The Madras High Court on Friday denied anticipatory bail to Tamilaga Vettri Kazhagam (TVK) General Secretary N Anand and Joint General Secretary CTR Nirmal Kumar in connection with the criminal case registered after 41 people died in a stampede at actor-turned-politician Vijay's rally in Karur.
Justice M Jothiraman passed the order.
On September 27, a stampede unfolded at a rally organised by the TVK in Karur district's Veluswamypuram, where the party's founder Vijay was campaigning.
At least 41 people died during the stampede, including women and children, and dozens were injured.
Following the event, an FIR was filed against several TVK functionaries (excluding Vijay) under charges including culpable homicide not amounting to murder, for failing to ensure safety and for misrepresenting expected crowd size and venue arrangements.
Advocate V Raghavachari appeared for Anand and Nirmal Kumar and argued that the case filed against them was a concocted one.
"Please see the allegations against me. My leader (Vijay) came (for the rally), he was 4 hours late. Their entire case is that instead of coming at 3 o'clock, why did you come at 7 o'clock? I am asking, is that a criminal offence? The entire case has been manipulated by the State. An accident cannot be converted into culpable homicide."
He added that the site where the rally took place had been allocated to TVK by the local authorities, and that it was not the site that the political party had sought when it initially applied for permission to hold the rally.
"The State owes an explanation why this place was given. It is their job. They have intelligence department. The same spot was found unsuitable for another party (AIADMK)," Raghavachari contended.
He went on to assert that crowd control was part of the State's duties.
However, the State asserted that the tragedy that took place because TVK's leaders behaved irresponsibly.
"As General Secretary, he (Anand) made the request to the media and his cadre that the leader is coming, so the people should be there by 12 o'clock. Has he made a single statement in the media that people should behave responsibly? Not even a single announcement took place that the crowd should stay disciplined. What is the step taken by them? Was there any public announcement by the General Secretary or Join Secretary?" the State counsel contended.
He went on to oppose any grant of anticipatory bail, particularly since the State had only begun investigating the case.
"Their anticipatory bail is another political strategy. These were totally reckless and heartless people," he maintained.
The Court after hearing the parties declined to grant anticipatory bail.