Missing files in idol theft case in Tamil Nadu: Supreme Court seeks explanation from state home secretary

New Delhi: The Supreme Court has directed the Secretary, Home Department, Government of Tamil Nadu, to remain virtually present in January 2025 to explain the disappearance of 41 files related to FIRs in idol theft cases from the police custody.

A bench of Justices Abhay S Oka and Augustine George Masih recorded the information that 27 of the 41 files were traced, though no steps were taken in the case of three.

“The moment you file fresh FIRs, it becomes a defence for the accused. How can fresh FIRs be registered," a bench of Justices Abhay S Oka and Augustine George Masih asked senior advocate Sanjay Hegde, appearing for the state.

Advocate G S Mani, appearing for petitioner Elephant G Rajendran, said the thefts happened several years ago.

“The idols involved are worth over Rs 300 crore in the international market. There is no progress made in these cases. This is sheer negligence,” he submitted.

The bench directed the state Home Secretary to file a personal affidavit before January 27, 2025, while listing the case for January 31, 2025.

The court issued notice to the state home secretary, Director General of Police (DGP), Hindu Religious and Charitable Endowments Commissioner, and the Additional DGP heading the Idol Theft Wing in February 2023.

Rajendran had sought a free and fair investigation into the circumstances leading to the disappearance of the files.

Mani had submitted that the missing files dealt with the theft of antique temple idols, precious artifacts, jewels, and other properties.

The petitioner had alleged that the disappearance was the result of a “serious conspiracy” among the higher police officers, the bureaucracy, and the idol mafia.

Rajendran’s petition had quoted the Madras High Court, which in a 2019 case, said, “Tamil Nadu is a State which is known for its majestic temples, its rich culture and heritage. Idols consecrated in its temples have their significance and rich heritage… Some of the idols date back by 1500 to 2000 years."