Kerala High Court Dismisses Petition Challenging Arrest in Sabarimala Gold Heist Case
The Kerala High Court has dismissed a petition filed by Pankaj Bhandari, the CEO of Smart Creations based in Chennai, who is an accused in the high-profile Sabarimala gold heist case. Bhandari had challenged his arrest, alleging violations of his fundamental rights and contravention of Supreme Court guidelines.
Court's Ruling and Background of the Case
Justice A. Badharudeen dismissed the petition, observing that there were no sufficient grounds to declare Bhandari's arrest illegal. Bhandari was arrested on December 19 in connection with the alleged theft of gold from the Sabarimala temple. The prosecution claims that gold plating work on the gold-clad copper coverings of the dwarapalaka idols, door frames of the sreekovil, and other structures was carried out at his firm, Smart Creations.
According to the prosecution, Bhandari stripped the gold coating from the plates and misappropriated it along with other accused persons, thereby causing significant pecuniary loss to the Travancore Devaswom Board (TDB). This case has drawn widespread attention due to its religious and financial implications.
Grounds of the Challenge and Court's Observations
Bhandari challenged his arrest on several grounds, including:
- Alleging that the arrest was not duly communicated to his friends, relatives, or other concerned persons.
- Claiming that the notice issued after his arrest did not disclose the grounds of arrest.
- Asserting that he was denied legal assistance to challenge the alleged illegal arrest before being produced before the special judge at Kollam.
- Contending that during the remand hearing, he was not provided with a copy of the remand report, and when furnished a day later, it was in Malayalam, a language he does not understand.
However, the High Court noted that the arrest was duly informed to S. Rajasekharan, who had accompanied Bhandari to the vigilance office on the date of arrest. The court further observed that the notices issued to him contained specific allegations in both cases, enabling him to understand the charges and prepare his defense.
Since the grounds of arrest had already been communicated to him in English, a language known to him, the High Court held that supplying the remand report again for the same purpose was not necessary. The court also noted that Bhandari's arrest had been duly informed to his counsel by the arresting officer.
Delay in Production and Final Decision
Although the accused was produced before the court two hours later than the time communicated to his advocate, the delay was attributed to the time taken for medical examination and travel from Thiruvananthapuram to Kollam, a distance of approximately 71 kilometers. The High Court concluded that this delay alone was not sufficient to declare the arrest illegal.
Accordingly, the petition was dismissed, upholding the legality of the arrest procedures in this sensitive case. This ruling reinforces the judicial scrutiny applied in cases involving alleged financial crimes with religious undertones, ensuring that due process is followed while addressing the accused's concerns.
