It strikes down the order of a special court
An idol, according to the belief of devotees, is God. Therefore, God cannot be summoned by any court to be produced for mere inspection or verification as if it is yet a material object in a criminal case, the Madras High Court observed on Thursday.
Justice R. Suresh Kumar made the observations while passing interim orders in a case filed against the move to move the main deity of the Paramasivan Swamy Temple at Siviyarpalayam in Kangeyam taluk of Tiruppur district for being produced in court.
A group of local residents had filed the writ petition and its counsel C.K. Chandrasekar told the court that the idol was stolen a few years ago. It was recovered by the police and reinstalled in the sanctum sanctorum of the temple as per the Agama principles.
However, recently, a special court dealing with idol theft cases ordered production of the idol for inspection in the case pending before it and the Executive Officer of the temple decided to oblige.
The objections raised by the villagers fell on deaf ears, the counsel said.
Finding force in his submission, the judge ruled that if it was a processional deity, the Executive Officer would have been justified in producing the same before the special court after following the rules laid down in the Agamas.
“However, in the case of the main deity, if the same is installed once after performing pujas pursuant to Samprokshanam or Kumbabishekam at the sanctum sanctorum, then the deity cannot be removed instantly, even of course pursuant to the order passed by the court concerned,” he said.
The judge said the special court could appoint an advocate commissioner and order him to examine the idol, in the presence of the Executive Officer as well as a few devotees, and submit a report to the court.
Source: Read Full Article