Pannaiyar case: Cops flayed for shoddy probe

While the encounter was done by an officer holding the rank of Deputy Commissioner of Police, the court has expressed its strong indignation over the investigation carried out by an Inspector of Police, much below the rank of Deputy Commissioner. 

The division bench comprising Justice S Nagamuthu and Justice Anitha Sumanth while dealing with the legality of the investigation said, “In the instant case, it is not explained to the court as to why it was not thought that the probe should have been entrusted to at least an officer above the rank of Deputy Commissioner of Police.” 

Also, holding that though there was no bar to register a counter case on the complaint made alleging that Venkatesa Pannaiyar was murdered, the bench said, “It is crystal clear that in the instant case the investigation should have been entrusted to any other agency like CBI or at least to CB CID of TN Police to unearth the truth and instil confidence in the system in the minds of the people. Unfortunately, it was not done by the government on its own.” 

However, stating that in the instant case, it finds every justification in the request of the petitioners for transferring the case to the CBI or to some other agency, the bench said, “Since the investigation was done by an Inspector who was subordinate to the DCP who shot Venkatesa Pannaiyar dead, the questions that arise at this length of time is whether it would sub serve the cause of justice in transferring the case to CBI. We are pained to say that it would not.”