SC says Karur stampede shook national conscience, orders CBI probe

New Delhi, Oct 13 (PTI) The Supreme Court on Monday ordered a CBI probe into the Karur stampede in which 41 people were killed, saying that the incident has shaken the national conscience and deserves a fair and impartial investigation.

In its order on a plea by actor-politician Vijay's Tamilaga Vettri Kazhagam (TVK) for an independent probe, the top court also set up a three-member supervisory committee headed by former apex court judge Ajay Rastogi to monitor the CBI investigation.

Suspending the directions for the appointment of SIT and a one-man enquiry commission, the apex court asked Tamil Nadu to extend full cooperation to the officers of the central agency. It also criticised Justice N Senthilkumar of the Madras High Court for entertaining petitions on incident, ordering an SIT probe and making observations against TVK and it members without making them a party to the case. A bench, comprising Justices J K Maheshwari and N V Anjaria, said that the Karur stampede, which occurred during a TVK rally on September 27, has left an imprint in the minds of the citizens throughout the country.

It said the incident has wide ramifications with respect to the life of the citizens, and enforcing the fundamental rights of the families who lost their kith and kin is of utmost importance.

The apex court noted the political undertone of the case and that "'without having regard to the gravity of the incident", comments have been made before the media by the top officers of the police department, which may create doubt in the minds of the citizenry on impartiality and fair investigation.

"The faith and trust of the general public in the process of investigation must be restored in the criminal justice system, and one way to instil such trust is by ensuring that the investigation in the present case is completely impartial, independent and unbiased.

"Looking to the fact that the issue involved certainly has a bearing on the fundamental rights of the citizens, the incident, which has shaken the national conscience, deserves fair and impartial investigation. There cannot be any doubt that fair investigation is the right of a citizen," the bench said.

The apex court directed the Director of CBI to appoint a senior officer to take over the investigation and appoint some other officers for the assistance of the officer.

"The Superintendent of Police and SHO of the Karur Town police station as well as the SIT set up pursuant to the order of the learned Single Judge and the Enquiry Commission set-up by the Chief Minister, shall immediately hand over the FIR and other relevant papers, evidence - digital or otherwise collected till now for further investigation to the officers of the CBI," the bench said.

The court said the direction for the appointment of SIT or a one-man enquiry commission shall remain suspended.

"State of Tamil Nadu is directed to extend full co-operation to the officers of the CBI in the investigation as directed and if necessary, shall provide requisite logistical support to them," it said.

The apex court also directed retired Justice Rastogi to choose two senior IPS officers who are not natives of Tamil Nadu.

"The Committee shall have the liberty to review the evidence collected by the CBI from time to time and supervise the investigation to ensure that it reaches its logical conclusion.

"The Committee may undertake an inquiry into any matter ancillary/incidental to the Karur stampede which might be necessary to ensure fair, transparent and independent investigation into the matter as it deems fit," the bench said.

Considering the ramifications of the incident and its gravity, the top court requested the chairman of the committee to immediately organise its first meeting after the CBI takes over the investigation.

"The officers of the CBI are directed to submit a monthly progress report of the investigation to the Committee, which may be placed for consideration before this Court as and when required.

"We further request that the investigation be completed as expeditiously as possible within the statutory time frame," the bench said.

The top court also criticised Justice N Senthilkumar of the Madras High Court for entertaining petitions on the September 27 stampede at actor Vijay's rally and ordering an SIT probe.

"There was no occasion for the single judge of the main seat to entertain the petitions without orders of the chief justice when petitions seeking a probe into the incident were pending before the Madurai bench," the bench said.

Noting that Vijay's Tamilaga Vettri Kazhagam (TVK) and its members were not made a party, the top court said observations were made against them without affording them any opportunity of hearing.

"The judgment is completely silent about how the single judge arrived at such a conclusion, what material was perused by the court. The said order merely refers to the submissions made by the additional advocate general," the bench said.

The top court on October 10 reserved its order on a plea filed by Vijay's political party and others.

The TVK has sought an independent investigation under the supervision of the Supreme Court, contending that a fair and impartial probe would not be possible if conducted solely by officers of the Tamil Nadu Police.

The plea also took exception to the scathing remarks of the high court against the party and the actor-politician, that they abandoned the place after the incident and did not express any remorse. PTI PKS RT RT