The Supreme Court ordered a CBI probe into the Karur stampede at actor-politician Vijay’s TVK rally, which killed 41 people.
A three-member committee headed by former Justice Ajay Rastogi will monitor the investigation to ensure fairness and transparency.
The court criticised the Madras High Court for acting beyond its jurisdiction and directed Tamil Nadu to fully cooperate with the CBI.
The Karur stampede, which claimed 41 lives, has shaken the nation's conscience and merits a fair and unbiased investigation, according to the Supreme Court, which on Monday ordered a CBI probe into the tragedy.
The top court also established a three-member monitoring committee led by former apex court judge Ajay Rastogi to oversee the CBI investigation in response to actor-politician Vijay's Tamilaga Vettri Kazhagam (TVK)'s request for an independent investigation.
The Supreme Court requested that Tamil Nadu provide the central agency's personnel with full cooperation while restraining the creation of the SIT and a one-man inquiry commission. Additionally, it chastised Madras High Court Justice N Senthilkumar for considering incident petitions, directing a SIT investigation, and making judgements against TVK and its members without including them in the case. The Karur stampede, which took place at a TVK rally on September 27, has left a lasting impression on the nation's citizenry, according to a bench made up of Justices J K Maheshwari and N V Anjaria.
It stated that the tragedy has significant effects on citizens' lives and that it is crucial to uphold the fundamental rights of the families who lost a member of their family.
The Supreme Court acknowledged the case's political overtone and that "without having regard to the gravity of the incident," senior police officers made remarks to the media that could lead to public scepticism about the department's impartiality and fair investigation.
"The faith and trust of the general public in the process of investigation must be restored in the criminal justice system, and one way to instil such trust is by ensuring that the investigation in the present case is completely impartial, independent and unbiased.
"Looking to the fact that the issue involved certainly has a bearing on the fundamental rights of the citizens, the incident, which has shaken the national conscience, deserves fair and impartial investigation. There cannot be any doubt that fair investigation is the right of a citizen," the bench said.
The apex court directed the Director of CBI to appoint a senior officer to take over the investigation and appoint some other officers for the assistance of the officer.
"The Superintendent of Police and SHO of the Karur Town police station as well as the SIT set up pursuant to the order of the learned Single Judge and the Enquiry Commission set-up by the Chief Minister, shall immediately hand over the FIR and other relevant papers, evidence - digital or otherwise collected till now for further investigation to the officers of the CBI," the bench said.
The court said the direction for the appointment of SIT or a one-man enquiry commission shall remain suspended.
"State of Tamil Nadu is directed to extend full co-operation to the officers of the CBI in the investigation as directed and if necessary, shall provide requisite logistical support to them," it said.
The apex court also directed retired Justice Rastogi to choose two senior IPS officers who are not natives of Tamil Nadu.
"The Committee shall have the liberty to review the evidence collected by the CBI from time to time and supervise the investigation to ensure that it reaches its logical conclusion.
"The Committee may undertake an inquiry into any matter ancillary/incidental to the Karur stampede which might be necessary to ensure fair, transparent and independent investigation into the matter as it deems fit," the bench said.
Considering the ramifications of the incident and its gravity, the top court requested the chairman of the committee to immediately organise its first meeting after the CBI takes over the investigation.
"The officers of the CBI are directed to submit a monthly progress report of the investigation to the Committee, which may be placed for consideration before this Court as and when required.
"We further request that the investigation be completed as expeditiously as possible within the statutory time frame," the bench said.
The top court also chastised Justice N Senthilkumar of the Madras High Court for conducting a SIT investigation and considering petitions about the stampede during actor Vijay's rally on September 27.
"There was no occasion for the single judge of the main seat to entertain the petitions without orders of the chief justice when petitions seeking a probe into the incident were pending before the Madurai bench," the bench said.
Noting that Vijay's Tamilaga Vettri Kazhagam (TVK) and its members were not made a party, the top court said observations were made against them without affording them any opportunity of hearing.
"The judgment is completely silent about how the single judge arrived at such a conclusion, what material was perused by the court. The said order merely refers to the submissions made by the additional advocate general," the bench said.
On October 10, Vijay's political party and others filed a plea, and the top court deferred its decision.
The TVK has requested an independent investigation overseen by the Supreme Court, arguing that a fair and unbiased investigation could not be carried out by Tamil Nadu Police personnel alone.
Additionally, the appeal objected to the high court's harsh criticism of the party and the politician, claiming that they left the scene without expressing regret following the incident.
With PTI inputs.
