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Supreme Court of India 2019-04-12 partly_allowed

THE STATE OF TAMIL NADU vs ELEPHANT G. RAJENDRAN

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

Tamil Nadu's government transferred idol theft investigation cases from a functioning Special Investigation Team to the Central Bureau of Investigation via a hastily-issued order on 01.08.2018. The High Court quashed this order and directed a retired police officer (A.G. Ponn Manickavel) to head the team after superannuation. The Supreme Court upheld the High Court's judgment as sustainable, holding that High Courts have broad jurisdiction under Article 226 to appoint retired officers in exceptional circumstances where systemic investigation failures threaten the rule of law, provided such powers are exercised with caution and only after exhausting alternatives. However, the Court modified certain directions regarding pay, reporting procedures, and financial arrangements to respect statutory frameworks, and affirmed the superior ranking of a separately appointed Additional Director General officer.

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