Some of them, as observed by the bench are, “Police firing has been ordered by one, who is not a jurisdictional Executive Magistrate and admittedly on his assuming powers which he did not possess. He, who informs of having passed an order for police firing, informs that he had travelled along with the protesters over 12 to 13 km. Protesters, informed to be in thousands, had travelled 13 km, without any hindrance.”

“Whether he was justified in doing so or not, whether he would be entitled to protection under Section 79 IPC or not, whether shooting persons in the face and chest amounted to police excesses of murder or not.”

“Were incidents orchestrated and, if so, by whom is to be looked into. How and why protesters were permitted to gather in thousands and proceed as much as 12 km leading to the occurrence at the Collectorate is to be probed.”

“The allegation of shooting at Theresapuram, which is 12 km away from the Collectorate, having been resorted to, shortly after shooting was resorted to at Collectorate, is to be probed.”

Also, noting that it was not even the case of the state that before resorting to firing, water cannons were used, the bench also held, “How self-loading rifles found their way out of the armoury and came to be used in shooting dead persons, how the snipers were perched atop vehicles and how persons came to be shot in the face and chest, all are questions that cry for an answer.”

Further, noting that the case of the petitioners is that the state/police and other authorities are guilty of murder, the bench said, “We fail to understand how not a single case, not even invoking Section 174 CrPC (unnatural death) has been registered at the instance of the injured/family members of the deceased.”

However, the bench in its order also held that cases have to be registered against the authorities for offences under Section 302 IPC (murder) as also for other offences under the Indian Penal Code, arms Act and such other Acts as may be attracted.

The DMK has welcomed the Madras High Court order transferring to CBI the probe into police firing during the anti-Sterlite stir that claimed 13 lives, saying those who ‘gunned down’ countrymen should be brought to book. The High Court directive on Tuesday transferring the probe to the central agency was “welcome,” DMK working president MK Stalin said in a tweet. “Those who gunned down own countrymen in broad daylight, besides maiming over 50 persons, should be brought before the law and punished,” he added. On May 22, large-scale violence erupted after the Thoothukudi district Collectorate was picketed to seek closure of the copper smelter plant of Sterlite, a unit of the Vedanata group, over pollution concerns. Thirteen people were killed in police firing on May 22 and 23.