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The Supreme Court, in an interim order on Monday, directed a Central Bureau of Investigation (CBI) probe into the September 27 stampede at actor Vijay’s rally in Tamil Nadu’s Karur, which killed 41 people.
A bench of Justices J K Maheswari and N V Anjaria also set up a three-member supervisory committee headed by its retired judge, Justice Ajay Rastogi, to monitor the probe.
The issue “has a bearing on the fundamental rights of citizens and the incident has shaken national conscience”, the court said, adding that it “requires fair and impartial investigation”.
“There cannot be any doubt that fair investigation is the right of the citizen,” the Supreme Court said. “In the facts of the case and prayer as made, in order to allay the concerns of all parties in the pursuit of independence and the impartiality of the investigation, we propose to set up a three-member supervisory committee,” it added.
Justice Rastogi, who will head the committee, will choose two senior IPS officers, not below the Inspector General of Police rank, who may be of Tamil Nadu cadre but not a native of the state, the Supreme Court directed.
On the scope and mandate of the committee, the Supreme Court said that it “shall monitor the investigation transferred to the CBI and is at liberty to issue proper direction for the areas in which the investigation is required to be carried out”.
The committee will have the liberty to review the evidence collected by the CBI from time to time and supervise the investigation to ensure it that reaches a logical conclusion, the Supreme Court added.
It may “undertake an inquiry into any matter ancillary or incidental to the Karur stampede, which might be necessary to ensure fair, transparent and independent investigation into the matter as it deems fit”, the court added.
Considering the ramifications of the incident, the Supreme Court requested the chairman of the committee “to immediately organise his first meeting after taking over of the charge of the investigation”.
It also asked the CBI officers 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”.
The Supreme Court also said that the investigation may be completed as expeditiously as possible, within the statutory timeframe.
The order came on petitions by Vijay’s party, Tamilaga Vettri Kazhagam (TVK), challenging the order of the Madras High Court single judge directing a Special Investigation Team (SIT) probe into the stampede, as well as an order by the division bench of the Madurai bench of the Madras High Court that rejected a CBI probe into the matter.
The apex court also expressed serious displeasure at the single bench making observations on the TVK without even making it a party. It said that given that Karur fell in the jurisdiction of the Madurai bench, there was no occasion for the single judge to take cognisance of the matter without the directions of the Chief Justice when it was already pending before the Madurai bench.
Reserving orders in the matter on October 10, the court had questioned the M K Stalin government in Tamil Nadu on how the post-mortem of 41 bodies had been completed in just 4-5 hours.
Opposing prayer for a CBI probe, the Tamil Nadu government had told the Supreme Court that the state had acted with alacrity in the matter. The government’s counsel said that no one has suggested that CBI is a better option and added that the officer chosen by the high court to head the SIT has won accolades in several matters in which the high court appointed him as a special officer.
