The Supreme Court on Monday directed the Central Bureau of Investigation (CBI) to take over the probe into the September 27 Karur stampede in Tamil Nadu, which claimed 41 lives during a rally organised by actor Vijay’s political outfit, Tamilaga Vetri Kazhagam (TVK). The court also constituted a three-member committee headed by former Supreme Court judge Justice Ajay Rastogi to monitor the investigation.
A bench of Justices JK Maheshwari and NV Anjaria stressed that an independent investigation was necessary “to allay concerns and ensure impartiality” in a case that involves fundamental rights of citizens.
“Looking at the facts, the issue has a bearing on the fundamental rights of the citizens. The directions are to hand over the investigation to the CBI. In order to allay the concern of parties we propose to set up a three-member committee. We have requested Justice Ajay Rastogi to head the committee,” the bench said.
The committee will be assisted by two IPS officers from the Tamil Nadu cadre who are not natives of the state. The CBI has been directed to file monthly progress reports before the committee, which will frame its own procedures under Justice Rastogi’s guidance.
The apex court came down sharply on the Madras High Court’s intervention, calling the single judge’s approach “lacking in sensitivity and propriety.” It questioned why Justice N Senthilkumar had taken suo motu cognisance of the stampede and ordered a Special Investigation Team (SIT) probe, despite the incident falling under the jurisdiction of the Madurai Bench, which had already declined to intervene.
The bench observed that the single judge had no occasion to entertain the matter during the pendency of related proceedings before the Madurai Bench and that his actions had created “multiplicity of proceedings.”
“The learned single judge made some observations about Karur stampede in which TVK was not made a party and as a result, the court took suo motu cognisance and directed constitution of SIT — judgment completely silent on how the single judge arrived at conclusion… Karur falls within the jurisdiction of Madurai bench and such being the case, there was no reason for the single judge to have entertained [the matter],” the court said.
The Supreme Court further noted that the High Court’s order was silent on why the judge disregarded the fact that Chief Minister MK Stalin had already appointed a one-man commission to probe the tragedy.
On October 3, Justice Senthilkumar, while hearing a PIL seeking standard operating procedures for political rallies, termed the stampede a “huge man-made disaster” and ordered an SIT probe, also making critical remarks against Vijay, TVK, and the state police.
Earlier the same day, a two-judge bench at Madurai had refused to order a CBI or court-monitored probe, noting that a judicial commission was already investigating and that the probe was at an early stage.
The Supreme Court noted these contradictory proceedings and expressed “serious concern” over the functioning of the High Court in this matter. It sought an explanation from the Registrar General of the Madras High Court on how the case came to be listed as a criminal petition and why the SoP writ petition wasn’t treated as a PIL.
It directed the High Court Registry to now place the SoP petition before a division bench for further hearing.
The Supreme Court issued its directions while hearing a batch of petitions, including one filed by TVK through its general secretary Aadhav Arjuna, challenging both the SIT’s formation and the adverse remarks made by Justice Senthilkumar against the party and its leadership.
