In Brief
The Tamil Nadu government transferred idol theft cases from a court-monitored Special Investigation Team to the CBI via an urgent order dated 01.08.2018. The High Court quashed this transfer and directed the retiring officer, A.G. Ponn Manickavel, to continue heading the idol investigation despite his superannuation. The Supreme Court held that the High Court's order to transfer cases to CBI was hasty and unjustified, as the CBI itself expressed inability to handle the large caseload. The Court affirmed that High Courts can direct retired officers to perform specific investigations in exceptional circumstances under Article 226. However, it deleted one directive regarding separate financial divisions and modified others on honorariums and reporting requirements, partly allowing the appeal."
The lawyer headnote and full judgment text are available to registered users.