R.MAHADEVAN,J. - (1.)"A concerted effort to preserve our heritage is a vital link to our cultural, educational, aesthetic, inspirational and economic legacies - all of the things that quite literally make us who we are". (Steve Berry)
The above lines just flashed, while penning down this order. May be the subject in issue is nearer to these lines.

(2.)Both these writ petitions have been filed as 'pro bono publico' to quash the order passed by the Government of Tamil Nadu in G.O.Ms. No. 885, Home (SC) Department, dated 01.08.2018, by which the investigation of the cases related to theft of idols and art facets of various temples now investigated by the High Court appointed Special Team headed by the sixth respondent in W.P.No. 20392 of 2018 pursuant to the order passed by this Court dated 21.07.2017 in Crl.O.P.Nos. 8690 and 12060 of 2017, have been ordered to be investigated by the Central Bureau of Investigation. The Background:-
(3.)Earlier, Crl.O.P.Nos.8690 and 12060 of 2017 were filed before this Court. Crl.OP.No.8690 of 2017 was filed to transfer the investigation pending on the file of the Joint Commissioner, HR and CE Department, Mayiladuthurai, Nagapattinam District to the Additional Director General of Police, E.O.W.-Idol Wing CID Police, Guindy, Chennai-32. Crl.OP.No. 12060 of 2017 was filed to transfer the cases registered on 07.02.2017 by the Deputy Superintendent of Police one Mr.Ashok Natrajan in Crime No. 1 of 2017 from the file of the Idol Theft Wing CID Chennai to the Crime Branch CID for further investigation by a police officer not below the rank of Superintendent of Police with a further direction to lay charge sheet within a stipulated time frame. It was alleged that several ancient idols, jewels, silver articles etc. of the temples in Thanjavur District, worth several crores of rupees have been stolen and smuggled by certain persons, in which some officials of the HR and CE Department have also been involved. Since this is a serious and sensitive issue, this Court passed a detailed order on 21.07.2017 in those Criminal Original Petitions, ordering to create a special camp at Tiruchirappalli headed by Mr. A.G. Pon Manickavel, IPS, Inspector General of Police with other members of Idol Wing, who have been associated with him for the completion of the trial of the pending as well as under-investigation cases in the State and to provide necessary assistance to him. Further, the cases pending on the file of various Courts in the State of Tamil Nadu prosecuted by the Idol Wing were directed to be transferred to the file of the learned Additional Chief Judicial Magistrate, Kumbakonam for effective and speedy disposal of the cases. This Court further ordered departmental proceedings to be issued against the erring officials, followed by a series of directions to set right the issue. It was also specifically ordered that the team as ordered by the Court headed by the said Mr. A.G. Pon Manickavel shall continue to follow up those cases in addition to their present and future assignments, wherever they are posted. Thereafter, the idol cases were handled by the team headed by Mr. A.G. Pon Manickavel. The relevant portion of the order discussing the history of temples, the role of the state and the current state of affairs are extracted below:
"9. The State of Tamil Nadu is blessed to have the most ancient temples in the country. The culture and the history of the State goes back to several centuries, when many countries that exist in the world and to which the smuggled Idols are sent, were not even born. When other countries were looking for precious metals, the people of this land were wearing them as ornaments.

10. History would reveal that this land was invaded by many to exploit the natural resources and to break the culture, which made them dominate the world in all the fields. Many temples and deities were destroyed and the precious wealth's were robbed. Whenever and wherever possible, the main deities were shifted. One such example is the present Kabaleeshwarar Temple, Mylapore, which was shifted from the seashore premises.

11. In contemporary India, it is the fundamental right of every citizen of this Country to profess and practise any religion as guaranteed under Art. 25 of the Constitution of India. Idols depict their own history and the civilisation of the land. Idol worship has been a part of the culture of this land from time immemorial. It is a matter of belief. The form of Gods as experienced by the blessed, saints and the rulers were sculpted. The historical Tamil Nadu with most ancient temples in the country has also been subjected to cultural attacks like other parts of the country. For the past several years, a new form of attack is carried out by smuggling the ancient Idols. Foreigners and dis-believers see the Idols as antiques worth only in value, in terms of money, but the people of this country see them in the semblance of god, culture and identity.

12. The HR and CE department is the custodian of most of the temples and the properties including the idols belonging to them. It is their primary duty to protect the temples and safeguard the valuable idols/antiques, which, this Court with great anguish, expresses that the department has failed to do. It is startling to find that the HR and CE department with all its income from major temples, has not been able to maintain historical temples and safeguard the Idols, which in market, have antique value based on their age. Some temples in the State have also been recognised by the UNESCO as heritage sites. Many temples constructed at least 1500 years ago or much before the temples recognised by UNESCO, are in ruins. Even the daily rituals are not performed. Some temples remain closed throughout the day with no one to even lighten the lamps. Neither the Archaeology Department nor the HR and CE Department has shown interest to identify and protect them. This has also come to the advantage of the miscreants, who have laid their hands on the Idols.

13. One more important point to be noted is that the department has not computerised the stock, provide adequate ICON Centres with surveillance to keep safe custody of the valuable idols in the Centre and in the temples. This has led to the advantage of the culprits, who have aided in smuggling the Idols out of the country. As the theft of Panchaloka idols worth crores kept on increasing, the Idol Wing, CID was created vide G.O.Ms.No. 2098, Home (Police IV) Department, dated 07.10.1983. It is saddening to note that the Idols stolen from the State are smuggled out of the country. A wing, with a first of its kind, was created to investigate and recover the Idols, but, the steps taken by the HR and CE department to arrest the theft, are unsatisfactory. It is the duty of the State to protect the monuments including Idols and antiques of historical value.

14. Art. 49 of the Constitution of India reads as under:

"Protection of monuments and places and objects of national importance-It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be."

15. The Directive Principles of State Policy must be to protect the ancient Idols and thwart all attempts to damage and/or smuggle them. The smuggling of the Idols out of the country cannot take place if proper system is put into place to screen the objects. It also appears that the Idol wing is interacting with the respective departments of the Central Government only to recover the stolen Idols and antiques, but there seems to be no co-ordination between them to curb the crime. The Idols cannot be smuggled, unless there is a mis-declaration, which will warrant action by the DRI and Customs authorities against the Exporter, CHA, etc. This Court has not come across even a single case, where the persons involved in smuggling the Idols out of the country have been independently prosecuted under the Customs Act, 1962 and the Finance Act, 1994 as the act would be per se constitute an independent offence under these Acts. Therefore, this Court is suo-motto impleading the Secretary to the Revenue Department, North Block, New Delhi-110001 as 4th respondent in Crl.O.P.No. 12060/2017."