Madras High Court calls for SIT probe into murder of TN Minister KN Nehru's brother after CBI could not find motive

The Madras High Court on Wednesday directed the constitution of a Special Investigation Team (SIT) comprising officers from the Tamil Nadu Police and the Central Bureau of Investigation (CBI) to look into the alleged murder of Ramajayam, brother of Tamil Nadu Minister KN Nehru [N Ravichandran v The Director of Central Bureau of Investigation]..Justice V Bharathidasan ordered for the formation of an SIT with “dedicated and efficient officers” to investigate the matter since that alone would bring the case to its logical end.The SIT will comprise the Tuticorin Superintendent of Police, the Ariyalur Deputy Superintendent of Police and a Deputy Superintendent of Police, SCB, CBI, Chennai.The CBI investigator was directed to be deputed exclusively to the SIT and not be transferred till the probe was complete. Further, the State government was directed to provide all necessary infrastructure to enable the SIT to conduct the investigation effectively..- Ramajayam was allegedly murdered in 2012. The deceased was the brother of TN Minister KN Nehru;- On failure of investigation by State Police, the case was transferred to CB CID in 2012 and then to the CBI in 2017;- The CBI was unable to find the motive behind the murder;- One of the brothers of the deceased moved the High Court seeking re-transfer to the State;- The Court took a dim view of the investigative teams and thereafter, instituted an SIT..The single-judge had reserved orders last week in a plea by one of the brothers of the deceased seeking re-transfer of the case pending with the CBI to the State Police..The case arose when Ramajayam was allegedly murdered in 2012. As no progress was made in the investigation by the State Police, the case was transferred to the CB-CID a few months after the alleged murder.However, even after five years of the investigation, the CB-CID could not find a motive behind the murder. Therefore, the deceased’s wife sought a transfer of the case to the CBI. In 2017, the Madras High Court transferred the case to the CBI..The CBI also did not find the possible motive. The current petition’s cause of action arose when the CBI did not respond to a representation seeking a re-transfer of the investigation to the State Police..The petitioner argued before the Court that nearly 10 years had gone by and the investigation could not be allowed to go on indefinitely. Further, it was submitted that the CBI was already overburdened with a number of investigations and continuing the case with them would not serve any purpose..However, the counsel for the CBI argued that the investigation only reached the agency after six years Ramajayam's death, by which time vital evidence was missing. Despite such a situation, the CBI was putting its best efforts in bringing the investigation to its logical conclusion, he submitted.It was the CBI’s stand that the very nature of the deceased, who had many political and business rivals, widened the scope of the motive. Over and above, with lack of scientific evidence such as chance fingerprints, eye-witnesses and CCTV footage, the issue was further compounded.The Special Public Prosecutor opined that the CBI was putting sincere efforts to bring the investigation to its logical conclusion, and that there was no need to re-transfer the case..The Court, on hearing the counsel’s submissions, discussed the status report filed by the CBI that reflected that there were a number of possible motives, and in spite of effective investigation for almost four years, it was unable to zero in on the motive behind the murder till today.Justice Bharathidasan lamented that even after ten years, premier investigative wings could not find the motive behind the murder.“It is very unfortunate situation. The fundamental rights guaranteed under Articles 20 and 21 of the Constitution of India, not restricted only to fair and speedy trial, it also guarantees fair and speedy investigation,” the judge remarked..Recording the failure of the State, the CB-CID and the CBI, the Court decided on constituting an SIT.The case was listed for further orders on March 7. The Registry was directed to place the matter before the Acting Chief Justice for listing before the same Bench..Senior Advocate NR Elango and Advocate Aswin Prasanna appeared for the petitioner.Special Public Prosecutor (CBI Cases) K Srinivasan, State Public Prosecutor Hassan Mohammed Jinnah, and Government Advocate CE Pratap appeared for the respondents..[Read Order]