The Madras High Court has rapped the CBI for filing a charge-sheet only against five constables in the February 19, 2009 advocates-police clash case.
Taking serious exceptions to the counter-affidavit filed by the CBI, a division bench comprising justices V Dhanapalan and C T Selvam observed the charge-sheet only reflected the stand of the State police on the issue.
“Are you a spokesperson of the State Police? How can you give a clean chit to the police (higher) officials? You have pinpointed only five poor cops and filed the charge-sheet against them. Do you claim that only five cops are responsible for the episode? This is the time for you to show your power. The five constables could not have done this. Various committees had been formed, in which I (Justice Dhanapalan) was also a member. We have walked on broken glass pieces,” the HC bench recalled.
The judge was passing orders on a writ petition from advocate K Muthuramalingam seeking to appoint a Special Investigation Team (SIT) of expert investigators to probe the case and file the charge-sheet within the time frame to be stipulated by the court. Tamil Nadu Advocates Association president S Prabakaran and petitioner Muthuramalingam contended that no truth would come out if the SIT was not constituted. The CBI was attempting to shield the police personnel, including top officials involved in the unprecedented attack on the advocates on February 19, 2009.
Earlier, in its counter, the CBI submitted that a report will be filed in due course of time against senior police officers Radhakrishnan, the then Police Commissioner, A K Viswanthan, the then Addl. Commissioner of Police (L&O), Ramasubramani, the then Joint Commisosioner of Police (North) and Premanand Sinha, former Dy. Commissioner of Flower Bazaar.
It was incorrect to allege that the investigation was being conducted for the past four years. After the deposition of case diaries and connected documents in the first week of February, 2010, no probe was conducted by the CBI.
The charge-sheet against the five cops had been filed before the Additional Chief Metropolitan Magistrate in Egmore, based on the probe, materials and the evidence given by people from all walks of life, the counter added. The bench said that already the matter was decided by a full bench of this High Court.
“Therefore, we direct the Registry to place the matter before the Acting Chief Justice (RK Agrawal) for appropriate orders.’’