Lavanya case Mr. Mukul Rohatgi & Mr. P. Wilson appeared for the Police and submitted that the HC’s order was illegal on account of the following:

Today the SLP filed by the DGP against the order of Madras High Court transferring the investigation in the Lavanya suicide case to CBI came up before the Hon’ble Supreme Court Bench comprising of Hon’ble Mr. Justice Sanjiv Khanna & Hon’ble Mrs. Justice Bela Trivedi.

Mr. Mukul Rohatgi & Mr. P. Wilson appeared for the Police and submitted that the HC’s order was illegal on account of the following:
1. The HC had literally taken over the investigation by issuing day to day orders
2. The prayer in the Crl OP itself was transfer of investigation to CB-CID whereas the judge on his own, without pleadings or prayer has transferred to CBI. There was no prayer, pleadings or grounds for transferring to CBI.
3. The HC has passed several disparaging remarks against the State Police without giving adequate opportunity.
4. The matter was posted only for filing of viscera, post-mortem and forensic lab reports on 28.1.2022. On that day the judge hurriedly, without giving the Respondent police an opportunity to even file a counter or defend itself with necessary documents transferred the investigation, without waiting for the reports it called for and has passed final orders. The Learned judge has relied upon two movies, one news paper and one magazine to transfer the investigation.
5. The ld. Judge has assumed the roster, when the roster of CBI matters was not with him. That is gross judicial impropriety. He ought to have placed the matters before the Chief Justice and only after Chief Justice approval he should have proceeded with the case. Even otherwise there is no prayer or pleadings or case made out for CBI investigation
6. The State Government was not made a party in the Crl. O P. whereas as per the constitution bench decision, for transfer of investigation to CBI, the State should be heard.
7.The Criminal court has no power to transfer investigation which could be done only by a writ court under art 226 of constitution.
8. There was no tearing hurry to proceed with the case and passing orders
9. The day when case was heard the learned judge posted it for filing viscera report and post-mortem report besides the report of forensic laboratory report on the videos. Surprisingly the learned judge proceeded with the matter me entertained oral request for CBiI transfer and decided the case hurriedly and hearing of the case all does not appear to be fair and reasonable

After hearing both ld. Senior Counsels, the Hon’ble Court has observed that let the CBI investigation continue but issued notice in the SLP with regard to expunging certain portions of the order.

Today the SLP filed by the DGP against the order of Madras High Court transferring the investigation in the Lavanya suicide case to CBI came up before the Hon’ble Supreme Court Bench comprising of Hon’ble Mr. Justice Sanjiv Khanna & Hon’ble Mrs. Justice Bela Trivedi.

Mr. Mukul Rohatgi & Mr. P. Wilson appeared for the Police and submitted that the HC’s order was illegal on account of the following:
1. The HC had literally taken over the investigation by issuing day to day orders
2. The prayer in the Crl OP itself was transfer of investigation to CB-CID whereas the judge on his own, without pleadings or prayer has transferred to CBI. There was no prayer, pleadings or grounds for transferring to CBI.
3. The HC has passed several disparaging remarks against the State Police without giving adequate opportunity.
4. The matter was posted only for filing of viscera, post-mortem and forensic lab reports on 28.1.2022. On that day the judge hurriedly, without giving the Respondent police an opportunity to even file a counter or defend itself with necessary documents transferred the investigation, without waiting for the reports it called for and has passed final orders. The Learned judge has relied upon two movies, one news paper and one magazine to transfer the investigation.
5. The ld. Judge has assumed the roster, when the roster of CBI matters was not with him. That is gross judicial impropriety. He ought to have placed the matters before the Chief Justice and only after Chief Justice approval he should have proceeded with the case. Even otherwise there is no prayer or pleadings or case made out for CBI investigation
6. The State Government was not made a party in the Crl. O P. whereas as per the constitution bench decision, for transfer of investigation to CBI, the State should be heard.
7.The Criminal court has no power to transfer investigation which could be done only by a writ court under art 226 of constitution.
8. There was no tearing hurry to proceed with the case and passing orders
9. The day when case was heard the learned judge posted it for filing viscera report and post-mortem report besides the report of forensic laboratory report on the videos. Surprisingly the learned judge proceeded with the matter me entertained oral request for CBiI transfer and decided the case hurriedly and hearing of the case all does not appear to be fair and reasonable

After hearing both ld. Senior Counsels, the Hon’ble Court has observed that let the CBI investigation continue but issued notice in the SLP with regard to expunging certain portions of the order.

Today the SLP filed by the DGP against the order of Madras High Court transferring the investigation in the Lavanya suicide case to CBI came up before the Hon’ble Supreme Court Bench comprising of Hon’ble Mr. Justice Sanjiv Khanna & Hon’ble Mrs. Justice Bela Trivedi.

Mr. Mukul Rohatgi & Mr. P. Wilson appeared for the Police and submitted that the HC’s order was illegal on account of the following:
1. The HC had literally taken over the investigation by issuing day to day orders
2. The prayer in the Crl OP itself was transfer of investigation to CB-CID whereas the judge on his own, without pleadings or prayer has transferred to CBI. There was no prayer, pleadings or grounds for transferring to CBI.
3. The HC has passed several disparaging remarks against the State Police without giving adequate opportunity.
4. The matter was posted only for filing of viscera, post-mortem and forensic lab reports on 28.1.2022. On that day the judge hurriedly, without giving the Respondent police an opportunity to even file a counter or defend itself with necessary documents transferred the investigation, without waiting for the reports it called for and has passed final orders. The Learned judge has relied upon two movies, one news paper and one magazine to transfer the investigation.
5. The ld. Judge has assumed the roster, when the roster of CBI matters was not with him. That is gross judicial impropriety. He ought to have placed the matters before the Chief Justice and only after Chief Justice approval he should have proceeded with the case. Even otherwise there is no prayer or pleadings or case made out for CBI investigation
6. The State Government was not made a party in the Crl. O P. whereas as per the constitution bench decision, for transfer of investigation to CBI, the State should be heard.
7.The Criminal court has no power to transfer investigation which could be done only by a writ court under art 226 of constitution.
8. There was no tearing hurry to proceed with the case and passing orders
9. The day when case was heard the learned judge posted it for filing viscera report and post-mortem report besides the report of forensic laboratory report on the videos. Surprisingly the learned judge proceeded with the matter me entertained oral request for CBiI transfer and decided the case hurriedly and hearing of the case all does not appear to be fair and reasonable

After hearing both ld. Senior Counsels, the Hon’ble Court has observed that let the CBI investigation continue but issued notice in the SLP with regard to expunging certain portions of the order.