Madras High Court Orders CBI Probe Into Kallakurichi Hooch Tragedy

The Madras High Court has directed the Central Bureau of Investigation to conduct a probe into the Kallakurichi Hooch Tragedy that claimed the lives of around 67 persons after consuming illicit arrack. A bench of Justice D Krishnakumar and Justice PB Balaji directed the CBI to conduct the probe as expeditiously as possible and also directed the CB-CID to handover the case files and extend cooperation to the investigation. The orders were passed in a batch of petitions seeking a CBI inquiry into the incidents. The petitioners had argued that the state machinery had failed in tackling the sale and consumption of spurious liquor. It was contended that hooch tragedy incidents were not new to the state and that the entire system of Tamil Nadu including the police, revenue authorities, etc had failed which was evident from the preset incident in Kallakurichi.It was further argued that the people had lost faith in the investigating agency and the State itself transferring the collector and suspending the Commissioner of Police was an indication that something was not right.It was also argued that the state police had done shoddy investigations in every hooch tragedy case which has led to collective frustration among people. It was also argued that since Methanol, which was mixed in the alcohol, had been discovered from Pondicherry and since it brings an inter-state issue, it would be appropriate to transfer the investigation to the CID which could effectively carry out the investigation.The AG, however, objected to the CBI probe and submitted that the state had taken all possible steps to prevent such tragedies. He submitted that the Superintendent of Police had been suspended and the ADGP (Enforcement) had been shifted out of the post. The AG also appraised the court that the investigation had been transferred to the CB-CID and a one-man commission comprising of Justice (Retd) B Gokuldas had also been appointed by the Chief Minister to look into the issue and recommend further steps.The AG also submitted that the CB-CID had completed the investigation, arrested 24 individuals, and was ready to file a charge sheet. He also submitted that the source of Methanol had been traced, witnesses were examined and the agency was awaiting the serology and toxicology report before filing the chargesheet. He submitted that there would be no use in transferring the investigation to the central agency at this stage as the agency would then have to begin the investigation from scratch.Counsel for the Petitioners: Mr. V. Raghavachari, Sr. Counsel for Mr. D. Selvam, Mr.N.L. Rajah, Sr. Counsel for Mr.R. Elavarasan, Mr.G.S. Mani, Mr. Elephant G. Rajendran, Mr. S. JanarthananCounsel for the Respondents: Mr.P.S. Raman, Adv. General assisted by Mr.A.Edwin Prabakar State Government Pleader Mr. Hasan Mohamed Jinnah State Public Prosecutor assisted by Mr. R. Muniyappa Raj Additional Public Prosecutor assisted by Mr. M. Sylvester John Mr. K. Srinivasan Special Public ProsecutorCitation: 2024 LiveLaw (Mad) 449Case Title: IS Inbadurai v The Chief Secretary and OthersCase No: WP 16519 of 2024 Click Here To Read/Download The Judgment

Madras High Court Orders CBI Probe Into Kallakurichi Hooch Tragedy

Upasana Sajeev

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