New Delhi: The Supreme Court on Monday refused to stay the CBI investigation ordered by the Madras High court into the suicide case of a 17-year-old girl in Thanjavur who was allegedly pressurized to convert to Christianity. "Really speaking in terms of what all has happened, it might not be appropriate for us to interject in the investigation of CBI," said the court.
The bench comprising of Justice L Nageswara Rao and Justice Sanjiv Khanna was hearing the special leave petition by Tamil Nadu's Director General of Police(DGP) challenging the Madras High Court's order that had transferred the case to the CBI from state police and had made some stringent observations against the police for not carrying out investigation properly. The court has also issued a notice in the matter.
"Issue notice returnable in 4 weeks. Counter affidavit 2 weeks and rejoinder if any within 2 weeks. In the meanwhile investigation in terms of impugned order will continue," ordered the court. The Supreme Court asked the Tamil Nadu government to hand over the papers to the CBI and issued notice to the girl's father in the matter. The father of the deceased has also filed a caveat requesting the apex court not to pass any order, without hearing him in the matter.
During the hearing, senior Advocate, Mukul Rohatgi, appearing for the DGP argued that the High Court interferes, passes day-to-day orders and it is not an exceptional case that should be reflected on the police. "Why such a big issue is made about it? Every day HC is passing the order," argued Rohatgi. He also submitted that the dying declaration is on record and this is not a case where police need to be blamed.
The state of Tamil Nadu said that in this case, the High Court has "overstepped the jurisdiction by ordering CBI probe". Senior Advocate P Wilson appearing for the state said that only an oral prayer was made for the CBI probe and they were taken by surprise as there was no pleading regarding it.
Back in January, the HC had ordered a CBI probe into the suicide case and made some grave observations on the police's stand that there was no religious conversion angle in the case. The High Court said that it is too early for police to jump to conclusions and yet they have done so. The case was transferred to the CBI on the victim's father's petition amid allegations of forced conversion.
(With agency inputs)
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