CHENNAI: The Madurai Bench of the Madras High Court on Tuesday ordered that all cases pertaining to violence during the anti-Sterlite protests in Thoothukudi, including the police firing that killed 13, be transferred to the CBI for probe. Delivering orders on a batch of petitions, the Bench, comprising Justices C T Selvam and A M Basheer Ahamed, said, “It can hardly be expected that any investigation, either into the wrongdoings of the protesters or of the administration/police, would inspire confidence if entrusted to agencies of this State.” It directed all FIRs registered in connection with the events of May 22, the 100th day of the protests, and related in any manner to the anti-Sterlite protests at Thoothukudi be transfered to CBI.
The bench directed the Director of the CBI to appoint a special team for the investigation and ordered to complete the investigation in four months. Referring the UN Guidelines of 1990 as also other material/contemporary literature to the DGP of TN, the bench directed him to form a committee towards recasting and modifying the Police Standing Order 703 in order to meet future contingencies, observing that not only has Police Standing Order 703 not been followed but that such provision, by itself, affords no assurance against subsequent occurrences of similar nature” In its 46-page-order, the court noted that ‘Caesar’s wife must be above suspicion’ and said “the State has much to answer”.
Noting that the police firing had been ordered by one who was not a jurisdictional Executive Magistrate and admittedly “on his assuming powers which he did not possess”, the judges said that the absence of District Collector after passing prohibitory orders was ‘unusual’The Court also questioned why no water cannons were used.Pointing out that the State had chosen not to file a counter in any of the cases, the bench said, “We fail to understand how not a single case, not even invoking Section 174 CrPC, has been registered at the instance of the injured/family members of the deceased”.