The genesis of the case is that a group of residents in the temple’s neighborhood had filed a writ petition saying the idol was stolen a few years ago. Subsequently, it was recovered by the police and reinstalled in the sanctum sanctorum of the temple as per the Agama principles. The lower court in Kumbakonam, which was dealing with idol theft cases, ordered the authorities to produce the said idol belonging to the Paramasivan Swamy temple in Siviripalayam in Tirupur district. The residents objected to it saying the main deity cannot be shifted from the precincts of the sanctum sanctorum even for the purpose of producing in a court as part of trial proceedings.
The Judicial Officer, who is dealing with the Idol theft cases at Kumbakonam issued a direction to produce the idol i.e., the ‘Moolavar’ itself for inspection and to complete the enquiry before the court, on January 6. When an attempt was made by the temple executive officer to remove the idol for production before the Court at Kumbakonam, the devotees, including the petitioner, strongly objected to it. Hence, the present writ petition.
The court was wondering at the directions if God can be summoned by a court to be produced for inspection, the Madras High Court has pulled up a lower court for ordering the authorities of a temple in Tirupur district to produce the ‘Moolavar’ (presiding deity) idol, which had been stolen, traced and installed at the shrine after following the rituals and ‘Agama’ rules, for verification.
Advocate Commissioner can be appointed: Justice R Suresh Kumar said the lower court judge, instead, could have deputed an advocate-commissioner to inspect/verify the veracity of the idol and recorded his findings/report. The judge was passing interim orders on a writ petition, challenging the move of the authorities concerned to lift the idol from the pedestal and produce it before the Kumbakonam court.
Belief of the devotees: Passing the orders on Thursday, the judge said the idol need not be removed and produced before the Court concerned, the reason being that, it, according to the belief of the devotees, is the God.
Idol are not material object: The God cannot be summoned by the Court to be produced for mere inspection or verification purposes, as if it is a material object of a criminal case. The judicial officer could have deputed an advocate-commissioner to inspect the idol without affecting its divinity or wounding the feelings of a large number of devotees. The judge said and posted the matter after four weeks for filing counter.
Hon’ble Justice Mr. R.Suresh Kumar
Judge, Madras High Court
