Madras High Court Orders CBI Probe Against Retired IPS Officer For Allegedly Colluding With Idol Smugglers

The Madras High Court on Friday directed Central Bureau of Investigation to probe into the allegations levelled against retired IPS Officer AG Ponn Manickavel for his alleged collusion with idol smugglers. The orders were issued by Justice G Jayachandran in a plea moved by a former Deputy Superintendent of Police Kader Batcha. 

Batcha contended that he was falsely implicated by Manickavel in idol theft cases and that he had in fact successfully recovered idols and arrested real culprits while he was in the idol wing. He submitted that Manickavel's actions only nullified the earnest efforts taken by the petitioner to recover the stolen idols. He contended that Manickavel had indulged in the act of illegal detention, illegal influencing of Judicial Officers, misusing High Courts name, harbouring the accused persons and safeguarding the interest of persons who have scrapped our sculptures and antiques and taking revenge against the innocent Officers like the petitioner

Apart from the averments made in the petition, the court also took note of communications by the Commissioner (HR&CE) which highlighted instances wherein Manickavel had failed to follow rules and and settled principles of law when dealing with Officers of HR&CE and had forced them to do acts impermissible under law. Also taking note of Manickavel's conduct with respect to certain incidents, the court opined that the allegations levelled against him could not be ignored. 

The court also noted that both the officers were entrusted with specific responsibilities and their actions had ramifications in foreign relations also. Hence, such men were expected to deal fairly in respect to such issues.

The petitioner and the 5th respondent are Police Officers at different rank. They had been entrusted with specific responsibility, which involves pride and faith of this Nation. Their action also involves other ramifications like our foreign relationship, honouring the International Treaty obligations without compromising the interest of the Nation. Men entrusted with responsibility whether on the Investigating side or on the Judicial side are expected to deal fairly in issues which has serious ramification on our Culture, Heritage, Faith and Emotion. 

The court concluded that for it to satisfy its conscious, it was necessary that there was an impartial investigation. To ensure the same, the court exercised its inherent power under Section 482 of Cr.P.C to ensure fair and impartial investigation. For this, the court deemed it fit to transfer the case to the Central Bureau of Investigation (CBI).

Therefore, taking into consideration the international ramification of the offence, exchange of allegations against each other by two Police Officials, who were privy to the idols theft cases, the alleged attempt to screen the crime of theft and the thieves, this Court has no second opinion that this is a case to be investigated by Central Bureau of Investigation (CBI) to unravel the truth.....

The Director of CBI was thus directed to take cognisance of the representation made by the petitioner seeking to prosecute Manickavel and make a preliminary enquiry by appointing an Investigating Officer not below the rank of Deputy Inspector General of Police. The file relating to the cases against the petitioner was also transferred from the idol wing to the CBI for re- examination.

In case any concoction or falsification of evidence was made out, the CBI was permitted to proceed against the the officers independently and file report before the Court which is trying the cases relating to idol theft for the offence of fabricating false evidence with intent to procure conviction. 

Case Title: Kader Batcha v. The Additional Chief Secretary to Government and others

Case No: Crl O.P No. 18583 of 2019

Citation: 2022 LIveLaw (Mad) 316

Counsel for the Petitioner: Mr.L.Infant Dinesh

Counsel for the Respondent: Mr.N.S.Suganthan, Government Advocate (Crl.Side) (R1-R4) Mr.V.Selvaraj (R5) 

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