Supreme Court orders CBI investigation into Karur stampede; Justice Ajay Rastogi-led panel to monitor probe

The Supreme Court on Monday ordered a Central Bureau of Investigation (CBI) probe into Karur stampede in Tamil Nadu [TAMILAGA VETTRI KAZHAGAM Versus P.H. DINESH AND ORS].

At least 41 people died during a political rally of Tamilaga Vettri Kazhagam (TVK) on September 27. The party, led by Tamil actor Vijay, had moved the top court challenging the Madras High Court direction for Special Investigation Team (SIT) probe into the incident.

In the decision pronounced today, the Bench of Justices JK Maheshwari and NV Anjaria ordered that a three-member committee headed by former top court judge Justice Ajay Rastogi will supervise the investigation.

"Looking at the facts, the issue has a bearing on the fundamental rights of the citizens. The directions are to handover the investigation to the CBI. In order to allay the concern of parties, we propose to setup a three-member committee. We have requested Justice Ajay Rastogi to head the committee," the Court said.

It added that two officers of the Indian Police Officers, who may be of Tamil Nadu cadre but not natives of the State, will be part of the panel. The officers, not below the rank of Inspector General of Police (IGP), will be chosen by Justice Rastogi.

The Court further directed that the Committee shall devise its own procedure as per directions of the retired judge. The CBI has been ordered to submit a monthly report of the investigation before the panel.

The Court had earlier questioned the propriety of Madras High Court passing two seemingly conflicting orders over the Karur stampede in Tamil Nadu - one declining plea for Central Bureau of Investigation probe (passed by Madurai Bench) and another directing a probe by a Special Investigation Team (passed by the principal Bench).

Background

41 people died in the stampede which broke out after crowds gathered to see actor-turned-politician and TVK founder Vijay speak during a political rally on September 27 at Karur.

On October 3, Justice N Senthilkumar passed an order directing a Special Investigation Team (SIT) probe into the matter, after expressing that the State's investigation into the case so far has not been up to mark.

This was after the single-judge noted that the State was yet to register any criminal case in respect of two accidents that allegedly involved collisions with Vijay's bus amid the stampede. 

Vijay was not named in any FIR registered after the stampede. However, following the High Court's October 3 order, a criminal case has reportedly been filed against the driver of Vijay's campaign vehicle in connection with the two hit-and-run incidents flagged by the High Court. 

The High Court's October 3 order was passed on a petition that sought a standard operating protocol (SOP) for road shows and rallies.

"This Court cannot close its eyes, remain a mute spectator, and shrink from its constitutional responsibilities," Justice Senthilkumar had said while ordering the SIT probe.

The High Court also strongly criticised the TVK leadership for its conduct after the stampede unfolded.

This prompted the appeal by TVK before the Supreme Court. TVK argued that High Court suo motu passed extensive observations against the party and its officials though the petition filed before it was for an SOP for rallies. It was also argued that the directions and observations were passed without hearing the petitioner-party.

In the plea, TVK sought an independent investigation into the stampede. Other litigants had also filed similar petitions related to the incident.

Senior Advocate Gopal Subramaniam, who appeared for TVK, was assisted by advocates Gauri Subramanium, Pranjal Aggarwal, Jayavardhan Singh, Raghav Kohli, Adnan Yousuf, Siddhant Juyal, Joel George, and Ankit Malhotra. Senior Advocate Aryama Sundaram also appeared for TVK.

Senior Advocates Mukul Rohatgi and P Wilson appeared for State of Tamil Nadu.