Chennai: Expressing satisfaction with the credentials of Pon Manickavel, IPS, and steps taken by him in the process of investigation, the Madras high court has appointed him as a special officer and directed him to assume charge on his superannuation this forenoon immediately.
Directing the government to pass orders to that effect, a division bench comprising Justices R. Mahadevan and P. D. Audikesavalu made it clear that any delay by the government in passing appropriate orders, shall not curtail the powers of Pon Manickavel to head the team and investigate the cases and take appropriate action as per law.
The members of the special team constituted on the basis of the orders of this court shall continue to be part of the team and any such member as requested by Pon Manickavel shall be spared by the government from the Tamil Nadu police force, the bench added.The bench said Pon Manickavel shall draw the same pay and benefits that were available to him at the time of his retirement for the entire tenure of his term as special officer. The special officer shall investigate the cases thoroughly and periodically submit all reports before the appropriate court as per law and also before this court in a sealed cover to enable this court to monitor the investigation, the bench added.
The bench said the special officer and his team shall continue to not only investigate and file charge sheets and prosecute in the pending cases but shall also continue to do so in the cases arising in future during his tenure or until further orders from this court. The CBI and other agencies of Central government shall continue to give appropriate support to the special officer and his team, the bench added.
The bench said no action or inquiry against the special officer or any member of the team shall be initiated except with the concurrence of this court. If any materials were there to rely upon for necessary action, the same be placed before this court for further directions. The state shall immediately issue appropriate communications to departments concerned of the state including the HR & CE to extend their fullest co-operation to the special team and furnish necessary particulars and documents sought by them, the bench added.
The bench said the state shall create a separate division to handle the financial aspects of the functioning of the team so as to ensure that no action was delayed for paucity of funds and separate account was to be created for this purpose and reasonable amount must be available to meet out the daily overheads. All the directions issued by this court shall be implemented without any delay or demur and a report shall be submitted regarding the action taken, the bench added and posted the matter for reporting compliance after six weeks . The bench said the court never gave permission to the government to pass the government order or in other words, without the concurrence of the court, which constituted the special team, which was also referred as so in all the communications, the government order ought not to have been passed. "This court is of the view that the action of the officials involved warrants initiation of suo motu contempt action, but in refraining to resort to such action at present. Also the reports in the media and presumptions cannot be the grounds for transferring the case to CBI. Also recording that the officials and the government are not co-operating, instead of requesting all the concerned to co-operate, a recommendation is made to the government itself to transfer the case to CBI". One of the reasons given in the GO was that the decision was taken to win the confidence of this court. This court only appointed Pon Manickavel and constituted the special team.
Govt passed order without concurrence of court: HC
In trashing the GO transferring the idol theft cases to the CBI, the High Court bench said it was only when the state agency was either incapable of investigation or when the investigation was influenced or tainted or biased or to ensure that justice has to be done, the question of transfer of investigation to CBI would arise. In the present case, unable to exert any influence on the officer or his team, the files have been directed to be transferred to CBI, demeaning also the character of CBI. Mere apprehension cannot be a ground for transfer, the court said.
Referring to the government justifying the decision to transfer the cases to the CBI as the probe would lead to several states at times even to foreign countries, the court said such contention "is not only irrational but also arbitrary…the entire process followed in the issuance of the G.O was illegal.
"The decision seems to have been taken by four officials and not by the government, within a day, for reasons which would not require an investigation by the CBI or any central agency. Strangely and illegally, the genesis of the so-called policy decision has flown from the office of the then Commissioner of HR & CE department namely Jaya, who seems to be unjustifiably unhappy because of the action taken by the team appointed by this court and who was pulled up by this court for non-cooperation", said the court.
The bench pointed out that the government passed its order without concurrence of the court and in contravention of the court's keen desire for a comprehensive and honest investigation while constituting the special team under Pon Manickavel.
"This court is of the view that the action of the officials involved warrants initiation of suo motu contempt action, but is refraining to resort to such action at present", it said.
"One of the reasons given in the G.O was that the decision was taken to win the confidence of this court. This court only appointed Pon Manickavel and constituted the special team. This court never expressed anything at any stage against the officer. While so, it was not for the four officers to take a decision to transfer the case, without the concurrence of this court", said the court.
Since taking charge of the idol wing in state police CID, Manickavel and team have been credited with recovering 1,129 allegedly stolen idols worth hundreds of crores of rupees even as a 'hostile' administration sought to lay obstacles in his path-his team was shrunk from 29 to seven for instance.
Will work much beyond my call of duty, says elated Pon
The court order resurrecting him as the head of the idol wing and decorating him with the position of Special Officer' post-retirement on Friday has lifted Pon Manickavel into the clouds. Looking elated and proud, the officer told the large gathering of journalists at his office that he and his team, who had worked round-the-clock so far, would not work even harder. "I will work much beyond my call of duty", he said, adding he would not even claim any special remuneration beyond his retirement pension.
"I will not allow anyone to move my officers even one inch", Manickavel shot back when a reporter asked him if he feared the government/police recoil would result in his team getting truncated. At the same time, he promised he would not tread on any toes and desist from "crossing any lines, causing any problems".
Advocate 'Elephant' G Rajendiran, one of the petitioners battling the government move to transfer the idol theft cases to the CBI, said the present order from the HC bench made clear that Pon Manickavel will function as Special Officer continuing with the idol wing cases from the very moment he retired from government service Friday evening.
"He will be reporting all the matters in the investigation to the court directly; does not have to submit anything to the government", said Rajendiran.
Alleging that "several government officials and millionaires" are involved in the theft and trafficking of priceless idols and artefacts from TN temple, Rajendiran said the state government's decision to shift the probe to the CBI was aimed at only protecting such villains.
