R. Mahadevan, J.

“A concerted effort to preserve our heritage is a vital link to our cultural, educational, aesthetic, inspirational and economic legacies – all of the things that quite literally make us who we are”.

(Steve Berry)

The above lines just flashed, while penning down this order. May be the subject in issue is nearer to these lines.

2. Both these writ petitions have been filed as 'pro bono publico' to quash the order passed by the Government of Tamil Nadu in G.O.Ms.No.885, Home (SC) Department, dated 01.08.2018, by which the investigation of the cases related to theft of idols and art facets of various temples now investigated by the High Court appointed Special Team headed by the sixth respondent in W.P.No.20392 of 2018 pursuant to the order passed by this Court dated 21.07.2017 in Crl.O.P.Nos.8690 and 12060 of 2017, have been ordered to be investigated by the Central Bureau of Investigation.

The Background:-

3. Earlier, Crl.O.P.Nos.8690 and 12060 of 2017 were filed before this Court. Crl.OP.No.8690 of 2017 was filed to transfer the investigation pending on the file of the Joint Commissioner, HR & CE Department, Mayiladuthurai, Nagapattinam District to the Additional Director General of Police, E.O.W.-Idol Wing CID Police, Guindy, Chennai-32. Crl.OP.No.12060 of 2017 was filed to transfer the cases registered on 07.02.2017 by the Deputy Superintendent of Police one Mr.Ashok Natrajan in Crime No.1 of 2017 from the file of the Idol Theft Wing CID Chennai to the Crime Branch CID for further investigation by a police officer not below the rank of Superintendent of Police with a further direction to lay charge sheet within a stipulated time frame. It was alleged that several ancient idols, jewels, silver articles etc. of the temples in Thanjavur District, worth several crores of rupees have been stolen and smuggled by certain persons, in which some officials of the HR & CE Department have also been involved. Since this is a serious and sensitive issue, this Court passed a detailed order on 21.07.2017 in those Criminal Original Petitions, ordering to create a special camp at Tiruchirappalli headed by Mr.A.G.Pon Manickavel, IPS, Inspector General of Police with other members of Idol Wing, who have been associated with him for the completion of the trial of the pending as well as under-investigation cases in the State and to provide necessary assistance to him. Further, the cases pending on the file of various Courts in the State of Tamil Nadu prosecuted by the Idol Wing were directed to be transferred to the file of the learned Additional Chief Judicial Magistrate, Kumbakonam for effective and speedy disposal of the cases. This Court further ordered departmental proceedings to be issued against the erring officials, followed by a series of directions to set right the issue. It was also specifically ordered that the team as ordered by the Court headed by the said Mr.A.G.Pon Manickavel shall continue to follow up those cases in addition to their present and future assignments, wherever they are posted. Thereafter, the idol cases were handled by the team headed by Mr.A.G.Pon Manickavel. The relevant portion of the order discussing the history of temples, the role of the state and the current state of affairs are extracted below:

“9. The State of Tamil Nadu is blessed to have the most ancient temples in the country. The culture and the history of the State goes back to several centuries, when many countries that exist in the world and to which the smuggled Idols are sent, were not even born. When other countries were looking for precious metals, the people of this land were wearing them as ornaments.

10. History would reveal that this land was invaded by many to exploit the natural resources and to break the culture, which made them dominate the world in all the fields. Many temples and deities were destroyed and the precio