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The Supreme Court, on January 14, issued notice in the plea filed against Madras High Court order transferring investigation of Thanjavur minor’s suicide case to the Central Bureau of Investigation (CBI). The appeal has been filed by the Tamil Nadu Director General of Police who has maintained throughout that all directions of the court were duly followed and all investigation was going as per procedure.
The impugned order dated January 31, was passed in response to a petition filed by the father of the deceased girl who stated that he had lost confidence in the state police’s investigation after the school was exonerated by the state’s Education Department of allegations of attempted forcible religious conversion and the Superintendent of Police (SP) ruled out angle of conversion in the initial phase of the investigation.
While the bench of Justice Sanjiv Khanna and Bela M Trivedi issued notice, it refused to interfere with the CBI investigation and allowed the probe to continue. The bench told the State that the evidence be handed over to CBI and that it should not treat this as a prestige issue.
The bench also issued notice in the petition filed by the congregation which runs the school where the deceased girl was studying at the time. The bench questioned Senior Advocate Mukul Rohatgi appearing for the DGP on which aspect was it aggrieved, was it on the observations made by the court or the direction for CBI probe. Mr Rohatgi said it was aggrieved by both aspects.
“With great respect, this was not a case of any other ramifications. The HCs interferes and day to day orders are passed. A dying declaration is on record. This is not an exceptional case. This is not a case that should reflect on the police of the state. Why such a big issue is made about it? Every day HC is passing order,” Rohatgi submitted, as reported by LiveLaw. However, the bench stated that the circumstances during the pendency of the case “weighed with the High Court” while passing the impugned order.
Senior Advocate P Wilson appeared for the state and submitted that the High Court overstepped by ordering CBI probe since the single bench only had jurisdiction to deal with the state police investigation. The prayer in the petition was only for a CID probe and the CBI probe was pleaded for only orally in court.
Background
The court’s observations in the impugned order ranged from making comments about the name of the village being “Michealpatti” to make it appear that conversion angle is probable, to quoting from popular culture references to show how characters in movies defied attempts at religious conversion, to casting aspersions on the SP that she wanted to divert attention from the conversion angle in the case.
The case has caused a major political row with the involvement of a Vishwa Hindu Parishad (VHP) leader who recorded the statement of the minor girl. On January 28, a petition was submitted to Thanjavur district collector by residents of Michaelpatti village stating that “unidentified persons are coming to their village and trying to create communal disharmony.” According to reports, the villagers told officials that they “are being asked to speak against the school where the class 12 student was studying.” They added that their own children have studied in the school and there is no question of forced conversions.
In the order, the court cast serious aspersions on the state police carrying out the investigation stating, “The attempt of the police appears to be to derail the investigation…. It is too early in the day for the police or the politicians to jump to conclusions. But they have done so. That is why, the petitioner is apprehensive that if the investigation continues to remain in the hands of the State police, he will not get justice. His apprehension is justified.”
While ordering transfer of investigation to CBI, the court said, “The foregoing circumstances cumulatively taken will definitely create an impression that the investigation is not proceeding on the right lines. Since a high ranking Hon’ble Minister himself has taken a stand, investigation cannot continue with the State Police.”
Related:
Thanjavur minor’s suicide: Madras HC orders case transfer to CBI; rife with prejudices, hints at ‘religious conversion’ angle
Thanjavur: Villagers submit petition to DC about elements trying to create communal disharmony
MP High Court warns state against “moral policing” in interfaith marriage where wife converted willingly