NEW DELHI: In a major blow to the Tamil Nadu government, the Supreme Court on Tuesday upheld the Madras High Court's order and allowed the CBI probe into Kallakurichi hooch tragedy that claimed 68 lives in June and July this year.
A bench of Justices J B Pardiwala and R Mahadevan rejected an appeal filed by the Tamil Nadu government against the Madras High Court judgement, which ordered CBI probe into the matter and said Kallakurichi hooch tragedy case is one of the rarest of rare cases which warrants a fair and impartial investigation by the CBI.
The High Court had also said most of the victims belonged to the downtrodden community and this aspect cannot be slightly brushed aside. It also noted the allegation was levelled only against the officials of the state government, including the police, and politicians.
The apex court's order cleared the decks for the CBI probe into the matter which also comes as a big embarassment for the DMK government.
Tamil Nadu's Advocate General P S Raman and senior advocate E R Elango for the state submitted 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.
“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," the state plea said.
While dismissing the state government’s plea, the bench said 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 said it found no ground to interfere with the order directing the CBI investigation.
“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 bench said.
On November 20, the Madras High Court had ordered a CBI probe into the Kallakurichi hooch tragedy that led to the death 68 people.
The state government claimed the plea before the High Court did not bear or 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.
It contended 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.
The court, however, junked the plea.
