New Delhi: The Supreme Court on Monday questioned Andhra Pradesh Chief Minister N Chandrababu Naidu's claim that animal fat was used in making Tirupati laddus and sought proof of it, and made it clear that religion and politics cannot be mixed, saying that at least the Gods should be kept out of politics.
A bench comprising Justices B R Gavai and K V Viswanathan noted that the Andhra Pradesh Chief Minister made the claim on September 18, even though the FIR in the matter was lodged on September 25 and a special investigation team (SIT) was constituted on September 26. The bench emphasised that it was not appropriate on the part of a higher constitutional functionary to go in public and make a statement which can affect the sentiments of crores of people.
The top court said it will consider shifting the probe into claims of the usage of ghee adulterated with animal fat in the preparation of laddus at the Tirupati Tirumala Temple from the state to an independent agency. The bench asked the Solicitor General Tushar Mehta to examine the issue and come back to the court with instructions on October 3.
The apex court was hearing a batch of pleas, including those seeking a court-monitored probe into the alleged use of animal fat in making Tirupati laddus. Petitions were filed by BJP leader Subramanian Swamy, historian Dr Vikram Sampath and another person, and Sudarshan TV channel Editor Suresh Chavhanke.
The apex court minced no words in criticising the CM for making a statement on September 18 about the use of contaminated ghee in preparation of Tirupati Laddoos, even prior to the registration of FIR and ordering an SIT probe into the matter. Mehta said this is a matter of faith and if the contaminated ghee was used it was unacceptable. Mehta stressed that it was to be examined who was responsible.
Naidu has claimed that animal fat was used in preparing Tirupati laddus during the previous YS Jaganmohan Reddy-led government. The YSR Congress Party has accused Naidu of indulging in "heinous allegations" for political gain.
During the hearing today, the bench queried the Andhra Pradesh government counsel that there are some disclaimers in the lab report and pointed out that it is not clear, and it is prima facie indicating that it was rejected ghee, which was subjected to test. "If you yourself have ordered an investigation, what was the need to go to the press," said Justice Viswanathan.
The bench stressed that the report prima facie indicates that this is not the material which was used in the preparation of the ladoos. Justice Gavai asked, "What was the necessity to go to the press?........When you hold a constitutional office...we expect the Gods to be kept away from the politics".
Justice Viswanathan said on September 18, you went to public, and added, "Unless you are sure, how did you go public?" The bench further queried, "There was no concrete proof that the contaminated ghee was used in preparation of Laddoos. There were five suppliers, the supply from only one supplier was found to have been contaminated."
Senior advocates Mukul Rohatgi and Sidharth Luthra, appearing for the Andhra Pradesh government and Tirumala Tirupati Devasthanams Board respectively tried to defend the statement of CM Naidu. The counsel submitted before the bench that since the supply was apparently found not to be conforming to standards it was sent to the National Dairy Development Board lab in Anand for testing. The counsel added that the testing resulted in the report showing contamination.
The bench asked, "What was the justification in going to the press on September 18”, and added, "After having ordered an SIT no public statement should be made".
Luthra said a statement was made that there was contamination and there was a problem of contamination, and "the contamination is clear on the face of it and the question is the nature of contamination". Justice Viswanathan said, "Prima facie, there is nothing to show that ghee which was subject matter of the testing were used, no concrete proof to show at this stage, that it was used in the process of making (ladoos)…".
The bench queried, "Does the prudence not dictate you to take a second opinion in the matter…if there were complaints that contaminated ghee was supplied then you should have taken samples from everybody, every truck. To maintain the purity of prasad there every tanker should be subjected to….".
Luthra said samples were taken from everyone and added that this sample was found to be contaminated and it was tested. "Question is what is there to show that it was used, as we stand today nothing to show it was used. Ghee which are used are mixed, then how would you….these routine procedures adopted to justify rejection and to stop payment," said the bench.
Luthra and Rohatgi accused Swamy of espousing the cause of former TTD's chairman Y V Subba Reddy. Swamy's counsel submitted that he was concerned with the basis of which a categorical statement is made by CM. The counsel said the statement diluted the respect to the Deity and affected sentiments of devotees across the world. The apex court has scheduled the matter for further hearing on October 3.
Reddy has separately filed a plea seeking an interim relief in the form of a detailed forensic report on the source and quality of the ghee and a temporary gag order on publicising the issue to protect devotees' sentiments.
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