SC Orders CBI Probe Into Karur Stampede At Vijay's TVK Rally, Slams Madras HC Over Jurisdictional Overreach

In a significant development, the Supreme Court on October 13 directed the Central Bureau of Investigation (CBI) to take over the probe into the tragic stampede that occurred during a political rally in Karur on September 27, organized by actor Vijay's party, Tamilaga Vettri Kazhagam (TVK), which resulted in 41 fatalities.

To ensure oversight, the apex court appointed former Supreme Court judge, Justice Ajay Rastogi, to head a monitoring committee. This panel will also include two IPS officers from Tamil Nadu cadre who are not native to the state. The CBI is required to submit monthly progress reports to this committee.

"We have referred the judgment of the state of West Bengal on protecting democratic rights and looking at the situation which has raised concerns over fundamental rights 1. Handover investigation to CBI- there can't be doubt that fair and impartial investigation is right of the citizens. 2.SIT Committee to monitor investigation- the investigation to be headed by retired Supreme Court judge and two IPS officers shall monitor the investigation to be carried out by CBI," the apex court noted as per Live Law.

The Court came down heavily on the Madras High Court's Chennai Bench for constituting a Special Investigation Team (SIT) in a case that originally sought only the formulation of a Standard Operating Procedure (SOP) for political rallies. It questioned how a writ seeking SOPs was registered as a criminal writ and demanded a report from the Registrar General of the High Court.

Further, the Supreme Court noted that the Chennai Bench had no jurisdiction over the Karur incident, which falls under the Madurai Bench. It emphasized that the Chennai Bench acted without the Chief Justice's authorization and should have dismissed the petition outright.

The interim order was passed by a bench of Justices JK Maheshwari and NV Anjaria, in response to petitions filed by TVK and others. Interestingly, after the order was issued, the State's senior advocates informed the Court that the petitioners in the CBI-related pleas had disavowed knowledge of the filings and had written to the Supreme Court registry. The bench said it would look into the matter.

The State of Tamil Nadu was granted time to file its counter affidavit, with the Court clarifying that its directions were based on preliminary observations.

TVK's petition, filed by General Secretary Aadhav Arjuna, challenged the Madras High Court's October 3 order forming an SIT composed solely of Tamil Nadu police officers. The party also objected to the High Court's critical remarks about TVK and its leader, Vijay, and sought an independent probe under the supervision of a retired Supreme Court judge.

Other petitions contested the Madurai Bench's refusal to hand over the investigation to the CBI. The Supreme Court bench questioned the procedural propriety of the High Court's decision, especially since the original plea was about SOPs for rallies, not a criminal probe.

The bench also raised eyebrows over the selective permission granted for political rallies-TVK was allowed to hold its event in a narrow passage where AIADMK had earlier been denied permission.

Additionally, the Court expressed concern over the postmortem of 30-40 victims being conducted at midnight and the subsequent cremations at 4 a.m., hinting at possible procedural lapses.

The rally at Veluswamypuram in Karur district after 25,000-30,000 people turned up for the event while the organiser had expected 10,000 people to attend the event.