Madras HC dismisses petition for CBI probe into encounter'
Loopholes pointed out in Venkatesa Pannaiyar case.
Chennai: The Madras high court has dismissed a petition filed by the wife of Venkatesa Pannaiyar seeking CBI probe into the murder of her husband in police encounter 14 years ago.
While dismissing the petition, a division bench comprising justices S. Nagamuthu and Dr Anita Sumanth pointed out several loopholes in the probe by in inspector, who was subordinate of the commissioner of police of Chennai and also subordinate to the deputy commissioner of police, who encountered Venkatesa Pannaiyar.
The DCP was a superior officer to the inspector, who investigated the case. It is not explained to the court as to why it was not thought of that the investigation should have been entrusted to at least an officer above the rank of DCP Chennai city and it was also not explained to the court as to why the officer who was far below in the hierarchy to DCP was allowed to investigate the case.
“It is crystal clear that the investigation should have been entrusted to other agency like CBI or at least to CB-CID so as to unearth the truth and instil confidence in the system in the minds of the people. Unfortunately, it was not done by the government on its own.”
“Since the investigation of the case was done by inspector, who was subordinate to the DCP who shot Venkatesa Pannaiyar dead, now the questions is at this length of time whether it would sub serve the cause of justice in transferring the case to CBI. We are pained to say that it would not.”
Dismissing the plea, the bench said, “speedy and fair investigation and fair trial are part of the fundamental rights guaranteed under article 21 of the Constitution of India.”
“In this case in our considered view, if the investigation is transferred to CBI at this length of time and investigation is commenced afresh, it would offend fair and speedy investigation guaranteed under Article 21 of the Constitution. For these reasons, we are unable to transfer the case to the CBI for investigation as prayed for by the petitioners.”