The first bench comprising Chief Justice Indira Banerjee and Justice PT Asha before whom a batch of writ petitions seeking for an enquiry by an agency other than the state police to go into the firing incident came up also held “Those who have not been furnished with the post-mortem copies may file an application before the concerned Magistrate who will in turn identify the next kin of the deceased and handover the copy of the PM report.” 

The bench then posted the case for further hearing to July 30. Advocate General Vijay Narayan responding to arguments had put forth by various counsels that the state police cannot be a judge of their own cause and hence the case ought to be handed over to the CBI or any other central agency. 

He submitted that it is pertinent that a demand for a CBI probe can be considered only after the case diary pertaining to the incident is examined. He said only when the finding reveals deliberate attempts to shield someone or if the investigation is proceeding in the wrong direction, could a CBI probe be asked. 

However, the CJI on citing the Gutkha scam, said the court had ordered for a CBI probe without making any adversarial remark on the investigation that had gone into the case. 

Noting that even the apex court had upheld the CBI probe based on the aspect that such a probe would instil confidence in the people, observed that what is required is a free and fair probe and does not take away what is done already. Also, referring to the allegations that had surfaced following her judgement in the 18 AIADMK MLAs disqualification case, the Chief Justice said if one has to go by mere allegations, “I should not be sitting here’. 

Similarly, the allegations that the State police would not undertake a fair probe is not the question but whether ordering an investigation allays the fear and propels an independent enquiry. 

The Chief Justice noted that she happened to view the footage on TV of incident when she was away at Kodaikanal on the day when the firing transpired and could see the protestors overturning police vehicles and causing damage to public property. 

The advocate general in his submission also noted that unedited video footage of incident running to five hours is available and that it could be checked at any lab to rule out any kind of distortions. He said in a bid to save time for the court, a 20-minute video of the incident is also available.