Madras HC: Deity is God for devotees, cannot be produced in Court

Madras Hc Law Insider

Munmun Kaur

Published On: January 07, 2022 at 12:21 IST

The Madras High Court, on January 06 observed that an Idol, according to the beliefs of the devotees is God. Therefore, God cannot be summoned by any Court to be produced for mere inspection like that of a material object which is an evidence in a Criminal case.

The Court was hearing a case to move the main deity of the Paramasivan Swamy Temple at Siviyarpalayam in Kangeyam taluk of Tiruppur district for being produced in Court.

C.K. Chandrasekar, representing a group of local residents who had filed a writ Petition stated that, the Court that the idol was stolen a few years ago. When recovered by the Police, it was reinstalled in the sanctum sanctorum of the Temple as per the Agama principles.

However, the Special Court which was dealing with the idol theft cases ordered the production of the deity for inspection. The Executive Officer had obliged for the same. Although, the local residents raised objections which were heard by none. Hence, the writ petition was filed.

Justice R. Suresh Kumar, hearing the matter observed that since the deity was a processional deity, the Executive Officer would have been justified in complying with the Special Judge’s order after following the rules laid down in the Agamas.

However, since the deity was installed after performing pujas pursuant to Samprokshanam or Kumbabishekam, it cannot be removed instantly even of course pursuant to the order passed by the Court concerned.

Justice R. Suresh Kumar, further suggested that the Special Court can appoint an Advocate Commissioner to examine the idol in presence of the Executive Officer and few of the devotees.

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