Supreme Court Says No To CBI Enquiry in Chennai Law College Case PDF
Supreme Court Says No To CBI Enquiry in Chennai Law College Case PDF
Supreme Court Says No To CBI Enquiry in Chennai Law College Case PDF
.Petitioners
Versus
STATE OF TAMILNADU & ORS.
..Respondents
JUDGMENT
R. BANUMATHI, J.
This
writ
petition
has
been
filed
by
the
Page1
miscreants so that
personnel as well as
the other
Thevar Community
is
celebrations of
led to
2
Page2
The petitioners
and
Rescue
a sense of
human
not
in order to appease
their political
3
Page3
to file a complaint
No.1492/22/13/08-09/UC
before the
cases are
by CB CID arbitrarily
without following
proper procedure.
4
Page4
4.
being
false
petitioners.
cases
have
been
registered
against
the
that OCU
5
Page5
police
punishment and the matter has not been proceeded with all
seriousness and urged that the investigation of the Law
College incident on 12.11.2008
SIT.
6.
Mr.
Subramanium
Prasad,
Learned
Additional
the report of
6
Page6
7.
alleged inaction
is two-fold:- (i)
and the
students,
case
was
registered
as
Crime
against one
to judicial
7
Page7
3(1) of Tamilnadu
8
Page8
has
No.1374/2008,
been
some
fixed
of
for
the
9.9.2014.
accused
are
In
yet
Crime
to
be
In
the
Status
Report,
it
is
stated
that
on
and
were
appointed
a Commission of
The Commission
9
Page9
the
recommendations
of
the
Commission,
viz.
(1)
Mr
.K.
Narayanamoorthy,
Commissioner of Police;
Assistant
Babu,
(Police-2)
Department
18.6.2013
and
10
Page10
Insofar as
Tamilnadu Police Rules and the said police officer has been
called upon to show cause against the proposed punishment.
12.
personnel,
police
inconsequential departmental
punishment
of censure was
Mr.
E.
Perumal,
Sub
Inspector
of
Police,
the
commensurate
11
Page11
Learned
was then
The learned
12
Page12
14.
long
time
the
matter
was not
proceeded with.
Armstrong
that
have
in Crime No.1371/2008
was
report though
he
is stated to be a practising
Court and only after the order was passed by this court,
accused K. Armstrong was arrested on 1.5.2011 who was
subsequently released on bail on 4.5.2011. Likewise in two
criminal cases charge-sheets are yet to be taken on file and
some of the accused are yet to be apprehended and trial is
yet to commence.
15.
13
Page13
that
local police.
The extra-
Bench of this Court held as under:70. Before parting with the case, we deem it necessary to
emphasise that despite wide powers conferred by Articles
32 and 226 of the Constitution, while passing any order,
the Courts must bear in mind certain self-imposed
limitations on the exercise of these Constitutional powers.
The very plenitude of the power under the said Articles
requires great caution in its exercise. Insofar as the
question of issuing a direction to CBI to conduct
investigation in a case is concerned, although no inflexible
guidelines can be laid down to decide whether or not such
power should be exercised but time and again it has been
reiterated that such an order is not to be passed as a
matter of routine or merely because a party has levelled
some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously
and in exceptional situations where it becomes necessary
to provide
credibility
and instil confidence
in
investigations or where the incident may have national and
14
Page14
16.
on the
of
been addressed by
the
that at this
Since charge-sheets in
15
Page15
filed
before the
VIIth
Town,
Chennai
to
proceed
with
the
matter
expeditiously.
17.
Learned
counsel
for
petitioners Mr.
Prashant
to the incident
as well as
a Chairperson of
non-taking
SHRC
of action
SHRC was
finding it
16
Page16
on
familiarity
of
17
Page17
until the
to Section 21(2)(a)
that a suitable
of Protection of Human
Rights Act, 1993 (for short the Act) could be made to make
eligible
retired Judges
filed
by
the
State
refers
to
various
letter
in this
regard.
20.
for
18
Page18
suitable
amendment
We
as the
are traceable
of
19
Page19
remedial
measures
violations
NHRC/SHRC to
statute
has
NHRC/SHRC.
constituted
conferred
wide
range
persons
who
have
powers
upon
required to be
held
very
high
benevolent
objects of
for redressal of
the Act
Having
and the
effective
mechanism
grievances of the
citizens
time.
zero
20
Page20
to Section
21(2)(a) of the Act which process will take long time, it will
be in order if the State of Taminadu takes steps to fill up the
vacancy of the post
terms
of
Section
by
constituting
Search
regards
Organized Crime
the
petitioners
on
the
complaint
of
one
In both the
21
Page21
the charges
directing the
22
Page22
J.
(T.S. Thakur)
J.
(R. Banumathi)
New Delhi;
September 16, 2014
23
Page23