US-based antique dealer Subhash Chandra Kapoor, arrested in 2012 for theft of idols from two ancient temples in Tamil Nadu, today moved Madras High Court seeking to quash transfer of trial against him from a lower court in Ariyalur district to Kumbakonam.
Justice R Subbiah directed issue of notice on the matter to the Centre and to additional government pleader P Sanjai Gandhi to take note of the matter.
In his petition, Kapoor assailed the May 27 order of the government and said the case was being sought to be transferred from Jayamkondam court to Kumbakonam on the basis of a letter from the DGP.
While cases are pending in Cuddalore and Ariyalur districts, the DGP favoured executive orders transferring the case to Kumbakonam, he submitted, adding authorities cannot confer territorial jurisdiction for a particular case when it is already pending before an appropriate forum.
"If they are transferred to Kumakonam now, production of witnesses and commencement of trial would be delayed," he submitted.
Referring to an August 2013 order of the high court, he submitted that the government order transferring the case out of Jayamkondam court was against the high court ruling.
"Transferring the case from a lower judicial forum to a higher forum by a government order shows clear non-applicationof mind," he contended, adding that Section 185 of CrPC did not empower government to pass such orders.
In his petition, Kapoor, now lodged at the Central Prison at Puzhal here, said he was founder of Art of the Past Gallery in New York City, in 1974. It attracted collectors, museum curators and Asian art enthusiasts, he claimed.
Kapoor, arraigned as accused No 12 by the Idol wing of CBCID, was arrested on July 14, 2012 after being extradited from Germany following his detention there on a Interpol red corner notice against him.
Kapoor, who also owns Nimubs Imports and Exports company based in New York, was charged with smuggling antique idols belonging to Varadaraja Perumal Temple at Suthamalli village and Arulmigu Vragadeeswarar Temple at Stipurndan village Ariyalur district.
