‘Something wrong’ in Madras High Court, says SC while hearing Karur stampede case

A bench of justices JK Maheshwari and Vijay Bishnoi made the remark after reviewing a report submitted by the registrar general of the Madras High Court. The apex court had sought the report in October while raising questions on how the case was handled by the Chennai Bench despite Karur falling under the jurisdiction of the Madurai Bench. The bench ordered that the report be circulated among all parties and sought their responses.

‘Something Wrong Is Going On’: Supreme Court Remarks

After examining the registrar general’s explanation, the bench stated, “Something wrong is going on in the high court. This is not a right thing that is happening in the high court…the registrar general has sent a report.”

The Supreme Court had earlier raised doubts about several procedural aspects, including the Chennai Bench intervening in a matter arising from Karur, the constitution of a special investigation team (SIT) comprising only Tamil Nadu police officers in a petition that sought only guidelines for political rallies, and conflicting orders issued by the two benches of the high court on the same day.

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Senior advocate P Wilson, appearing for Tamil Nadu, told the court, “In our high court, whatever is incidental to the issue coming before the court, they pass an order…” Justice Maheshwari responded, “If some practice is wrong…”

Court Declines to Modify ‘Non-Native IPS Officers’ Direction

The bench declined an oral request to reconsider a portion of its October 13 order directing that the CBI probe be supervised by a three-member committee headed by former Supreme Court judge Ajay Rastogi. The order requires Justice Rastogi to select two senior IPS officers from the Tamil Nadu cadre who are not natives of the state.

The court refused to alter the phrase “non-native,” which had triggered political criticism within Tamil Nadu and featured prominently in the state’s affidavit.

Wilson informed the court about the stay on the state-appointed Commission of Inquiry chaired by Justice Aruna Jagadeesan, stating that it would not interfere with the CBI probe and would only make future recommendations. The bench neither lifted the stay nor issued notice.

Tamil Nadu Government’s Affidavit Challenges SC’s Transfer of Probe

The Tamil Nadu government had earlier filed an affidavit arguing that the Supreme Court transferred the investigation to the CBI before the state could file its counter, calling it “adjudication without pleadings.” It said it had been denied the opportunity to place critical factual information on record, including permissions, crowd-control arrangements, NDMA compliance and safety assessments.

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The state’s affidavit stated that the petition filed by TVK did not seek a CBI probe and did not challenge the high court-appointed SIT. It further argued that an accused person cannot select the agency investigating him.

Rebutting the direction requiring two “non-native” officers in the supervisory committee, the state described the distinction as “ex facie unconstitutional” and violative of Articles 14 and 15.

Supreme Court’s October 13 Directions Under Review

The Supreme Court’s October 13 order for a CBI investigation came during hearings on petitions challenging the Chennai Bench’s October 3 decision forming an SIT consisting exclusively of Tamil Nadu police officers, and the Madurai Bench’s refusal to transfer the case to the CBI. The apex court had noted that the political context surrounding the case and public statements by senior police officers could cast doubts on the impartiality of the investigation.