Supreme Court Transfers Investigation to CBI, But What Are The Implications for Judicial Power and Public Trust? Richardson Wilson / OCT 21, 2025, 22:20 IST

[22/10, 08:22] Sekarreporter: https://timesofindia.indiatimes.com/city/chennai/karur-stampede-supreme-court-transfers-investigation-to-cbi-implications-for-judicial-power-and-public-trust/articleshow/124725374.cms
[22/10, 08:23] Sekarreporter: ”
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Karur Stampede: Supreme Court Transfers Investigation to CBI, But What Are The Implications for Judicial Power and Public Trust?
Richardson Wilson / OCT 21, 2025, 22:20 IST

Forty-one people died and several were injured in the stampede at TVK leader Vijay’s political rally in Karur on Sept 27; a CBI probe has since been ordered
Richardson Wilson
When the Supreme Court, in a recent interim order, transferred the Karur investigation to the CBI, it reopened a debate on the limits of judicial power.
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The stampede at TVK leader Vijay’s political rally on Sept 27, where 41 people were killed, had already set in motion several layers of inquiry.

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The state set up a commission led by Justice Aruna Jagadeesan, a retired judge of the Madras high court, and police filed an FIR against party functionaries Mathiyalagan, Bussy Anand, and C T R Nirmal Kumar.
Writ petitions before the Madurai bench sought SOPs for public meetings and a CBI probe. The bench directed the state to allow rallies only at designated venues but refused to transfer the case. A writ petition was also filed before the Madras bench to frame guidelines for roadshows by political parties.

On this petition, a single bench on Oct 3 appointed a special investigation team (SIT) headed by inspector general of police Asra Garg to inquire into the incident.
All the orders were challenged in SC. Two more writ petitions were filed by victims’ families seeking a CBI probe. SC, in an interim order, transferred the investigation to the CBI and set up a supervisory committee headed by retired SC judge Justice Ajay Rastogi, to issue directions to CBI. Justice Rastogi was also empowered to select two IPS officers of IG rank or above — preferably from Tamil Nadu cadre though not “natives” — to assist him.

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The power to maintain public order and policing is vested solely with states under Entries 1 and 2 of List II in Schedule VII of the Constitution. The Union cannot interfere in law and order matters except in extreme situations where Article 356 may be invoked. The Delhi Special Police Establishment Act, 1946, which empowers CBI is an exception to this rule but the consent of the state govt is essential for the CBI to enter any state.

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In recent years, several non-BJP-ruled states, including TN, have withdrawn consent, citing misuse of central agencies for political gain.
As a judge-made exception, a constitution bench of SC in State of West Bengal vs CPDR ruled that state govt consent is not required when SC or HC transfers an investigation to CBI. However, this power must be exercised sparingly and with caution, not merely because allegations have been levelled against the local police.
In the Karur case, SC has given three reasons for its interim order: presence of political undertones; public comments by senior police officers to media; need to preserve public faith in the investigation.
The reason of ‘political undertones’ is against what was laid down in State of West Bengal. In every case involving mass casualties, political allegations are inevitable. In Jan, when a crowd swell at the Kumbh Mela claimed 30 lives, opposition parties criticised the Uttar Pradesh govt for inadequate arrangements. But does that mean the case should automatically be handed to CBI because it carried political overtones?
The second reason, that senior police officers and bureaucrats made public comments, does not, by itself, threaten the fairness of an investigation.

After a tragedy of this scale, it is unrealistic to expect the bureaucratic leadership to remain silent, especially