Madras HC reserves verdict on gutka scam
TNN | Updated: Jan 26, 2018, 07:47 IST
CHENNAI: The way the Tamil Nadu government is opposing a simple PIL for CBI probe into the alleged gutka scam it is prompting the court to go deeper into the issue, noted the first bench of the Madras high court on Thursday.
"Why such a strong resistance? When there are different agencies, and other states are involved, why cannot the CBI handle the case and the state provide assistance to them?" the first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose asked.
After a four-hour argument by the state, the directorate of vigilance and anti-corruption (DVAC), food safety department and the petitioner J Anbazhagan of DMK, the bench reserved its order, asking all parties to file written arguments by January 30.
Earlier, advocate general Vijay Narayan said the case being predominately against state government officials, it should be probed by DVAC, with cooperation from the CBI, and not vice versa. Moreover, the DVAC probe is in the final stages, he said. Additional advocate-general P H Aravind Pandian for the DVAC submitted that the petitioner J Anbazhagan had not filed the PIL in his private capacity, but as a member and legislator of DMK, with political motive.
"The crux of the contention of the petitioner is that when the DGP who is the head of the state police force is arrayed as an accused, the probe conducted by DVAC cannot be fair. But the fact is that the officials of DVAC does not report to the DGP or any other police official for that matter. The official of DVAC though drawn from the police force, they fall under public administration department and report to its secretary," Pandian said.
P Wilson, senior counsel for the petitioner, said: "Even the FIR was registered after the issue was highlighted in the state assembly by the opposition. When such was the situation, how can we accept that DVAC would conduct a fair probe? Moreover, finding holes in the probe conducted by the DVAC is not the issue at all. Inflicting confidence in the people's mind that a fair and transparent probe would be conducted is the need of the hour," Wilson added.
TNN | Updated: Jan 26, 2018, 07:47 IST
CHENNAI: The way the Tamil Nadu government is opposing a simple PIL for CBI probe into the alleged gutka scam it is prompting the court to go deeper into the issue, noted the first bench of the Madras high court on Thursday.
"Why such a strong resistance? When there are different agencies, and other states are involved, why cannot the CBI handle the case and the state provide assistance to them?" the first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose asked.
After a four-hour argument by the state, the directorate of vigilance and anti-corruption (DVAC), food safety department and the petitioner J Anbazhagan of DMK, the bench reserved its order, asking all parties to file written arguments by January 30.
Earlier, advocate general Vijay Narayan said the case being predominately against state government officials, it should be probed by DVAC, with cooperation from the CBI, and not vice versa. Moreover, the DVAC probe is in the final stages, he said. Additional advocate-general P H Aravind Pandian for the DVAC submitted that the petitioner J Anbazhagan had not filed the PIL in his private capacity, but as a member and legislator of DMK, with political motive.
"The crux of the contention of the petitioner is that when the DGP who is the head of the state police force is arrayed as an accused, the probe conducted by DVAC cannot be fair. But the fact is that the officials of DVAC does not report to the DGP or any other police official for that matter. The official of DVAC though drawn from the police force, they fall under public administration department and report to its secretary," Pandian said.
P Wilson, senior counsel for the petitioner, said: "Even the FIR was registered after the issue was highlighted in the state assembly by the opposition. When such was the situation, how can we accept that DVAC would conduct a fair probe? Moreover, finding holes in the probe conducted by the DVAC is not the issue at all. Inflicting confidence in the people's mind that a fair and transparent probe would be conducted is the need of the hour," Wilson added.
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