Karur Stampede | Unable to understand how this order was passed: Supreme Court reserves order on TVK's plea challenging Madras HC order to set up SIT

The plea was filed challenging the Madras High Court order directing that an SIT be constituted to probe the Karur stampede in which 41 people were killed.

New Delhi: The Supreme Court on Friday questioned the Madras High Court's order setting up an SIT to probe the Karur stampede in which 41 people were killed.

A bench of Justices J K Maheshwari and N V Anjaria reserved its order on a plea filed by Tamil actor Vijay's political party, Tamilaga Vettri Kazhagam (TVK), and others against the high court's order, after hearing submissions from the party, victims, Tamil Nadu government, and others.

The court questioned the high court for passing two seemingly conflicting orders in connection with the Karur stampede, one declining plea for CBI probe, which was passed by the Madurai bench, and another directing a probe by a special investigation team (SIT), passed by the principal bench.

It also wondered how such observations and directions against petitioner TVK were made on a writ petition seeking formulation of Standard Operating Procedure(SOP) on road shows and political rallies.

“We are unable to understand how this order was passed,” the bench said.

The court asked why a plea before the high court for a SOP was entertained by the principal bench, when another petition on stampede was already rejected by the high court's Madurai bench.

The court noted the plea before the principal bench was only for formulation of SOP but the high court went beyond that prayer and ordered a probe by SIT.

Senior advocate Gopal Subramanium, appearing for TVK, said his client was not even made a party.

“How are all these observations made without giving a chance to explain,” he asked, adding that the matter should not have been heard by the principal bench.

Senior advocate Aryama Sundaram, also for TVK, submitted that SIT should be chaired by a retired judge of the Supreme Court who should also decide about its composition.

The party moved the apex court against an order passed by the Madras High Court directing a SIT headed by senior IPS officer Asra Garg, to probe the incident.

The plea contended that despite making an observation, which questioned the independence of the police probe into the matter, the high court directed the constitution of an SIT composed solely of three senior officers from the Tamil Nadu Police.

It also contended that the party and its leaders were prejudiced by the order which appoints an SIT composed solely of officers of the state police, despite the high court expressing its discontent with the independence of state police and its conduct.

The plea claimed that a pre-planned conspiracy by certain miscreants to create trouble at the rally site cannot be ruled out as a cause of the stampede, while pressing for an independent probe.

It said certain strong observations made by the high court against TVK have caused severe prejudice to the political party and its office-bearers.