NDLI: The State of Tamil Nadu & Ors. Vs. Elephant G. Rajendran & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Jurisdiction under art 226 Idol theft cases Exercise of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (22 of 1959)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959: Idol theft cases – Idol Wing of Crime Investigation Department handling investigation, detection and follow up of such cases – Hindu Religious and Charitable Endowments Department of the State controlling and managing the temples, idols and artefacts – Letter by Commissioner, Hindu Religious and Charitable Endowments to Director General of Police pointing out various complaints of his officers received by him against Idol Wing of Police – By G.O. dated 01.08.2018, State of Tamil Nadu transferring all the under investigation cases being investigated by the Special Team constituted for Idol theft cases and all such future cases to the CBI – Justification of – Held: It was known fact that there were allegations and FIRs against few officers of HR & CE and complaints submitted by the Commissioner against the Idol Wing of the Police ought not to have been accepted outrightly without conducting any enquiry – Even if there was some truth in the complaints made by the Commissioner, the same ought to have been enquired and informed decision ought to be taken by the Government – On a single letter of the Commissioner suddenly no opinion could have been formed that Idol Wing of the Department is not doing its job – Decision to transfer the cases to CBI was hurriedly taken within one day on a complaint received by the Commissioner without making any inquiry and the decision of the Government cannot be said to be an informed decision – When the matters pertaining to Idol Thefts were already under investigation by SIT constituted under the order of the High Court, it was appropriate that the State Government ought to have apprised the Court before issuing any Government order for transferring the cases – In any view of the matter looking to the large number of cases of idol thefts cases and cases to come in future regarding idol thefts, the CBI was not appropriate investigating agency to be requested by the State – CBI itself has expressed its inability to undertake such huge exercise – Thus, the High Court did not commit any error in quashing the Government order dated 01.08.2018. Constitution of India: Art. 226 – Jurisdiction under – Exercise of – Respondent no. 2-police officer, heading Idol Wing has been supervising Idol theft cases and efficiently traced and recovered several idols worth several crores – Direction by the High Court appointing respondent no 2 after his superannuation to head a Special Investigation Team (SIT) to carry out investigations and other functions, which can be exercised by a police officer under CrPC – Sustainability of – Held: Jurisdiction of constitutional courts u/Arts. 226 and 32 can be used to forge new methodology to achieve the constitutional objectives – For sufficient reason investigation can be handed over to a person who is retired or no longer in employment – Government can issue orders enabling respondent no. 2 to carry on functions as per the direction – High Court in exercise of jurisdiction u/Art. 226 could very well direct respondent No.2 to head the SIT to carry out investigation and other functions after attaining the age of superannuation – Thus, the directions of the High Court to continue respondent No.2 in Idol Wing of CID after his superannuation is sustainable. Art. 226 – Jurisdiction under – Exercise of, by the High Court – Scope and ambit of – Held: Power given to the High Court u/Art. 226 is of very wide nature which does not contain any fetter except self-imposed restrictions – High Court while exercising jurisdiction u/Art. 226 shall not issue any direction which is contrary to law.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 523
Petitioner	The State Of Tamil Nadu & Ors.
Respondent	Elephant G. Rajendran & Ors. Etc.
SCR	[2019] 5 S.C.R. 771
Judgement Date	2019-04-12
Case Number	3918

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