SUPREME COURT OF INDIA
B.R. GAVAI, K.V. VISWANATHAN, JJ.
Dr. Subramanian Swamy - Petitioner
Versus
The State Of Andhra Pradesh & Ors. - Respondents
Writ Petition(S)(Civil) No(S). 622 Of 2024, (For Admission and IA No.222573/2024-Permission To Appear And Argue In Person) With W.P.(C) No. 628 Of 2024 (PIL-W) (For Admission), W.P.(C) No. 630 Of 2024 (PIL-W) (For Admission) With Writ Petition(s)(Civil) No(s). 645 Of 2024 (X) And Writ Petition(S)(Civil) No(S). 640 Of 2024 (PIL-W), (IA No. 225192/2024 - Permission To Appear And Argue In Person)
Decided On : 04-10-2024
INVESTIGATION - PRASADAM ADULTERATION - The court ordered the establishment of an independent Special Investigation Team (SIT) to investigate allegations of adulterated ghee used in prasadam preparation, emphasizing the need for public confidence and sentiment protection. The court highlighted the importance of a credible investigation to address the serious allegations affecting devotees worldwide, while clarifying that this decision does not reflect on the existing SIT's integrity.
Fact of the Case:
Petitioners sought a deeper investigation into allegations of adulterated ghee used in prasadam preparation, which could hurt the sentiments of devotees. An FIR was registered regarding the adulteration of ghee supplied on two occasions.
Finding of the Court:
The court found that the investigation should be conducted by an independent SIT, including representatives from the CBI, State Government, and FSSAI, under the supervision of the CBI Director, to ensure credibility and public trust.
Issues: Whether the investigation into the allegations of adulterated ghee should be conducted by the existing SIT or an independent agency, and how to address public sentiment regarding the matter.
Ratio Decidendi: The court emphasized the necessity of an independent investigation to maintain public confidence and address the serious nature of the allegations, while ensuring that the integrity of the existing SIT was not questioned.
Result: The court disposed of the petitions by substituting the existing SIT with a new independent SIT and directing it to operate under the supervision of the CBI Director.
ORDER :
1. These petitions have been filed by the petitioners seeking various reliefs including a direction to constitute a Committee consisting of a retired Judge of this Court or a retired Chief Justice of the High Court for the purpose of deeper probe into the allegations contained against the manufacture/preparation of prasadam and the Trust.
2. An FIR has been registered alleging therein that the ghee received in two tankers supplied on 06.07.2024 and two tankers supplied on 12.07.2024 by the same supplier found to be adulterated.
3. It is the allegation in the FIR that the adulterated ghee was used in manufacture/preparation of prasadam/laddoos. The allegations in the FIR has the potential of hurting the sentiments of crores of devotees/people residing worldwide.
4. On the last date, we had requested Shri Tushar Mehta, learned Solicitor General of India to take instructions as to whether the investigation can be continued by the Special Investigation Team (SIT) which was constituted by the State Government or it should be conducted by an Investigating Agency.
5. Shri Tushar Mehta, learned Solicitor General of India, on instructions, states that he has enquired about the credentials of the Members of the SIT constituted by the State Government and found that all the members of the SIT constituted by the State Government have good reputations. He, therefore, states that there shall be no issue if the investigation is conducted by the said SIT.
6. He, however, submits that this Court can direct an officer of the Central Government who is senior to the Members of the SIT to supervise the investigation.
7. At the outset, we clarify that we have not gone into the allegations and counter allegations made in either of the petitions or the stand of the respondents.
8. We clarify that we would not permit the Court to be used as a political battleground.
9. However, in order to assuage the feelings of crores of people/devotees, we find that the investigation should be conducted by an independent SIT consisting of the representatives of the Central Bureau of Investigation (CBI), representatives of the State Government and a representative of the Food Safety and Standards Authority of India (FSSAI). We further find that it will be appropriate that the investigation is carried out under the supervision of the Director of CBI.
10. We, however, clarify that the instant order passed by this Court should not be construed as any reflection on the independentness or the fairness of the officers of the SIT constituted by the State Government. We are passing order regarding entrustment of this matter to an independent agency consisting of the aforesaid members only to assuage the feelings of crores of people/devotees having faith in the deity.
11. We, therefore, dispose of these petitions with the following directions:-
I) The SIT constituted by the State Government is substituted as under:-
ii. Two officers from the Andhra Pradesh Police, to be nominated by the Government of Andhra Pradesh.
iii. One senior officer of the FSAAI, to be nominated by the Chairperson of the FSAAI.
II) The SIT shall work under the supervision of the Director of CBI.
12. Pending application(s), if any, shall stand disposed of.
The establishment of an independent investigative body is essential in cases involving public sentiment and serious allegations to ensure transparency and trust in the investigation process.
An investigation must be conducted in accordance with Supreme Court directives, ensuring independence and integrity, without interference from unauthorized personnel.
The Court ruled that cooperation with investigations and the presumption of innocence warranted bail for accused in a case involving food adulteration and conspiracy, despite serious charges.
Bail is the rule, not the exception; accused's cooperation and absence of evidence of witness tampering justified his release.
Conduct and bona-fides of the Petitioner are not to be construed as an indictment of the State of Maharashtra in general but they are in context as a party in this litigation and as an adjudication o....
Court mandated an independent investigation by the CBI into allegations of financial irregularities involving public officials to maintain credibility and protect public interest.
The court ruled that monitoring of an investigation is necessary until a charge-sheet is filed, after which the ordinary legal process should take over.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The main legal point established in the judgment is that where there is a special act governing the field of food adulteration, the provisions of IPC are not attracted.
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