
8. Madras High Court disposed of both the Crl.O.P. petitions by its judgment dated 21.07.2017. The High Court during the hearing had summoned the I
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