VidhiSangh

Supreme Court of India · 12/04/2019

THE STATE OF TAMIL NADU & ORS. versus ELEPHANT G. RAJENDRAN & ORS. ETC.

[2019] 5 S.C.R. 771 · 2019 INSC 523

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld quashing of Tamil Nadu’s hurried transfer of idol-theft investigations to the CBI and sustained a retired officer’s exceptional court-directed investigatory role. It modified the arrangement to preserve the serving Additional Director General’s leadership, require progress reporting to him, substitute honorarium for the full-pay direction and delete a separate finance-division requirement. Such use of retired officers was cautioned to be a last resort, and statutory reports remained for officers authorised under the Criminal Procedure Code.

Issues

  1. Whether the wholesale transfer of idol-theft cases to the CBI was justified.
  2. Whether Article 226 permitted an exceptional assignment to a retired police officer.
  3. Which operational, reporting and financial directions required modification.
  4. Whether the unchallenged appointment of the serving Additional Director General could be treated as redundant.

Held

Result

Appeals partly allowed, parties to bear their own costs. Quashing of the CBI-transfer order and the Special Officer assignment sustained. Full-pay and reporting directions modified; separate finance-division direction deleted. Serving Additional Director General’s appointment and leadership preserved, subject to the stated safeguards.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 771.