The Hindu : Tamil Nadu News : State probe an eyewash: apex court

Online edition of India's National Newspaper
Saturday, Oct 16, 2004

Tamil Nadu

Tamil Nadu

State probe an eyewash: apex court

By J. Venkatesan

NEW DELHI, OCT. 15. The Supreme Court today rejected at the admission stage a special leave petition filed by the Tamil Nadu Government challenging a Madras High Court judgment ordering a CBI probe into the allegations of cheating and sexual exploitation made by Jayalakshmi (32) of Sivakasi against some police officers.

"This is a very sensitive and serious matter involving personnel from constable to the Superintendent of Police. The High Court had gone into various aspects of the allegations and having found that the investigation by the State police was an eyewash ordered a CBI probe," a Bench consisting of Justice B.P. Singh and Justice B.N. Srikrishna told senior counsel, P.P. Rao, appearing for the Government.

Mr. Rao contended that the High Court could not direct a probe by the Central Bureau of Investigation in the absence of government consent. No doubt, several top-ranking police personnel were involved but the State itself conducted an investigation and filed five volumes of report.

Intervening, the Bench said, "You may file even 10 volumes of report. It is only eyewash. You (State) had not conducted any investigation till the court issued notice on the petition filed by the father of Jayalakshmi." Why did the Inspector-General not take any action in spite of several letters sent to him? "Has he thrown the letters to the waste paper bin? Only after the High Court cracked the whip, did you start the investigation. No fault could be found with the High Court order and we do not want to interfere with it."

Mr. Rao said, "a strong and able Chief Minister was heading the State and she has complete control over the Government and police administration. Under her leadership there could be a free and fair investigation by the State police itself which could be monitored by the court."

The Bench retorted: "Your State may have a strong Chief Minister. But is she going to investigate the matter? The same police are going to conduct the investigation and hence the High Court was right in ordering a CBI probe because senior police officials are involved in it."

Initially, Ms. Jayalakshmi's father filed a habeas corpus petition before the Madurai Bench of the High Court alleging illegal detention of her daughter. After she was produced in the court, the matter concluded. But Ms. Jayalakshmi made a series of allegations against certain police officers and the High Court ordered the CBI probe. The court also rejected the Government's plea for recall of the order on October 1. The SLP was directed against this judgment.

Questioning continues

S. Vijay Kumar reports from Madurai:

Sleuths of the CBI grilled Ms. Jayalakshmi for nearly 10 hours on the third consecutive day in Madurai today.

A top CBI official said the agency was trying to establish a prima facie, if any, in her allegations. "Arrest is not routine in our investigation. It is based on evidence and requirements of individual cases," he said.

The CBI might seek extension of time to submit a report. (The Madurai Bench sought a report within 60 days.)

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