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The Madras High Court ordered the Central Bureau of Investigation (CBI) to launch a detailed inquiry into the June spurious liquor case in Kallakurichi, where 68 people died.
Justice D Krishnakumar and Justice PB Balaji, on Wednesday also expressed the court’s disappointment, claiming the Tamil Nadu government failed to take necessary action against officials involved.
The High Court also questioned why the main accused in the Kallakurichi, who was a repeat offender, had not been under surveillance.
“It bewilders us that the prime accused, Kannukutty alias Govindaraj, despite several cases slapped on him, admittedly, goes around scot free, selling illicit arrack. Questions like why and how the police are not able to bring him to book arise, to only strengthen the apprehensions that all has not been well and the police have turned a total blind eye in the case,” the court stated.
The judges also came down heavily against the state government for not being able to mention the disciplinary action taken against any officials.
“The incident occurred within a stone’s throw distance from the police station, really stuns us as to how it could have gone unnoticed. To top it all, when senior police officials were suspended immediately, one of the suspensions was even revoked without proper reasons. Yet, despite all the suspensions and posting of one of the top officers in a non-sensitive post, the State has not been able to demonstrate what disciplinary action has been initiated against these officers,” the court noted.
The High Court stated that the situation suggested two possibilities. Either there was a corrupt link between those involved in making and selling illicit liquor and the police, or the suspensions were just “knee-jerk reactions in the heat of the moment merely to appease the public.”
In either case, the court criticised the state government’s response, calling it inadequate and highlighting their inaction and deliberate silence.
The Court stated that, based on its discussion and Supreme Court rulings on case transfers to the CBI, the Kallakurichi hooch tragedy was an exceptional case.
“This Court is of the prima facie view that this Kallakurichi hooch tragedy case is one of the realest of the rare cases which warrants a fair and impartial investigation by the CBI,” the court stated, ordering the CBI to take over the case.
Reactions to this development were mixed. Tamil Nadu law minister S Reghupathy expressed his surprise, saying his government was “prompt” in its current investigation.
“The Tamil Nadu CB-CID police have excelled in collecting evidence and identifying those responsible for the incident. The Tamil Nadu police, often compared to Scotland Yard, are renowned internationally for their efficiency. The High Court’s decision to transfer the case to the CBI has come as a surprise,” the minister said.
“While court verdicts must not be criticised, such decisions can lead to administrative friction between state and central governments. Additionally, a fresh CBI investigation could result in further delays,” he added.
DMK organising secretary RS Bharati, also, defended the Tamil Nadu government saying the “investigation was going on in the right manner.”
“The government will now decide if they will go for an appeal or not. People are with us. After the Kallakurichi incident, a by-election took place in the neighbouring Vikravandi constituency where we won by a huge margin,” Bharati said.
Tamil Nadu BJP state president K Annamalai, on the other hand, welcomed the Madras High Court’s decision.
In a social media post, Annamalai attributed the tragedy to the DMK government’s administrative failure. He noted that the court’s decision came in response to writ petitions from Opposition parties, including the BJP.
Citing the court’s observations on the state police’s failure to detect the sale of spurious liquor, Annamalai stated that the government appeared to shield the real culprits by conducting a lax investigation.