The court directed the director of the CBI to constitute a special team to complete the investigation within four months.
In a major setback to Tamil Nadu government, the Madras High Court on Tuesday ordered that the Central Bureau of Investigation (CBI) to take over the investigation into the police firing which claimed the lives of 13 people protesting against the Sterlite Copper plant in Thoothukudi on May 22.
In a related development, the Court has also set as aside the detention of six more protestors under the National Security Act.
Hearing a batch of pleas, the division bench of Justices CT Selvam and AM Basheer Ahamed allowed the plea for a CBI inquiry, after observing that the events leading up to the firing and the process that followed were rife with irregularities. "How self-loading rifles found their way out of the armoury and came to be used in shooting dead persons, how the snipers were perched atop vehicles and how persons came to be shot in the face and chest, all are questions that cry for an answer."
The Bench also raised concern over the apparent reluctance of the authorities to register cases against police officials for the alleged delinquent acts. "The case of the petitioners is that the State/police and other authorities are guilty of murder. We fail to understand how not a single case, not even invoking Section 174 Cr.P.C., has been registered at the instance of the injured/family members of the deceased. The truth or otherwise of the allegation is a matter for investigation. An investigation cannot be altogether avoided," the Bench said.
The court directed the director of the CBI to constitute a special team to complete the investigation within four months. Besides, the court also directed the modification of Police Order no. 703, which deals with the protocol to be adopted when police firing is resorted to. "Therefore, the Court has directed that it be appropriately modified, keeping in mind the International Standards for the Use of Force and Firearms as per the United Nations Guidelines," the judgement said.
CPI (M), one of the petitioner in the case seeking CBI probe, welcomed the order and urged the CBI to commence the probe at the earliest and to register cases against the police officials who fired on the people and those who ordered the firing. "Besides, the police officers should be kept under suspension until the completion of the probe," CPI (M) state secretary K Balakrishnan.
The High Court directive today transferring the probe to the central agency was "welcome," DMK working president M K Stalin said in a tweet. "Those who gunned down own countrymen in broad daylight, besides maiming over 50 persons, should be brought before the law and punished," he added.
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