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SC says “something is wrong” in Madras HC handling of Karur stampede case
New Delhi: The Supreme Court on Thursday sharpened its scrutiny of the Madras High Court's role in the aftermath of the Karur stampede, observing that “something is wrong” in the manner the high court dealt with proceedings related to the tragedy that claimed 41 lives during a political outreach event of actor-turned-politician Vijay's Tamilaga Vetri Kazhagam (TVK).
A bench of justices JK Maheshwari and Vijay Bishnoi made the remark after examining a report submitted by the registrar general of the Madras HC, which the apex court had sought in October while questioning how the case was handled by the HC's Chennai Bench despite Karur falling under the jurisdiction of the Madurai Bench.
The report was ordered to be circulated among the parties, with the bench calling for their responses.
Going through the registrar general's explanation, the bench commented: “Something wrong is going on in the high court. This is not a right thing that is happening in the high court…the registrar general has sent a report.”
The Supreme Court had previously raised several doubts, including why the Chennai Bench intervened in a matter arising from Karur; how it constituted a special investigation team (SIT) made up entirely of Tamil Nadu police officers in a petition that merely sought guidelines for political rallies; and why conflicting orders arose from the high court's two benches, with the Madurai Bench refusing to transfer the probe to the Central Bureau of Investigation (CBI) on the same day.
Senior advocate P Wilson, appearing for Tamil Nadu, told the court, “In our high court, whatever is incidental to the issue coming before the court, they pass an order…”. To this, Justice Maheshwari responded, “If some practice is wrong…”
The bench also turned down an oral request to modify a part of its October 13 order, which had directed that the CBI probe be supervised by a three-member committee headed by former Supreme Court judge Ajay Rastogi. The order requires justice Rastogi to pick two senior IPS officers from the Tamil Nadu cadre who are not natives of the state.
The court refused to reconsider the phrase “non-native,” which had triggered political outrage in Tamil Nadu and formed a key grievance in the state government's affidavit.
Wilson also mentioned the stay on the state-appointed Commission of Inquiry chaired by justice Aruna Jagadeesan, saying it would not interfere with the CBI probe and would only make future recommendations. The bench neither vacated the stay nor issued notice.
The Tamil Nadu government had last week filed an affidavit accusing the Supreme Court of violating principles of natural justice by transferring the investigation to the CBI before the state could file its counter.
Calling the October 13 order an instance of “adjudication without pleadings,” the state argued that it was denied a fair chance to place on record critical factual material, such as permissions, crowd-control plans, National Disaster Management Authority (NDMA) compliance and safety assessments. The state pointed out that the petition filed by TVK did not seek a CBI probe nor challenge the HC's SIT.
“Therefore, transfer of investigation from SIT to CBI deserves to be set aside as the petitioner has neither sought nor pleaded for such relief,” it said, adding that an accused person — in this case TVK general secretary Aadhav Arjuna — cannot select the agency investigating him.
Rebutting the Supreme Court's direction that the supervisory committee include two IPS officers “not native to Tamil Nadu,” the affidavit said the distinction is “ex facie unconstitutional” and violates Articles 14 and 15 by presuming officers born in the state are inherently biased.
The remark had also drawn protest inside the Tamil Nadu assembly on October 15, with chief minister MK Stalin assuring that the government would “seek appropriate orders” from the apex court.
The affidavit urged the Supreme Court to restore the high court-supervised SIT led by senior IPS officer Asra Garg and permit the justice Aruna Jagadeesan Commission to resume its work.
The apex court's October 13 direction for a CBI probe came while hearing petitions filed by TVK and others challenging the HC (Chennai Bench)'s October 3 order forming an SIT consisting exclusively of Tamil Nadu police officers and the Madurai Bench's refusal to transfer the case to the CBI.
The Supreme Court noted that the political context of the case and statements by senior state police officers to the media could cast doubts on the impartiality of the investigation.
Source: HindustanTimes
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