DVAC cannot probe modus operandi of gutka mafia: HC
Wants The CBI To Investigate ‘All Aspects Of Underground Biz’
Sureshkumar.K@timesgroup.com 27.04.2018
Justifying the transfer of investigation into the alleged multicrore gutka scam to CBI, the Madras high court said though the DVAC had powers to curb corruption and take action against government servants, its power would not extend to an inquiry into the modus operandi of the gutka mafia.
“The underground gutka business is a crime against society which needs to be curbed. We deem it appropriate to direct the CBI to investigate into all aspects of the offence of illegal manufacture, import, supply, distribution and sale of gutka which is banned in Tamil Nadu and Puducherry,” the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose said.
Rejecting the argument of the state that the court should not entertain a politically-motivated writ petition filed by a member of a rival party, the bench said, in exercise of power under Article 226 of the Constitution it could entertain a petition in public interest whenever its attention was drawn to any injustice or patent illegality.
This apart, the court concurred with the submissions of P Wilson, senior counsel for petitioner who said that in a democracy, the political opponents played an important role by being the watchdogs of the government. “They are the mouthpiece to ventilate the grievances of the public at large. A petition filed by such persons cannot be brushed aside on the allegation of political vendetta if it is genuine and raises a reasonable apprehension of likelihood of bias in the dispensation of criminal justice system,” Wilson said.
Asserting that there can be no cast iron formula for directing transfer of investigation to CBI, the bench said, “This order is, in our view, not only imperative to stop the menace of the surreptitious sale of gutka which poses a health hazard to people in general and in particular the youth and to punish the guilty, but also to instil faith of the people in the fairness and impartiality of the investigation.
“We see no reason for the state to view the entrustment of investigation to the CBI as an affront to the efficiency or efficacy of its own investigation system and we make it absolutely clear that this direction is not to be construed as any definite finding of this court of the complicity of any constitutional functionary or of any specific official of the state,” the bench said.
Wants The CBI To Investigate ‘All Aspects Of Underground Biz’
Sureshkumar.K@timesgroup.com 27.04.2018
Justifying the transfer of investigation into the alleged multicrore gutka scam to CBI, the Madras high court said though the DVAC had powers to curb corruption and take action against government servants, its power would not extend to an inquiry into the modus operandi of the gutka mafia.
“The underground gutka business is a crime against society which needs to be curbed. We deem it appropriate to direct the CBI to investigate into all aspects of the offence of illegal manufacture, import, supply, distribution and sale of gutka which is banned in Tamil Nadu and Puducherry,” the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose said.
Rejecting the argument of the state that the court should not entertain a politically-motivated writ petition filed by a member of a rival party, the bench said, in exercise of power under Article 226 of the Constitution it could entertain a petition in public interest whenever its attention was drawn to any injustice or patent illegality.
This apart, the court concurred with the submissions of P Wilson, senior counsel for petitioner who said that in a democracy, the political opponents played an important role by being the watchdogs of the government. “They are the mouthpiece to ventilate the grievances of the public at large. A petition filed by such persons cannot be brushed aside on the allegation of political vendetta if it is genuine and raises a reasonable apprehension of likelihood of bias in the dispensation of criminal justice system,” Wilson said.
Asserting that there can be no cast iron formula for directing transfer of investigation to CBI, the bench said, “This order is, in our view, not only imperative to stop the menace of the surreptitious sale of gutka which poses a health hazard to people in general and in particular the youth and to punish the guilty, but also to instil faith of the people in the fairness and impartiality of the investigation.
“We see no reason for the state to view the entrustment of investigation to the CBI as an affront to the efficiency or efficacy of its own investigation system and we make it absolutely clear that this direction is not to be construed as any definite finding of this court of the complicity of any constitutional functionary or of any specific official of the state,” the bench said.
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