Kochi, February 13 The Kerala High Court on Friday dismissed a petition filed by the CEO of Chennai-based Smart Creations, challenging his arrest in a case involving the alleged misappropriation of gold from the Lord Ayyappa shrine. The petition claimed that the idols of Dwarapalaka (guardian deities) at Sabarimala had been taken for gold plating.
Justice A Badharudeen rejected the plea of Smart Creations CEO Pankaj Bhandari, who had claimed that his arrest was illegal because the mandatory requirements, including informing him of the arrest and explaining the reasons for it, had not been followed.
The prosecution opposed the plea, arguing that all mandatory requirements had been complied with and Bhandari's claims were unfounded.
Rejecting Bhandari's arguments, the High Court stated that the only anomaly in the actions of the arresting officer was his failure to bring Bhandari before the special vigilance court in Kollam in a timely manner.
The High Court said that the delay in bringing Bhandari before the special court was due to the time taken for a medical examination and for travelling 71 kms from Thiruvananthapuram to Kollam.
"I do not think that this delay, in itself, is a reason to declare the arrest illegal. Therefore, for this reason as well, the prayer in the petition to declare the arrest illegal cannot be granted."
"Thus, in this case, the non-compliance argued by the senior counsel for the petitioner (Bhandari) is not sufficient to declare the arrest illegal, and consequently, this petition will be dismissed," Justice Badharudeen said.
The Special Investigation Team (SIT) investigating the alleged misappropriation of gold from the Dwarapalaka idols and the door frames of the Sreekovil (sanctum sanctorum) has claimed that Bhandari and Govardhan Roddam, a jeweller based in Ballari, played a central role in a conspiracy to steal gold from artefacts of the Sabarimala temple.
The SIT had alleged that Bhandari and Roddam, along with first accused Unnikrishnan Potty, had planned the theft of gold that was entrusted to them for electroplating work.
