Court directs petitioner to follow prescribed legal channels under Bharatiya Nagarik Suraksha Sanhita, 2023 for complaints on idol theft in Arulmighu Kalatheeswarar Abirami Temple
In a significant ruling delivered on September 8, 2026, the Division Bench of the Madurai Bench of the Madras High Court, comprising Justices C.V. Karthikeyan and R. Sakthivel, dismissed a Public Interest Litigation (PIL) filed by social activist Raja Sm concerning the alleged theft of two idols from the Arulmighu Kalatheeswarar Abirami Temple in Dindigul. The writ petition sought to quash an order by the Additional Director General of Police, Idol Smuggling Prevention Division, and requested the transfer of the investigation to the Central Bureau of Investigation (CBI).
The petitioner had raised concerns over the purported disappearance of the Karudalvar Idol and the Bala Durgai Amman idol, which are integral parts of the temple's pillars. Despite attaching photographic evidence, the Court observed that the complaint was initially lodged with the Chief Minister's Cell rather than the designated investigating authority, which contravened the procedure mandated under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023).
The Court underscored the importance of following the statutory complaint mechanism enshrined in BNSS 2023. According to the judgment, a proper complaint must be filed with the appropriate investigating agency, and if no action is forthcoming, the aggrieved party may then approach the competent Magistrate or Court with jurisdiction over the matter. The Court noted that circumventing this procedure by directly approaching the Chief Minister's Cell and subsequently filing a PIL was improper and would not assist in advancing the petitioner's cause.
Further, the respondents clarified that the two idols in question remain physically present within the temple premises but are currently not being worshipped due to damage sustained. This statement was recorded by the Court and factored into its decision to dismiss the petition.
Justice Karthikeyan, speaking for the bench, granted liberty to the petitioner to initiate proceedings in accordance with the established legal framework under BNSS 2023, thereby ensuring that the procedural safeguards and investigative protocols are duly respected. The Court explicitly ruled that its observations should not prejudice any future investigations or judicial proceedings related to the complaint.
This judgment reaffirms the necessity of adhering to statutory procedures in cases involving cultural and religious property, particularly under the new legal regime introduced by BNSS 2023, which aims to streamline and regulate the handling of citizen complaints and enhance transparency and accountability in investigations.
Bottom Line:
Public Interest Litigation - Procedure for lodging complaints regarding idol theft under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) must be followed. Filing a PIL without adhering to the prescribed procedure does not advance the cause.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023)
Raja Sm Social Activist v. State, (Madras)(DB)(Madurai Bench) : Law Finder Doc Id # 2981437
