On August 2, the Supreme Court stayed a Madras High Court order that called for a fresh investigation by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) into the assets of police and government officials accused in the 2018 Thoothukudi Police Firing during anti-Sterlite protests.
The High Court had previously issued this directive. This was in response to a plea challenging the National Human Rights Commission’s (NHRC) closure of investigation into the incident.
Court Observation
Senior Advocate Kapil Sibal, representing the accused police officials. He argued that the NHRC’s report was favourable to them. He highlighted that the police only opened fire on the 100th day of the protest. This was after Section 144 of the CrPC was imposed. The NHRC report indicated the police were attacked by numerous protestors who overpowered them.
The 2018 protests in Tuticorin were against the Vedanta Group’s planned expansion of the Sterlite copper smelter plant. Protestors claimed the plant caused severe pollution, contaminating local water bodies. This causing health issues for residents. The police firing on May 22, 2018, resulted in 13 deaths.
Next steps
The Supreme Court bench was led by CJI DY Chandrachud and including Justices JB Pardiwala and Manoj Misra. They agreed to review the case and ordered a stay on the High Court’s directive until the next hearing.
The High Court’s July 15 order had directed the DVAC to investigate the assets of the officials. This is in connection with the firing. The High Court expressed dissatisfaction on July 29 with the CBI’s failure to identify the true culprits. Thus, granting the DVAC three months for a fresh inquiry.
Background
The CBI report, submitted to the Chief Judicial Magistrate (CJM) of Madurai, was rejected in December 2023, prompting the CJM to order a new investigation. The initial complaint by Mr. Arjunan named multiple individuals, but the CBI’s final report implicated only Inspector R Thirumalai.
The Madras High Court, with Justices SS Sundar and N Senthilkumar presiding, criticised the CBI for its inadequate investigation and suggested that the police acted with an agenda favouring industrialists. The court emphasised the need to prevent similar incidents in the future and expressed dismay at the targeting of unarmed protestors.
Conclusion
The High Court noted significant lapses in the CBI’s investigation, including neglecting crucial events and ignoring the findings of the Justice Aruna Jagadeesan Committee report, which held Tamil Nadu government officials accountable for mismanagement and resulted in departmental action against those involved.
The Justice Jagadeesan Committee report, tabled in the Tamil Nadu Assembly in 2018, confirmed the deaths of 13 people in the firing and highlighted the responsibility of state officials.
