Sterlite stir killings: No obligation to fully act on report: AG; govt conscience under question

The Advocate General appearing for the State government informed the Madurai Bench of the Madras High Court that there was no statutory obligation on the government to implement the Commission's recommendations in their entirety
Madurai Bench of the Madras High Court
Madurai Bench of the Madras High Court(Illustration: Jancy Rani)
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MADURAI: The State Government has refused to reconsider the previous DMK regime's decision to drop disciplinary action against senior government officials, for whom the Justice Aruna Jagadeesan Commission had recommended action in connection with the 2018 Thoothukudi police firing.

The Advocate General appearing for the State government informed the Madurai Bench of the Madras High Court that there was no statutory obligation on the government to implement the Commission's recommendations in their entirety. The decision assumes political significance as the Leader of the Opposition challenged the ruling TVK government to implement the recommendations in full, when some minister questioned the earlier DMK government over the action taken on anti-Sterlite killings.

The AG submitted that Rs 25 lakh had already been paid to the families of those killed in the firing in accordance with Government Orders and indicated that the government would not pay the remaining Rs 25 lakh recommended by the Commission.

Countering this, petitioners' counsel Henri Tiphagne questioned the conscience of the State government on this issue.

Pointing out the alleged shortcomings in the CBI investigation, he submitted that the CBI had filed a chargesheet against only Thirumalai, the then Inspector of Police. He wondered whether the State Government would constitute a Special Investigation Team to conduct the probe.

The issue came up during the hearing of a petition filed by K Kathiresan of PP Kulam in Madurai and others, seeking directions to register criminal cases against those responsible for the police firing and to pay the balance compensation to the victims

During the previous hearing on August 31, the State government filed a detailed affidavit stating that the disciplinary action recommended against the then Thoothukudi Collector N Venkatesh, the then South Zone Inspector General of Police Shailesh Kumar Yadav, and the then DIG Kapil Kumar C Saratkar had been dropped.

In the case of P Mahendran, then Superintendent of Police, Thoothukudi, the government had directed the inquiry authority to resubmit the inquiry report, clearly indicating its findings on the charges.

Justices CV Karthikeyan and R Sakthivel had then directed the Advocate General to obtain the government's response on whether departmental action could be initiated against the senior officials.

The Bench had earlier observed that a related case was pending before the Madurai District Court and said that it could not pass orders at this stage. The court consequently adjourned the hearing.

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