HC shocked over tardy progress in probe against IPS officer
CHENNAI, JULY 28, 2018 00:00 IST
Alleging the CB-CID had closed the main case, petition seeks CBI investigation
The Madras High Court on Friday expressed shock over allegations of Crime Branch-Criminal Investigation Department (CB-CID) officers not having conducted proper investigation into a criminal case involving Indian Police Service (IPS) officer P. Sivanandi and a connected case booked with respect to an attack on the residence of the Madras High Court Chief Justice’s residence in April 2015.
Justice P.N. Prakash called for a status report from the CB-CID on the investigation conducted for the last three years and stayed all further proceedings pending before a Metropolitan Magistrate here for two weeks.
The orders were passed on a petition filed by the complainant D. Pandiraj seeking transfer of investigation to Central Bureau of Investigation (CBI).
In March 2015 Mr. Pandiraj, an agriculturist from Madurai, had lodged a complaint against Sujai Anand, Sailaja Reddy, S.V. Subramaniam and a few others accusing them of taking Rs. 50 lakh from him, promising to invest the money in a cola manufacturing unit and make him one of the shareholders of the company.
On April 1, 2015, when the complainant was returning from the Central Crime Branch office here after attending an enquiry, he was waylaid by a gang, reportedly at the behest of the IPS officer, and threatened of dire consequences if he did not withdraw the complaint. He lodged a complaint and a separate case was booked.
The police probe revealed the involvement of an advocate too in the incident. Sensing imminent arrest, a group of lawyers went to the Chief Justice’s residence on Greenways Road for a special motion to move anticipatory bail since April 3 was a Good Friday and it was followed by Saturday and Sunday, which were holidays for the court.
The then Chief Justice Sanjay Kishan Kaul was in New Delhi to attend the All India Conference of Chief Justices. Hence, the police did not allow them inside. Suspecting that they were being deceived, the lawyers broke the police cordon, barged into the residence of the Chief Justice and created a ruckus.
In an order passed on July 24, 2015, ordering a CB-CID enquiry into the cheating, threatening as well as house trespass cases, Mr. Justice Prakash said: “The glorious reputation of the Madras High Court reached its nadir (when the lawyers barged into the Chief Justice’s residence). The police remained stoic and allowed a free hand for the lawyers to have their way.
‘Shameful act’
“This incident once again proved how defenceless judges are! Police, except giving a smart salute, would never protect a judge for obvious reasons. That lawyers would be protective of judges has been proved to be a myth now. Be that as it may, the attack and siege by the lawyers at the Chief Justice’s house is undoubtedly a shameful act.”
Observing that it was a textbook case which demonstrated the evil effects of an unholy nexus between a serving senior police officer, advocates, businessmen and goondas, the judge ordered a CB-CID probe. However, in his present petition seeking CBI probe, the complainant claimed that the CB-CID had closed the main case, booked on charges of cheating, as a “mistake of fact” and had not conducted any investigation .
CHENNAI, JULY 28, 2018 00:00 IST
Alleging the CB-CID had closed the main case, petition seeks CBI investigation
The Madras High Court on Friday expressed shock over allegations of Crime Branch-Criminal Investigation Department (CB-CID) officers not having conducted proper investigation into a criminal case involving Indian Police Service (IPS) officer P. Sivanandi and a connected case booked with respect to an attack on the residence of the Madras High Court Chief Justice’s residence in April 2015.
Justice P.N. Prakash called for a status report from the CB-CID on the investigation conducted for the last three years and stayed all further proceedings pending before a Metropolitan Magistrate here for two weeks.
The orders were passed on a petition filed by the complainant D. Pandiraj seeking transfer of investigation to Central Bureau of Investigation (CBI).
In March 2015 Mr. Pandiraj, an agriculturist from Madurai, had lodged a complaint against Sujai Anand, Sailaja Reddy, S.V. Subramaniam and a few others accusing them of taking Rs. 50 lakh from him, promising to invest the money in a cola manufacturing unit and make him one of the shareholders of the company.
On April 1, 2015, when the complainant was returning from the Central Crime Branch office here after attending an enquiry, he was waylaid by a gang, reportedly at the behest of the IPS officer, and threatened of dire consequences if he did not withdraw the complaint. He lodged a complaint and a separate case was booked.
The police probe revealed the involvement of an advocate too in the incident. Sensing imminent arrest, a group of lawyers went to the Chief Justice’s residence on Greenways Road for a special motion to move anticipatory bail since April 3 was a Good Friday and it was followed by Saturday and Sunday, which were holidays for the court.
The then Chief Justice Sanjay Kishan Kaul was in New Delhi to attend the All India Conference of Chief Justices. Hence, the police did not allow them inside. Suspecting that they were being deceived, the lawyers broke the police cordon, barged into the residence of the Chief Justice and created a ruckus.
In an order passed on July 24, 2015, ordering a CB-CID enquiry into the cheating, threatening as well as house trespass cases, Mr. Justice Prakash said: “The glorious reputation of the Madras High Court reached its nadir (when the lawyers barged into the Chief Justice’s residence). The police remained stoic and allowed a free hand for the lawyers to have their way.
‘Shameful act’
“This incident once again proved how defenceless judges are! Police, except giving a smart salute, would never protect a judge for obvious reasons. That lawyers would be protective of judges has been proved to be a myth now. Be that as it may, the attack and siege by the lawyers at the Chief Justice’s house is undoubtedly a shameful act.”
Observing that it was a textbook case which demonstrated the evil effects of an unholy nexus between a serving senior police officer, advocates, businessmen and goondas, the judge ordered a CB-CID probe. However, in his present petition seeking CBI probe, the complainant claimed that the CB-CID had closed the main case, booked on charges of cheating, as a “mistake of fact” and had not conducted any investigation .
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