'God Cannot Be Summoned': Madras High Court Overturns Order To Produce Idol

Overturning a lower court's decision, the Madras High Court has observed that an idol is believed to be a God by the devotees cannot be summoned by the Court. While hearing a challenge to the order of the lower Court in an idol theft case, where the idol was called to be produced in the Court to enquire its condition, Justice R. Suresh Kumar observed that,

"The God cannot be summoned by the Court to be produced for a mere inspection or verification purposes, as if that it is a material object of a criminal case."

To serve the purpose of the impugned compliance order without disturbing or wounding the feelings of a large number of devotees, the Court called for the appointment of an Advocate Commissioner, who, along with others concerned, will prepare a detailed report on the condition of the idol.

Background

The petition contended that Moolavar, the idol of a deity, was stolen from the ancient temple Arulmighu Paramasivan Swamy Thirukkoil, located in the Tiruppur District. Subsequently, it was retrieved by the Police and produced before the Court dealing with the idol theft cases in the area. The idol was handed over to the temple authorities and re-installed. After that, it was worshiped by many devotees, including residents of the nearby areas.

However, in the pending idol theft case, the Judicial Officer issued directions to produce the idol for inspection. The Executive Officer's attempt to remove the idol for production before the Magistrate Court was met with objection from devotees and villagers.

Filed through Advocate Mr.C.K.Chandrasekar, the petition challenged the action of the Executive Officer and the direction of the Judicial Officer, the devotees, and villagers have moved to the Madras High Court.

Special Government Pleader Mr. T. Chandrasekaran argued that the idol could not be produced before the Kumbakonam Court today due to the stiff resistance from the devotees and village. He argued that before removing the idol, the ritual of Balaalayam was to be performed, but no one came forward to do the same and cooperate with the Executive Officer.

Findings

The High Court observed that the Moolavar idol is different from a Urchavar, which can be taken out for procession by following the Aagama Rules. However, Moolavar, once installed, cannot be removed instantly, even in pursuance of orders of a Court.

In an attempt to balance the compliance of the order with the Agama rules and sentiments of the devotees and villagers, the Court observed that if the Magistrate wants to verify the condition of the idol, he can appoint an Advocate Commissioner. The appointed Advocate Commissioner, the Executive Officer, and temple authorities can prepare a detailed report and submit it to the Court.

The High Court held that the idol could not be removed, as it is being regarded as God by the devotees, and the Court cannot summon God for inspection or verification purposes.

The matter is posted after four weeks.

Case Title: Writ Petition No. 130/22

Citation: 2022 LiveLaw (Mad) 9

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