Thanjavur Girl Suicide: Supreme Court Allows CBI Investigation To Proceed; Issues Notice On TN DGP's Plea Against HC Directions

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. Arguing that there were no circumstances warranting the transfer of investigation from the State Police, the DGP has sought a stay of the order passed by a single bench of Justice GR Swaminathan.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. Through its order dated 22nd January, the Madras High Court had asked the police authorities to focus on the circumstances that led to the girl's suicide and directed the District Collector to make necessary arrangements to transfer the body to the deceased child's native place. Pertinently, the court also gave a strict mandate to the police not to harass the person who filmed the video of the girl child. On 24th January, the High Court had ordered the forensic analysis of the viral video in which the deceased had allegedly spoken about the...

Thanjavur Girl Suicide: Supreme Court Allows CBI Investigation To Proceed; Issues Notice On TN DGP's Plea Against HC Directions

Sohini Chowdhury

Tags