New Delhi: The Supreme Court on Tuesday rejected an appeal filed by the Tamil Nadu government against the Madras High Court judgement ordering a CBI probe into the illicit liquor deaths in the Kallakurichi district.
The matter came up before a bench comprising justices J B Pardiwala and R Mahadevan. The state government had contended before the apex court that the high court had erroneously without considering the proactive action and steps taken by the state, transferred the investigation to the CBI on a mere suspicion and without any proof that the police officials are involved in the sale of illicit liquor which is teeth of the law settled by the top court in plethora of judgments.
“It is pertinent to point out that none of the petitioners has made out a case by naming the police officials or politician or any other government official with whom the prime accused is alleged to have unholy nexus and that based on such mere statement and without anything more, the High Court ought not to have transferred the case to the file of the CBI”, said the state government’s plea.
Today, the apex court, while dismissing the state government’s plea, stated that the CBI is the appropriate agency to handle the investigation due to its inter-state implications, involving Tamil Nadu, Puducherry, and other regions.
The bench observed that it sees no issue if CBI were to investigate the matter.
The apex court, in its order, said: “Having heard the Advocate General appearing for the petitioners and having gone through the materials on record, we see no good reason to interfere with the very well-reasoned judgment of the High Court. The Special Leave Petitions are, accordingly, dismissed. Pending applications, if any, also stand disposed of”.
On November 20, the Madras High Court had ordered a CBI probe into the Kallakurichi hooch tragedy that claimed 68 lives in June and July this year.
The state government, in its plea in the apex court, had submitted that the high court had failed to appreciate that the cryptic petition filed by the petitioner, as it does not bear/contain any material on record or valid reasons or grounds, to prove that the investigation conducted by the state is not fair, honest, unbiased or that the investigation lacks any credibility against public confidence.
“The High Court failed to consider that transfer of investigation can be only in done rare and exceptional circumstances such as where high officials of State authorities are involved, or the accusation itself is against the top officials of the investigating agency thereby allowing them to influence the investigation, and further that it is so necessary to do justice and to instill confidence in the investigation or where the investigation is prima facie found to be tainted/biased”, said the state government.
