Wednesday, Oct 06, 2004
Wednesday, Oct 06, 2004 |
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Advts: Classifieds | Employment | Tamil Nadu
By J. Venkatesan
NEW DELHI, OCT. 5. The Supreme Court will hear on October 15 a special leave petition filed by the Tamil Nadu Government challenging a Madras High Court judgment ordering a CBI probe into the allegations levelled by Jayalakshmi (32) of Sivakasi against some senior police officers. A three-judge Bench comprising the Chief Justice R.C. Lahoti, Justice G.P. Mathur and Justice P.K. Balasubramanyam fixed the date during `mention' time, after senior counsel L. Nageswara Rao, appearing for the State, pleaded for an early hearing. Jayalakshmi's father had filed a habeas corpus petition before the Madurai Bench of the High Court alleging illegal detention of her daughter. She was produced in the court. But after Jayalakshmi made a series of allegations against certain police officers, the High Court ordered the CBI probe. The court rejected the Government's plea for recall of the October 1 order.
`Wild allegations'
The SLP said the State police had already initiated not only an investigation leading to the arrest of police officers but also disciplinary proceedings, resulting in their suspension. Merely because an accomplice (Ms. Jayalakshmi) made wild and scathing allegations against some police officers and was consistently improving her version, the High Court entrusted the case to the CBI. The SLP cited an apex court judgment, which said merely because a case was sensationalised, a CBI probe should not be ordered. It faulted the High Court for enlarging the scope of the habeas corpus petition. A CBI probe was a drastic measure which needed be resorted to only for compelling and extraordinary reasons. The delicate federal fabric woven into the legal system would be damaged if courts transferred investigation to a central agency when the State police not only showed diligence but also gave an undertaking that it would conduct the probe under the High Court's supervision.
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