Chennai: Close on the heels of the shocking revelation made by the income tax department that a secret communication from it to the DGP seeking action against highly placed persons in the government suspected to be involved in the gutka scam, was found in V.K. Sasikala’s room in the late CM Jayalalithaa’s Poes Garden residence when another raid was conducted, the DMK party has prayed the Madras high court to transfer the investigation into the scam to the CBI.
When the PIL filed by DMK MLA J. Anbazhagan came up for hearing on Tuesday before the First Bench comprising Chief Justice Indira Banerjee and Justice Abdul Guddhose, senior counsel P. Wilson, appearing for the petitioner submitted that the letter written by the I-T department to the DGP was found in the room of a convicted accomplice. It shows the influence the gutka manufacturers have on the government. Since more than one state is involved in the scam and higher officials of state and central governments are involved and considering the health of the citizens, the investigation into the gutka scam should be transferred to the CBI.
Referring to the affidavit filed by the I-T department, particularly reference made to the payments made to the higher officials, including the health minister and the then Commissioner of Police, Wilson said payment of 56 lakhs was made to the health minister and '60 lakh to the then COP who is the present DGP.
He said despite the ban on the sale of gutka in the state, it is easily available across the counter. Three states including Andhra Pradesh and Karnataka and a Union territory were involved in the scam. The health of the citizen was important. “I am (Petition-er) giving up Respondent-10 namely DGP because the Supreme Court has said the accused need not be heard. I am giving up DGP because he is involved in the scam. I am not casting aspersions, I only pray this court to transfer the investigation to the CBI”, Wilson added.
Pointing out the affidavit filed by the I-T department, Additional solicitor general G. Rajagopal said this was very relevant to the present case. It was all on record with the department. The Supreme Court has said when there was an allegation against state police, the investigation may be referred to an independent agency, he added.
Producing a status report relating to the investigation so far done by DVAC in gutka scam case in a sealed cover before the Bench, advocate general Vijay Narayan said even if higher police officers and Minister are involved, it need not be transferred to the CBI. There was a statutory bar for transferring the case to the CBI. Unless there was consent of the state, the investigation cannot be transferred.
Referring to the affidavit of I-T department relating to the secret letter found in the room of Sasikala, Advocate general said the DGP says he sent it to the Chief Minister. Shortly, thereafter, the Chief Minister fell sick and was admitted to the hospital. Thereafter, a series of things took place. The DGP could not find out the letter. “We cannot ask the Chief Minister since she was in the hospital and thereafter, so many people were occupying her residence”, he added.
He said it was not as if the police was not taking action. So far 4,780 persons were arrested and so many were already convicted. The sale of chewing tobacco has become legal in Tamil Nadu.
The Food Safety Authority has been issuing notifications every year banning chewing tobacco in Tamil Nadu. But they were all set aside by the high court, he added. The bench posted to January 24, further hearing of the case.
