Supreme Court Stays CBI Investigation In Tamil Nadu BSP Leader Armstrong Murder Case

The Supreme Court today(November 11) stayed the direction for the transfer of the investigation to the Central Bureau of Investigation (CBI) in the murder case of the BSP leader and prominent Dalit activist Armstrong.

A bench comprising Justice JK Maheshwari and Justice Vijay Bishnoi was hearing a special leave petition preferred by the State of Tamil Nadu against the Madras High Court's order, which quashed the chargesheet filed by the State Police in the murder case and transferred the investigation to the CBI. Though the Supreme Court, on October 10, stayed the High Court's order quashing the chargesheet, it did not interdict the CBI investigation.

Today, Senior Advocate Siddharth Luthra(appearing for Tamil Nadu police) refuted the allegations that the State police refused to share the record of the case with the CBI. "Entire documentary record of this case that there are 7400 pages, every aspect of the investigation dealt with, every witness dealt with, and the High Court in six para rubbishes my chargesheet-which is what mylords stayed. Now, please see two things. The consequence of the order of the High Court, which mylords were kind to stay, and now accused have been granted bail, which CBI or I will take appropriate recourse because the trial court has taken a view that nothing will happen, every single witness, everything was there on record. This is 7400 pages and my friend says nothing has happened. Additional documents were also on record."

Justice Maheshwari recalled that the State had not initially asked for a stay on the CBI investigation, and that is why the Court granted the relief which was asked for. Luthra submitted that the State filed the recall application seeking modification of the order later. He clarified: "On that day[when the order was passed], I was desperate that the chargesheet is not quashed."

Considering these submissions, the bench said it's inclined to modify its earlier order, and consequently, the direction for CBI transferred has been stayed. 

Senior Advocate R Basant, assisted by Adv Rahul Shyam Bhandari & G Priyadarshini, for Porkudi, the wife of Armstrong, submitted that the State Police does not deserve to be heard because they did not come with clean hands. He pointed out that the Police have not yet transferred the papers and other documents of the investigation to the CBI. An intervention application has been filed by Porkudi supporting the demand for a CBI investigation into his murder.

Another counsel stated he appears in a contempt petition preferred by the brother of Armstrong. However, the Court said it's not interested in hearing the contempt petition but asked him to file a counter. Justice Maheshwari said: "Why CBI? Court has held CBI should not be handed over in all cases. We don't have so many agencies."

On September 24, Justice P Velmurugan of the High Court passed the order in a petition filed by Armstrong's brother, Keynos, who had sought a CBI probe, alleging that there were major shortcomings in the investigation being carried out by the state police. The High Court held that there were procedural lapses in the investigation and material contradictions in the chargesheet. Porkodi, in her intervention application, stated that she had also filed a separate petition in the Madras High Court questioning the State Police investigation. She points out that since the matter is now before the Supreme Court, the High Court was unlikely to pass orders in her petition.

Armstrong was hacked to death on July 5, 2024, outside his residence in Perambur, Chennai, by a group of armed assailants.