In its interim order, a Bench of Justices J.K. Maheshwari and N.V. Anjaria also constituted a high-level, three-member supervisory committee, to be headed by former Supreme Court judge, Justice Ajay Rastogi, to monitor the progress and direction of the CBI’s inquiry.
SC CENSURES MADRAS HC OVER JURISDICTIONAL OVERREACH
The Supreme Court's directive came in response to a batch of petitions, including one filed by actor Vijay’s political party, the Tamilaga Vettri Kazhagam (TVK), which sought an independent investigation. The TVK had challenged an earlier Madras High Court order that constituted a Special Investigation Team (SIT) comprised of Tamil Nadu police officers, arguing that a probe by the state police would be biased given the political nature of the incident.
A significant portion of the SC's order was dedicated to procedural propriety. The SC Bench strongly censured the single-judge of the Madras High Court (Chennai Bench) for entertaining the matter and ordering the constitution of an SIT when the issue was already pending before the Madurai Bench.
The apex court noted that the Karur district falls under the jurisdiction of the Madurai Bench, where related pleas seeking a CBI probe were already being considered, constituting a "stark contradiction" in judicial approach. The Bench expressed deep concern over the "lack of sensitivity and propriety" displayed by the single-judge in expanding the scope of a writ petition—which originally sought only a Standard Operating Procedure (SOP) for political rallies—to a criminal matter and ordering an SIT probe without adequate material.
To probe this procedural lapse, the Supreme Court has directed the Registrar General of the Madras High Court to submit a detailed explanation on how the writ petition was registered and heard by the Chennai Bench, and how a petition seeking SOP could be categorized as a criminal writ petition. The court’s move to hand over the investigation to the CBI is intended to "allay the concerns of the parties" regarding the integrity of the investigation and to ensure a probe free from administrative or political influence. The bench also noted that the incident "has shaken national conscience."
The Monitoring Committee
To ensure accountability and transparency, the three-member monitoring committee will be led by Justice (retd.) Ajay Rastogi.
Key mandates of the committee:
Supervision: Monitor the investigation transferred to the CBI.
Membership: Justice Rastogi will select two senior Indian Police Service (IPS) officers, who must be of the Tamil Nadu cadre but not natives of the state, to serve on the panel.
Review: The committee is at liberty to issue directions for specific areas of inquiry and to review the evidence collected by the CBI from time to time.
Reporting: CBI officers are directed to submit a monthly progress report to the committee, which can then be placed before the Supreme Court as and when required.
