'God cannot be summoned by the Court': Madras HC pulls up a lower court

The Madras High Court has pulled up a lower court for summoning the 'Moolavar' (presiding deity) idol at the Paramasivan Swamy temple in Siviripalayam for verification.

Chennai: The Madras High Court has pulled up a lower court for ordering the authorities of a temple in Tirupur district to produce the 'Moolavar' (presiding deity) idol for verification. The idol in concern, which belongs to the Paramasivan Swamy temple in Siviripalayam in Tirupur district, had been reportedly stolen, traced down and re-installed at the shrine after following the rituals and 'Agama' rules.

Justice R Suresh Kumar passed these interim orders on a writ petition that challenged the previous orders passed by the Judicial Officer - who is dealing with the Idol theft cases at Kumbakonam. The order issued a direction to produce the idol i.e., the 'Moolavar' itself for inspection and to complete the inquiry before the court, on January 6.

When an attempt was made by the temple executive officer to remove the idol for production before the Court at Kumbakonam, the devotees, including the petitioner, strongly objected to it. Hence, the writ petition was filed.

Passing the orders over the matter on Thursday, the High Court Judge said the idol need not be removed and produced before the Court concerned, the reason being that, it, according to the belief of the devotees, is God.

He further said that the lower court judge could have deputed an advocate-commissioner to inspect/verify the veracity of the idol and recorded his findings/report instead of the followed process. The judge, therefore, pulled up the lower court in Kumbakonam to produce the said idol for summoning.

"The God cannot be summoned by the Court to be produced for mere inspection or verification purposes, as if it is a material object of a criminal case. The judicial officer could have deputed an advocate-commissioner to inspect the idol without affecting its divinity or wounding the feelings of a large number of devotees," the judge said and posted the matter after four weeks for filing counter.

The judge also declared that this order shall be executed by all concerned including the Magistrate (in Kumbakonam), to whom a copy of this order shall be forwarded by the Registry.