CHENNAI: State government informed the Madras high court that since there is progress in the investigation conducted by the DVAC into the gutka scam, there is no need to transfer the investigation to the CBI. Advocate general Vijay Narayan made this submission when the PIL filed by DMK MLA J.Anbazhagan came up for hearing before the first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose on Wednesday.
When the Chief Justice pointed out that gutka was being sold even today in pan shops, the advocate general said that criminals operate in spite of laws. Police were trying to stop the sale of gutka, he added. When the Chief Justice observed that its concern was inter-state crime, the advocate general said that state police had handled many inter-state crimes and cases where Central government officials were also accused.
Citing the judgment of the Madurai bench of the Madras high court relating to the appointment of the DGP, the advocate general said that one of the prayers in that petition was to transfer the investigation of the gutka scam to the CBI. However, the bench had rejected it.
There was a clear finding by the division bench that there was no basis for apprehension that the DVAC would not conduct an impartial inquiry since a minister and highly ranked officials were involved, he added.
The court has to see whether there was any change in circumstances from the date of the judgment of the Madurai bench and the additional material placed before the court. “There is nothing new,” he added.
Citing the vigilance manual, the advocate general said that cases where substantially state government employees were involved, irrespective of the fact that central government employees were also co-accused, the state agency will investigate the same by informing the central agency.
So there was co-operation between state police and the CBI and they will decide whether the cases involve central government or state government employees and who has to investigate, he added.
He said there was a statutory bar in transferring the case to the CBI. State government has to give its consent for the transfer. The court has to examine the materials on record and find out whether the investigation was going in a wrong direction and then decide the issue. The bench adjourned to January 25, further hearing of the case.
