CHENNAI: The Madras High Court on Friday ordered a CBI probe into allegations of collusion between retired Inspector General of Police Ponn Manickavel, who headed an Idol Wing-CID special team, and international and domestic idol smugglers.
Allowing a petition filed by suspended DSP Kader Batcha, Justice G Jayachandran said, "Director of Central Bureau of Investigation is directed to take cognizance of the representations of the petitioner dated 20/04/2019 and 15/06/2019 and make a preliminary inquiry by appointing an Investigating Officer not below the rank of DIG of Police."
He also directed transfer of the investigation of Crime No.1 of 2017 from the file of Idol Wing-CID to CBI for re-investigation.
The case involved alleged confiscation of three idols by policemen, including Kader Batcha, at gunpoint from people on whose land the idols were recovered in Aruppukkottai. The antiques were later allegedly sold by the policemen.
Though the petitioner sought orders for the CB-CID to register a case against the retired IG, the HC ordered a CBI probe taking into account the ramifications of the allegations. Referring to the accusations and acts of the two police officials of different ranks, the judge said they were entrusted with responsibility involving the pride and faith of the country.
Actions of the officers could affect foreign relations, international treaties: HC
"The actions of the officers have ramifications on foreign relationship and honouring international treaty obligations without compromising the interest of the nation. They are expected to deal fairly in issues that have serious ramification on our culture, heritage, faith and emotion," the judge said.
Justice Jayachandran said both have willfully come out only with half-truth by suppressing the other half. It is a case of suppression of fact or suggestion of falsehood through fabrication of documents. One of the characters here had chosen to play the role of "red herring".
Therefore, taking into consideration the international ramification of the offence, exchange of allegations by two police officials who were privy to idols theft cases, and the alleged attempt to screen the crime of theft and the thieves, this court has no second opinion that this is a fit case to be investigated by the CBI.
The petitioner, Kader Batcha, was arraigned as an additional accused in case relating of idol theft and the second case against him was registered in 2017 allegedly at the instance of Manickavel. Later, he was arrested in connection with the cases. Batcha had accused Manickavel of colluding with international idol smuggler Subash Chandra Kapoor and domestic smuggler Deenadayalan.
The discretion exercised by Manickavel to arrange for pardon to Deenadayalan, the audacity to give his opinion on foreign policy of the State to camouflage his inability and misaction that enabled a fugitive to escape the clutches of the law, and his actions preventing recovery of other idols in possession of Kapoor, all require independent probe, the petitioner had contended.
Batcha also said his representations sent on April and June of 2019 were not acted upon by the State home secretary and the DGP.