ORDER :

Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C. to call for the records in the First Information Report in Srirangam PS Crime Nos. 495 and 552 of 2019 and quash the same.

1. Tamil Nadu is a land of temples. They have played a central role in our culture. However, their current condition leaves a lot to be desired. Lands endowed for their maintenance have been gobbled up by private interests. Antique idols have been stolen and smuggled overseas. The temple staff are paid a pittance. Thousands of temples are facing utter neglect. Even poojas are not being performed. Much needs to be done to revive their glory. The way forward is laid down in the magnum-opus of a decision authored by His Lordship Mr. Justice R. Mahadevan in Periyanambi Narasimha Gopalan vs. Secretary to Government, Tourism, Culture and Religious Endowments Department and Others in Suo Motu W.P. No. 574 of 2015.

2. There is also one fundamental issue concerning the administration of temples. Should they continue to be under the thumb of the government? Should not the government professing to be secular treat all religious institutions on par?. Are not knowledgeable and committed activists like Shri T.R. Ramesh justified in arguing that the government should exercise the same degree and level of control over temples as are exercised over churches and mosques?. Such questions and thoughts cross my mind because the petitioner before me is not only a passionate devotee but also an activist. His bona-fides are beyond question. But the way he goes about at times can make one feel uncomfortable. He has been training his guns on Shri Venu Srinivasan, the fourth respondent herein who was the Chairman of the Board of Trustees of Shri Ranganatha Swamy Temple, Srirangam.

3. Shri Venu Srinivasan is a recipient of Padma Bhushan, one of the highest civilian honours. His philanthropic and charitable activities are well known. He has spent his time, money and energy for the restoration of a number of temples. The Hon'ble Vice President of India Shri M. Venkaiah Naidu while commending the work of renovation and conservation of Shri Ranganathaswamy Temple said thus:

“What struck me as remarkable is the tremendous passion that has driven this project - the vision set by the Chairman of the Board, Shri Venu Srinivasan.....And it is not passion alone. It is the spirit of service that lifts this project from the realms of the ordinary to that of the extraordinary....”

I feel like telling the petitioner that the level of discourse or debate must always conform to the highest standards of civility. There can be no place for force or violence even in the slightest degree. Of course, I am not here to dish out sermons to the petitioner. I am no Prashant Kishor. The petitioner has not come to me for consultation. He has come seeking adjudication and I better confine my role to that.

4. The petitioner is the accused in Crime Nos. 495 and 552 of 2019 on the file of the Srirangam Police Station. Sections 500 and 505(2) of IPC figure in both the FIRs. Section 45 of the Information Technology Act has been added to give extra flavour in Crime No. 552 of 2019. The then Executive Officer of the temple is the defacto complainant in both the cases. According to the defacto complainant, the petitioner has made highly defamatory allegations against the temple management in the social media; the allegations are not only wild but also calculated to cause alarm in the minds of the devotees.

5. While exercising jurisdiction under Section 482 of Cr.P.C. I cannot go into contentious facts. The petitioner alleges that since he is exposing several wrong doings of the temple management, the fourth and fifth respondents have conspired with each other to lodge the impugned FIRs. The contesting respondent contends that there is no iota of truth in any of allegations made by the petitioner and since the petitioner is spreading mischievous rumors and canards, he has to be necessarily prosecuted.