NEW DELHI: The Supreme Court on Wednesday declined to interfere with a Madras High Court order keeping in abeyance the registration of cases in connection with the removal of a Shiva idol from the Azhagiya Nambirayar Temple at Thirukkurungudi.

Dismissing a Special Leave Petition filed by the Divya Desa Paarambariya Paadhukappu Peravai, a Bench of Justice H.K. Sema and Justice D.K. Jain observed that there did not appear to be any mens rea (guilty mind) or criminality in the shifting of the idol as it was a religious decision taken on the basis of an expert opinion.

The Bench further said the validity of a Tamil Nadu Government Order ratifying the action of the Jeer in shifting the idol was pending adjudication before the High Court and, therefore, there was no necessity to interfere with the proceedings now.

Senior counsel K.K. Venugopal and Mukul Rohatgi appeared on behalf of the respondents.

The petitioner, Krishnamachari of the Peravai, moved the High Court seeking criminal prosecution of the Jeers of the Thirukkurungudi and Vanamamalai Mutts, Venu Srinivasan, Kanchi Sankaracharya and Unnikrishna Panikkar for having "conspired to shift the idol from its original position."

In October 2005, a Division Bench of the High Court set aside a single judge order directing registration of cases against the respondents. It also restrained the local police from proceeding further on the complaint lodged in connection with the case.

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