A petition has been filed in the Supreme Court seeking directions to restrain the Chief Minister of Tamil Nadu from holding the portfolio of Home Ministry till completion of the investigation and trial in Sathankulam twin murder case.
The petition has been filed by Advocate A. Rajarajan, National Vice-President of the National Union of Backward classes SC ST & Minorities seeking direction to the investigation officer i.e. CBCID to investigate the role of the Chief Minister in screening and safeguarding the accused police persons at intial stage by giving an open press statement on June 24.
The petitioner has submitted that on June 24, the Chief Minister of Tamil Nadu who also holds the portfolio of Ministry of Home Affairs gave a public statement in the press meet that the deceased persons died due to illness, hence ruling out foul play in the death of the father son duo.
The petitioner further submits that the statement of the Chief Minister is “highly improper, condemnable and contrary to law” because the investigation procedure starting from 154 Cr.P.C and culminating in 173 Cr.P.C. had not even started till June 30 and the magisterial enquiry to determine the cause of death is still at the preliminary stage.
The petitioner has further stated that the statement given by the Chief Minister was with the purpose to safeguard the accused persons and thereby to prevent any adverse remark about his government since the accused persons were coming under the Ministry held by him.
The petitioner has further stated that free and fair investigation is not at all possible under administrative leadership of the Chief Minister who is heading the home department and further the role of Chief Minister in screening and safeguarding the persons accused of 302 IPC by using his official capacity should be investigated.
-India Legal Bureau