Tamil Nadu govt challenges CBI probe ordered by SC into Karur stampede: ‘No reason to doubt impartiality of police’

The apex court, while handing over the investigation to the Central Bureau of Investigation (CBI), had noted its “political undertone” and referred to the submission that comments made before the media by top officers of the state Police Department absolving itself of any culpability in the mishap may create doubt in the minds of the citizenry on impartiality and fair investigation.

‘Interim order sets dangerous precedent’

Defending the press conference by police officers, the Tamil Nadu government said the political undertone of the case cannot be a reason for the transfer of investigation. It said, “In a federal polity where different political parties govern at the Union and the State, allegations of political motive or rivalry are commonplace. Accepting such allegations as sufficient basis for CBI intervention would open the floodgates for political misuse of central investigative agencies, thereby undermining State autonomy and the constitutional balance of power.”

“The interim order, therefore, sets a dangerous precedent whereby every politically sensitive case may be sought to be removed from State jurisdiction, contrary to the federal structure and judicial self-restraint emphasised” by a Constitution bench of the court, it added.

Regarding the comments on what the senior police officers said, the state government pointed out that none of the petitioners had filed the said speech, nor has it been proved how it affects fair investigation. The state said that there was a duty cast on police officers in a matter of such magnitude about what it was doing, especially when social media was setting up narratives, propagating false and misleading statements and jeopardising the investigation.”

Police officers are permitted to address the media about the investigation under service rules and this cannot be treated as a ground for transfer of the investigation from the state police to the CBI, it added.

“There is no prima facie evidence that the investigation conducted by the State Police was tainted, biased, or actuated by mala fides. The investigation was at a nascent stage, and the Division Bench of the Hon’ble Madras High Court had already examined the matter and found no reason to doubt the impartiality of the State Police. In the absence of any such material, the interim transfer of investigation to the CBI is in the teeth of the binding precedent” set by the Supreme Court, the state said.

The Tamil Nadu government further said that the top court had allowed the CBI probe even though no prayer for such interim relief had been sought.

On selecting ‘non-native’ IPS officers

It said the direction in the Supreme Court order permitting the Supervisory Committee “to select two ‘non-native’ IPS officers from the Tamil Nadu cadre is ex facie unconstitutional. Article 15(1) of the Constitution prohibits discrimination on grounds of place of birth, race, or language. The said direction proceeds on an impermissible presumption that officers of Tamil Nadu origin are inherently less impartial, which is an affront to the integrity of the All-India Services established under Article 312”, it stated, and urged the court to delete the words from the October 13 order.

The state also raised questions about the impartiality of the Supervisory Committee saying that one of the IPS officers in it, “while serving as Commissioner of Police (Coimbatore District) was transferred by the Election Commission of India…to a non-election post during the 2021 Tamil Nadu Legislative Assembly elections, pursuant to inputs indicating a perception of bias in favour of the AIADMK Party.”

It added, “This past record and bias attached towards one political party raises legitimate apprehension regarding the impartiality and neutrality of the said officer in the present investigation.”

‘Vacate direction suspending Aruna Jagadeesan Commission’
The TN government also urged the court to vacate the direction suspending the Justice Aruna Jagadeesan one-member Commission appointed by it so that it can proceed with the terms of reference.

“The Commission’s mandate is purely fact-finding and administrative in nature, distinct from any criminal investigation…Its purpose is to examine the adequacy of crowd control, coordination among departments, adherence to safety protocols and recommendations for policy reform. Both exercises operate in distinct spheres of public law and serve different constitutional objectives – one enforcing penal accountability, and the other promoting administrative efficiency, transparency and institutional learning. It neither interferes with nor overlaps the jurisdiction of investigative agencies…,” the government said.

“The report of one-member Commission will certainly help the Government in dealing with crowd control, management and granting permissions to these types of roadside meetings and to help in framing the Standard Operating Procedure for future meetings,” it added.

On the stampede, the state said, “During the evening hours, the crowd increased significantly” as Tamizhaga Vettri Kazhagam (TVK) leader and actor Joseph Vijay approached the venue. “The crowd did not heed to the instructions of the police, making the situation difficult to control…it is false to state that the incident has happened due to the foreseeable consequence of administrative negligence.”