NEW DELHI: The Tamil Nadu government has urged the Supreme Court to vacate its October 13 interim order directing a CBI probe into the Karur stampede that killed 41 people and injured more than 60 during a Tamilaga Vettri Kazhagam (TVK) rally on September 27.
In a counter-affidavit, the State also sought restoration of the Justice (Retired) Aruna Jagadeesan Commission of Inquiry, whose functioning was suspended by the same order.
"To vacate the order of suspension and permit the continuation of Justice Aruna Jagadeesan (Retired)one member Commission of inquiry constituted by the Government of TN under G.O.Ms.No. 605, Public (L&O-F) Department, dated 28.09.2025 to enquire as per the reference therein," said the reply of the TN government.
The affidavit further asked the Court to delete the term “non-native” used in paragraph 33 of the October 13 order and to reconstitute or suitably modify the three-member Supervisory Committee overseeing the CBI investigation.
The TN government also sought dismissal of the Special Leave Petition (SLP) on the ground that it was "not maintainable and misconceived."
The Supreme Court’s October directive for a CBI probe was issued after hearing multiple petitions, including one by TVK general secretary (Election Strategy) Aadhav Arjuna seeking to quash the Madras High Court’s SIT.
Three other petitioners, P Selvaraj of Emur Puthur, who lost his wife S Chandra, and P Panneerselvam of Alamarathupatti, who lost his nine-year-old son Prathik and G S Mani, Vice-president of the Bharatiya Janata Party's (BJP) state legal cell.
The Karur stampede, which happened during the September 27 political rally of actor and TVK chief Vijay in Karur, claimed 41 people and injured more than 60.
In its counter-affidavit, the Tamil Nadu government has asked the Supreme Court to recall its October 13 order transferring the probe to the CBI and sought permission for the State SIT to continue the investigation. “The investigation by the State police was proceeding properly. No malafides or bias had been alleged or substantiated,” the affidavit said.
The Supreme Court’s October 13 order, delivered by a Bench of Justices J K Maheshwari and N V Anjaria, had also set up a three-member supervisory committee headed by former SC judge Justice Ajay Rastogi. The panel is to include two IPS officers from the Tamil Nadu cadre who are not natives of the State.
"Looking to the fact that the issue involved certainly has a bearing on the fundamental rights of the citizens and the incident which has shaken the national conscience, deserves fair and impartial investigation. As such, by way of interim measure, direction deserves to be issued to hand over the investigation to the CBI which would lead to fair administration of justice. There cannot be any doubt that fair investigation is the right of a citizen," the bench of the top court had said in the verdict.
It had also passed certain interim directions as follows.
The investigation with respect to the particular FIR registered on September 27 in the Karur Town Police Station be transferred to the CBI.
The Director CBI should forthwith appoint a senior officer for take over the investigation and appoint some other officers for the assistance of the said officer.
The Superintendent of Police and SHO (Station House Officer) of the Karur Town Police Station as well as the SIT set up pursuant to the order of the Single Judge and the Enquiry Commission set-up by the Chief Minister, should immediately hand over the FIR and other relevant papers, evidence digital or otherwise collected till now for further investigation to the officers of the CBI.
Delving into the case, the top court, in its verdict, had noted that after perusal, it can safely be said that there are no inflexible guidelines to decide whether or not such power should be exercised. The CBI probe ought not to be directed in a routine manner or where a party has levelled some allegations against local police. Such powers can be exercised cautiously in exceptional situations where it becomes necessary to provide credibility and instil confidence in the investigation or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights, the top court had said in the order.
It had highlighted that, looking to the political undertone of the case and the fact that, without having regard to the gravity of the incident, the comments which have been made before the media by the top officers of the Police Department, may create doubt in the minds of the citizenry on impartiality and fair investigation. "The faith and trust of the general public in the process of investigation must be restored in the criminal justice system, and one way to instil such trust is by ensuring that the investigation in the present case is completely impartial, independent," the apex court had said.