CHENNAI: The Tamil Nadu government today submitted in the Madras High Court a status report in a sealed cover on the investigation into the 'Gutkha scam' and stated that there was a statutory bar in transferring the case to the CBI.
The First Bench, comprising Chief Justice Indira Banerjee and Justice Abdul Guddhose, was hearing a public interest litigation filed by DMK MLA J Anbazhagan, seeking a probe by the investigative agency into the alleged scam.
The PIL has alleged that a state minister and high-level state and central government officers, including police officials, were involved in the scam to "facilitate" the sale of banned 'gutkha' (tobacco product).
It contended that the Central Bureau of Investigation alone can conduct a thorough and impartial probe in the matter.
The Income Tax department had informed the court on January 12 that its confidential letter seeking action against those involved in the 'gutkha scam' was seized from a room occupied by expelled AIADMK leader Sasikala in the Poes Garden residence of Jayalalithaa during a search on November 17, 2017.
This information was disclosed in an affidavit submitted by Principal Director of Income Tax, Chennai, Susie Babu Varghese on the PIL filed by the DMK leader.
P Wilson, counsel for Anbazhagan, today submitted that the probe should be transferred to the CBI since more than one state was involved in the scam and higher officials of the state and central governments were involved.
Referring to the affidavit filed by the IT department, Additional Solicitor General G Rajagopal said this was very relevant for the present case.
It was all on record with the department. The Supreme Court has said when there was allegation against the state police, the investigation may be referred to an independent agency, he added.
Producing a status report on the investigation done by the Directorate of Vigilance and Anti-Corruption (DVAC) in a sealed cover before the Bench, Advocate General Vijay Narayan said even if higher police officers and ministers were involved, the case need not be transferred to the CBI.
There was a statutory bar in transferring the case to the CBI. Unless there was consent from the state, the investigation cannot be transferred, he submitted.
"Kindly go through the status report. It is still under investigation. The status report shall be treated as confidential," he added.
The AG said the state government made a specific request to the IT department to produce original documents, including hard disc, "because there may be some tampering in the hard disc also." But there was no response from them.
Referring to the IT department's affidavit relating to the recovery of the confidential letter found in the room occupied by Sasikala, the AG said "the DGP says he sent it to the chief minister."
"Shortly, thereafter, the chief minister (Jayalalithaa) fell sick and was admitted to hospital. Thereafter, a series of things took place. The DGP could not find the letter," he submitted.
He said it was not as if the police was not taking action. So far, 4,780 people were arrested and so many were already been convicted.
After hearing the arguments, the bench posted to January 24 further hearing of the case.
Sasikala is currently serving a prison term at the Parappana Agrahara Central Prison in Bengaluru after being convicted in a disproportionate assets case.
Jayalalithaa was admitted to a hospital here with complaints of fever and dehydration on September 22, 2016 and died on December 5 that year.