Supreme Court Questions TN Govt Over Missing Files Of Idol Theft Cases; Seeks Centre's Response On Recovering Idols From Foreign Museums

The Supreme Court on Tuesday(September 16) issued notice to the Ministry of External Affairs and the Ministry of Culture in a case concerning recovery of idols stolen since 1985 from various temples in Tamil Nadu, which are said to be in foreign museums.A bench of Justice BV Nagarathna and Justice R Mahadevan passed the order while hearing a petition filed by advocate Elephant G Rajendran seeking an investigation into the disappearance of 41 case diaries connected to thefts of antique temple idols, artefacts, jewels and other properties in Tamil Nadu.“We have perused the affidavits and find that in order to achieve an effective solution to the issues that have been raised by the petitioner herein, it would be necessary to implead Ministry of External Affairs, Government of India and Ministry of Culture, Government of India represented by the concerned Secretary as respondent nos.5 and 6. Cause title be amended accordingly. Issue notice to the aforesaid respondents”, the Court ordered.During the hearing, Rajendran, appearing in person, said that in 41 cases, there would be at least 41 stolen idols, and that in a span of 10 days the case diaries of all 41 cases were destroyed from 38 police stations by the then Superintendent of Police. He alleged that an “idol mafia” involving higher police officers and politicians “maybe of minister rank” had destroyed the files, and that no FIR had been filed despite the files going missing. “If any evidence is missing, a revolver is missing, they would file FIR. But without filing FIR, simply saying missing”, he said.He further alleged that more than 50 idols were stolen and that the fate of the recovered idols was not known. He said stolen idols were kept in museums abroad, including in California and Washington.Justice Nagarathna asked whether the idols had been recovered from abroad. Rajendran replied that no action had been taken and that authorities were claiming the CD files were missing and that there was no FIR. He said that in Tamil Nadu, five copies of an FIR are made and only the original is kept in the police station. He said that though the case files were not computerized, the police could have obtained copies from magistrate courts or the district bureau, instead of registering a new FIR.The Court questioned the Tamil Nadu government over the missing files related to investigations into the thefts of idols. Justice Mahadevan said the State had a responsibility to protect culture and asked why 41 files had gone missing. Justice Nagarathna questioned how the files could have been destroyed from so many police stations simultaneously. “Did fires occur simultaneously in 38 different police stations destroying the files? Or was there any circular to destroy the files”, she questioned. Senior Advocate Sanjay Hegde, for the State, told the court that some files had been reconstructed and that 11 FIRs were registered regarding the missing files. He said some idols had been recovered.Ultimately, the Court impleaded the Centre and directed that the present appeal be sent to the aforementioned ministries.BackgroundRajendran moved the Madras High Court seeking appointment of a team headed by a retired police officer under court monitoring to register criminal cases against all police personnel, HR & CE officials, political persons and millionaires allegedly involved in the disappearance of 41 case diary files on thefts of temple idols, artefacts, jewels and other properties, and to investigate and file charge sheets against them.The High Court criticised the State for not completing investigations or filing charge sheets, noting that idols fetched high value internationally and some had been recovered from abroad. It described the disappearance of case diaries as “shocking” but declined to appoint a retired police officer or monitor the probe. It directed the State to identify police officers responsible for the case diaries and act on negligence, complete all pending investigations expeditiously, issue instructions to ensure safe custody of case diaries and act promptly if they were lost. It further ordered the state not to keep investigations pending merely because idols were not recovered or accused not traced but reopen cases if new leads emerged. Thus, the present appeal was filed.On December 20, 2024, the state informed the Supreme Court that 27 files were traced and 11 fresh FIRs registered. However, the Court questioned how second FIRs could be registered on the same cases. Thereafter, the state admitted the registration of second FIRs in 11 cases could not be justified and said the State would take remedial measures. On February 28, 2025, the Court directed the State to appoint a senior IPS officer to supervise the investigation into the 11 FIRs. In the latest order, based on the status reports filed by the state, the Court found it appropriate to implead the Centre through the External Affairs and the Culture Ministry.Case no. – Special Leave to Appeal (Crl.) ...

Supreme Court Questions TN Govt Over Missing Files Of Idol Theft Cases; Seeks Centre's Response On Recovering Idols From Foreign Museums

Amisha Shrivastava

“Did fires occur simultaneously in 38 different police stations destroying the files?” the Court asked.

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