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Thanjavur Girl Suicide: Supreme Court Allows CBI Investigation To Proceed; Issues Notice On TN DGP's Plea Against HC Directions
Sohini Chowdhury
14 Feb 2022 6:37 AM GMT
The Supreme Court on Monday issued notice on the special leave petition filed by Tamil Nadu Director General of Police against the order of the Madras High Court (Madurai Bench) which transferred the investigation in the case relating to the suicide of a girl in Thanjavur to the Central Bureau of Investigation. The Court however refused to interject with the CBI investigation and said...
The Supreme Court on Monday issued notice on the special leave petition filed by Tamil Nadu Director General of Police against the order of the Madras High Court (Madurai Bench) which transferred the investigation in the case relating to the suicide of a girl in Thanjavur to the Central Bureau of Investigation.
The Court however refused to interject with the CBI investigation and said that the probe by the central agency will continue in the meanwhile. The High Court had ordered CBI probe in the matter after taking a critical view of the local police ruling out the allegations that attempts at religious conversion were the cause for the girl's suicide.
"Issue notice returnable in 4 weeks. Counter affidavit 2 weeks and rejoinder if any within 2 weeks. In the meanwhile investigation in terms of impugned order will continue", a bench comprising Justices Sanjiv Khanna and Bela M Trivedi ordered.
The bench also issued notice in a connected Special Leave Petition filed by the congregation 'The Immaculate Heart of Mary Society', which runs the missionary school in which the girl was studying, challenging the High Court order.
When the matter was taken, the bench asked Senior Advocate Mukul Rohatgi, who was representing the TN DGP, if the police were aggrieved by both the adverse observations and the final directions.
"There are two aspects of the matter. One is there are certain observations recorded in the impugned judgment. There is the final order directing probe by CBI. Are you aggrieved by both?", Justice Khanna asked Rohatgi.
Rohatgi replied that the grievance was with respect to both aspects.
"Really speaking in terms of what of all has happened, it might not be appropriate for us to interject in the investigation of CBI. We will issue notice on the first aspect", the bench said.
"With great respect, this was not a case of any other ramifications. The HCs interferes and day to day orders are passed. A dying declaration is on record. This is not an exceptional case. This is not a case that should reflect on the police of the state. Why such a big issue is made about it? Every day HC is passing order", Rohatgi submitted.
"Something that happened during the pendency of the case weighed with the High Court", Justice Khanna observed.
Senior Advocate P Wilson, appearing for the State of Tamil Nadu, submitted that the single bench overstepped the jurisdiction by ordering the CBI probe. He submitted that as per the roster, the single bench had only jurisdiction to deal with the state police investigation. The prayer in the petition was only for CB-CID probe, and CBI probe was sought only through an oral prayer, he added. Therefore, Wilson submitted that the single bench ought to have transferred the matter then to the concerned bench dealing with CBI matters.
"We were taken by surprise when during the hearing CBI investigation was sought. There were no pleadings", Wilson submitted. He also submitted that the State Government was not made a party in the writ petition. The bench pointed out that consent of the State Government was immaterial when the High Court is ordering CBI investigation.
The bench said that it will issue notice on the petition but will allow the CBI probe to continue in the meanwhile. "As far as the investigation with CBI, let it go on. Mr. P. Wilson pass on the evidence collected to CBI", Justice Khanna said while adding that the State should not make this a "prestige issue".
Senior Advocate Mahesh Jethmalani appeared for the girl's father (who had petitioned the High Court) on caveat. Senior Advocate Nitya Ramakrishnan appeared for the congregation.
The High Court, in its January 31 order, had ordered by the CBI probe after taking a critical view of the stand taken by the local police that there was no basis for the allegation that the suicide was due to the forced attempts by the girl's Missionary School to convert her to Christianity.
In the Special Leave Petition, the DGP has also sought the expunction of certain adverse remarks made by the High Court against the state police probe.
The State has challenged all the interim orders including orders dated 21st, 22nd, 24th January 2022 on ground that they interfered with the investigation.
The girl, a Class 12 student of Sacred Heart Higher Secondary School, Michealpatti, had died on January 19 following an attempt to suicide. After her death, certain video clips of her recorded by a third party named Muthuvel emerged in social media, in which the girl had allegedly made statements about forcible conversion attempts.
The High Court had criticized the Superintendent of Police Tanjavur for making a press statement to rule out the conversion angle at an early stage.
The Court had also noted that the State Education Minister and two other High Ranking Ministers issued public statements exonerating the school management. The Education Department also released a report absolving the school. In this backdrop, the Court observed:
"It is too early in the day for the police or the politicians to jump to conclusions. But they have done so. That is why, the petitioner is apprehensive that if the investigation remains with State police, he will not get justice. His apprehension is justified" the court said
The High Court had further observed "What led the child to suicide has to be investigated. Before the investigation officer, the dying declaration of the child is available. Their authenticity is undoubted. Without doing so, District Superintendent of Police wanted to completely suppress the conversion angle. The foregoing circumstances cumulatively taken will definitely create an impression that the investigation is not proceeding on the right lines. Since a high ranking Hon'ble Minister himself has taken a stand, investigation cannot continue with the State Police".
The Court had observed that there was a "counter-narrative" being built that the girl was ill-treated at her home by her father and step-mother. Further, the I.T wing of the ruling party released portions of the private video that appear to exonerate the school authorities, which again raises considerable doubts about the credibility and impartiality of the investigation made by the State police, the Court said.
The deceased, a 12th Standard student in Thooya Irudhaya Higher Secondary School at Thirukattupalli, was staying at the School Hostel itself. Allegedly, she consumed poison (pesticide) inside the hostel premises on 9th January. The police took her statement on 16th January, based on which, the hostel warden was booked for offences under Sections 305, 511 of IPC and Sections 75 and 82(1) of Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner also submitted that the school management tortured her for not converting to Christianity.
The Prosecution had argued that the case was being politicized and communalized by certain vested interests and maintained that the investigation was going in the right track. The Court was told that Muthuvel, who took the video, was not cooperating with the investigation.