Transfer of idol theft cases to CBI quashed by Madras High Court

The State cannot resort to colourable exercise of power under the guise of policy decision, which is well within the scope of judicial review of this court, the bench observed.
Madras High Court. (File Photo | Express Photo Service)
Madras High Court. (File Photo | Express Photo Service)

CHENNAI: A special bench of the Madras High Court on Friday set aside a GO dated August 1, which transferred all the idol theft cases in the State from the court-appointed Idol theft wing headed by the Inspector General of Police A G Pon Manickavel to the CBI.  

A bench of Justices R Mahadevan and P D Audikesavalu also appointed Manickavel, who retired from service on Friday, as the Special Officer to continue to head the investigation of idol theft cases.

The State cannot resort to colourable exercise of power under the guise of a policy decision, which is well within the scope of judicial review of this court, the bench observed.

Concurring with the contentions of the counsel assailing the impugned GO and terming the decision as unreasonable, mala fide, irrational, arbitrary and transgression of the judicial orders, the bench said it is constrained to quash the August 1 GO.

The court said Pon Manickavel will assume office as the special officer on Friday itself and the State government should pass orders to that effect.

He will get the same pay benefits that were available to him at the time of his retirement for his entire tenure.

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