Sabarimala gold theft case: SIT likely to challenge bail granted to Tantri Kandararu Rajeevaru

The Special Investigation Team (SIT) probing the Sabarimala gold theft case is reportedly poised to challenge the Kollam Vigilance court’s decision granting bail to the chief priest (Tantri), Kandararu Rajeevaru, an accused in the politically tempestuous case.

Officials said the SIT had earlier sought a legal opinion on overriding certain damning observations made by the court while granting bail to the Tantri. In its 93-page order, the court had noted that the SIT had “submitted nothing on record or an iota of evidence to establish any positive involvement of the petitioner (Tantri) in the alleged irregularities”.

Moreover, the court noted that the Tantri had no role in “the repairs, maintenance and upkeep” of temple property, which was the sole responsibility of the Travancore Devaswom Board (TDB).

Officials said the SIT had reportedly received the legal opinion that several Supreme Court justices had ruled that courts should not examine the merits of the case, including the credibility of the evidence submitted on record, while hearing bail pleas, lest such a move prejudice the case. 

They said various judgments have underscored that bail orders should not dwell on the suspects’ culpability or innocence and, ideally, be succinct and avoid overhasty deliberations on evidence, especially when the investigation was progressing or at a nascent stage. 

The court’s observation sparked controversy, with the Congress terming Tantri’s arrest “wrongful and politically motivated”. The Opposition accused the Chief Minister’s Office (CMO) of scapegoating the Tantri to insulate former and present Devaswom Ministers, as well as TDB presidents, from prosecution. Various Hindu social organisations had joined the Bharatiya Janata Party (BJP) in condemning the Tantri’s arrest. 

Chennithala slams govt

Senior Congress leader Ramesh Chennithala told reporters on Monday that the government had “opened the door for the accused in the case to get bail” by restraining the SIT from filing chargesheets. He alleged that the government denied the SIT prosecution sanction.

He said the excuse that the SIT did not receive chemical examination reports in time to file the chargesheet within 90 days was suspicious. Mr Chennithala said the police had taken a different tack in the actor rape case. 

“Investigators filed a partial chargesheet in the actor rape case to deny the suspects from getting statutory bail after 90 days. The legal precedent begs the question of what prevented the SIT from adopting a similar approach in the Sabarimala gold theft case. This is clearly a case of political intervention in a high-profile probe to save ruling front figures”, he said.