SC questions Madras HC over formation of SIT to probe Karur stampede

The Supreme Court on Friday questioned the Madras High Court for constituting a special investigation team (SIT) to probe the Karur stampede in which 41 people were killed.

A bench comprising Justices J K Maheshwari and N V Anjaria wondered how the high court proceeded with the matter.

"We are unable to understand how this order was passed? How did the single bench in the Chennai Bench proceed with the matter when the division bench in Madurai was considering the matter?  "In my experience of over 15 years as a judge, a single bench holds back if the division bench has taken cognisance," Justice Maheshwari observed.

At the outset, senior advocate Gopal Subramanium, appearing for Tamil actor Vijay's political party Tamilaga Vettri Kazhagam, submitted that the petition before the high court was filed only to frame a standard operating procedure (SOP) for political rallies.

He said the SIT was constituted by the high court on the first day itself and the court made adverse remarks against the party and Vijay without hearing them.

Senior advocate C A Sundaram, also appearing for the TVK, submitted that the chief justice of the high court can authorise a special bench to hear the matter but it has not happened in this case.

Both lawyers told the apex court that the high court's observations that the TVK and Vijay abandoned the place and that they did not express remorse were wrong.

They said the police forced the actor to leave the place on the ground that it would aggravate the situation.

Senior advocate Mukul Rohatgi, appearing for the state government, said the SIT was formed by the high court itself and that the state did not give any names.

Rohatgi said the officers are known for their integrity and independence, and there was no reason to doubt.

The bench reserved its order after hearing the parties.

On Tuesday, the CJI-headed bench agreed to hear BJP leader Uma Anandan's plea challenging the high court order refusing a CBI probe into the September 27 stampede.

BJP leader from Tamil Nadu, G S Mani, has also filed a petition seeking a CBI probe into the stampede.

The TVK has sought an independent investigation under the supervision of the Supreme Court, contending that a fair and impartial probe would not be possible if conducted solely by officers of the Tamil Nadu Police.

The plea has objected to the high court constituting an SIT only with officers of the Tamil Nadu Police.

It alleged the possibility of a pre-planned conspiracy by some miscreants that led to the stampede.

The plea also took exception to the scathing remarks of the high court against the party and the actor-politician that they abandoned the place after the incident and did not express any remorse.

Earlier, the police said the rally saw a turnout of 27,000, nearly three times the expected 10,000 participants, and blamed a seven-hour delay by Vijay in reaching the venue for the tragedy.