Kochi | The Kerala High Court on Tuesday stayed the observations made by a vigilance court regarding the allegations and SIT probe against tantri (chief priest) Kandararu Rajeevaru in the Sabarimala gold loss cases.
Justice A Badharudeen's order came on the appeal by the Special Investigation Team (SIT) seeking cancellation of the bail granted to the tantri and the quashing of the vigilance court's observations while granting the relief to Rajeevaru.
The High Court also issued notice to the Tantri seeking his stand on the SIT's appeal.
The order was confirmed by Director General of Prosecution T A Shaji.
The SIT, in its appeal, filed through additional public prosecutor P Narayanan, has claimed that the relief granted to Rajeevaru has resulted in a "grave miscarriage of justice".
The Court of Enquiry Commissioner and Special Judge (Vigilance), Kollam, had on February 18 granted bail to the Tantri, observing that there was not even "an iota of evidence" against him in the cases related to the alleged loss of gold from temple artefacts.
The SIT is probing the alleged misappropriation of gold from the Dwarapalaka (guardian deity) idols and the door frames of the Sreekovil (sanctum sanctorum) of the temple.
Rajeevaru is the 16th accused in the Dwarapalaka case, and the 13th accused in the Sreekovil case, and the vigilance court had granted him bail in both cases.
The SIT has challenged the bail granted to the tantri in the Dwarapalaka case.
The SIT has claimed that the "unwarranted and unnecessary observations" by the special court will interfere with the ongoing investigation as well.
In its plea, the SIT has further claimed that the opinion submitted by the Tantri formed the basis for the decision of the Travancore Devaswom Board (TDB) to hand over the artefacts to Potty.
The vigilance court had observed that the case of the SIT regarding criminal conspiracy fails on account of the admitted fact that the petitioner did not sign the crucial mahazar dated July 20, 2019.
It had also said that the mere signing of the first mahazar dated July 19, 2019, by itself, in the absence of any other incriminating circumstances, is not a ground to implicate the petitioner at this stage, especially since the mahazar was prepared pursuant to a formal decision of the Board.
The SIT, in its plea, has claimed that Rajeevaru "purposefully abstained" from signing the subsequent mahazar dated July 20, 2019, though he was present at the Sannidhanam, "thereby attempting to avoid direct traceability while still facilitating the illegal entrustment and transportation of the sacred artefacts outside the temple premises".
It has also contended that the Tantri was physically present at the Sannidhanam on July 19, 2019 when the first mahazar was prepared and that he signed the document in which the gold-cladded artefacts were falsely described as mere copper plates, allowing them to be taken out of the temple premises.
