Gutkha case: Govt tables secret report, decision on CBI probe today

The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose adjourned the case to Wednesday. Earlier, senior counsel P Wilson appearing on behalf of the DMK which moved the plea seeking an independent probe into the scam contended that since it involved senior police officials from the State and a minister as well, there was no scope for a fair probe by the Director of Vigilance and Anti-Corruption (DVAC). 

As the scam is spread out to more than three states -  Andhra Pradesh, Karnataka and two union territories, the scope of the Vigilance Commissioner holding a proper probe is not possible. He also quoted several Supreme Court judgments in his favour that when allegations are against the State police, the probe can be given to the CBI. 

He submitted that while the then Chief Secretary had claimed that the file pertaining to the gutkha scam submitted by the Income-Tax department had gone missing, the letter written by the DGP to the Chief Minister on the issue was found with her aide Sasikala. It is a clear indication that the writ of the gutkha manufacturers ran really high and a CBI probe alone can bring out the truth. 

Advocate General on submitting a report and seeking the bench to ensure that it does not land in the hands of the press since the probe is ongoing, said the report would reveal as to what extent the probe has progressed. 

He also noted that a CBI probe can be ordered only with the consent of the State and pointed out that it was unfortunate that the Income-Tax department was yet to submit the hard disk and other original papers pertaining to the case as the fear of them being tampered with remains high. 

The Advocate General also noted that much could not be made about the letter addressed to the Chief Minister being found in the room of her aide Sasikala since the letter was sent on September 2 while the former Chief Minister was admitted to the Apollo Hospital on September 22. However, the bench during the arguments wondered as to what can be lost in ordering a CBI probe especially with it having inter-state ramifications.