New Delhi [India], December 2 : The Tamil Nadu government has filed its response (counter-affidavit) in the Supreme Court seeking directions to set aside its decision to order a CBI (Central Bureau of Investigation) probe into the Karur stampede case.
In its counter-affidavit, the State government has contended that actor and politician Vijay cannot choose the investigating agency or monitoring committee, particularly since both his party and he himself are accused in the Karur stampede case.
Consequently, Vijay, in having moved the apex court against the Madras High Court's decision to order a Special Investigation Team (SIT) into the said tragedy and seeking a committee headed by a former Supreme Court judge to supervise the investigation, is not maintainable, the State government argues.
It is further contended that Vijay never sought a CBI investigation in his pleas. His main request was limited to challenging the Madras High Court's order, and the only grievance raised was that the High Court passed its order without having heard TVK.
Even in Vijay's interim prayer before the apexcourt, he only requested a committee headed by a retired Supreme Court judge to oversee the SIT, not to replace it, the counter affidavit says.
Therefore, the State government seeks that the Supreme Court's order transferring the investigation from the SIT to the CBI deserves to be set aside, as such a relief was never sought.
"In other words, when Petitioner (Vijay) complains that Hon'ble High Court ought not to have overstepped beyond the prayer, but yet maintains a prayer in his SLP seeking for same exercise to be done by this Hon'ble Court in SLP. Therefore, Petitioner is blowing hot and cold, and its stand is self-contradictory. That the SIT appointed by the Hon'ble High Court is headed by one Mr Asra Garg, who is presently serving as Inspector General of Police, North Zone, Tamil Nadu, he is an officer of exemplary integrity, competence, and professional distinction", the affidavit said.
In addition to seeking that the CBI probe order be set aside, the Tamil Nadu government has also sought that the apex court allow the continuation of the SIT as had been ordered by the High Court.
Moreover, the State government has sought that Vijay and TVK's office-bearers refrain from tampering with or influencing witnesses until the investigation is completed and the charge sheet is filed.
The Supreme Court had earlier ordered a CBI probe into the Karur stampede that occurred during party chief and actor Vijay's rally on September 27, leaving 41 people dead and many others injured.
The Court had also ordered a three-member committee, headed by former Supreme Court judge Justice Ajay Rastogi, to monitor the CBI probe and ensure that the investigation into the tragedy is independent and impartial. The ruling had come on TVK's plea seeking an impartial probe into the tragic event.