Chennai: The Madras high court on Thursday ordered the CBI to probe the multi-crore gutka scam, allegedly involving a Tamil Nadu minister besides a former and a serving top police official. The case is now being investigated by the vigilance and anti-corruption wing (DVAC) of the state police.
“The clandestine gutka business is a crime against society, which needed to be curbed,” the bench, comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose said, while issuing directions on a plea by DMK MLA J Anbazhagan.
“We, therefore, deem it appropriate to direct the CBI to investigate the illegal manufacture, import, supply, distribution and sale of gutka and other forms of chewable tobacco... detect and take action against those involved in the offence... in connivance with public/government servants,” the bench said. The court, however, said this did not cast any aspersion on the probe by the state police or the state vigilance authorities.
The scam came to light on July 8, 2017, when Income-Tax sleuths raided the godown, offices and residences of a pan masala and gutka manufacturer in Tamil Nadu, who had been facing charges of tax evasion to the tune of '250 crore. The manufacture, storage and sale of the chewable forms of tobacco, including gutka and pan masala were banned by the Tamil Nadu government in 2013. During the raids, the department had seized a diary containing names of those, who had been allegedly paid by the gutka manufacturers.
When the scam hit media headlines, the opposition parties led by the DMK demanded in the Assembly that a special investigation team (SIT) headed by a retired judge of the high court and comprising CBI officials should probe the matter. The counter-affidavits of the chairman, Board of Central Excise and Customs and the director general of Vigilance, Customs and Central Excise Intelligence and the additional director general of Central Excise intelligence have also been sought in the matter. This is to exercise the case of any complicity of Central Excise officers in the illegal manufacturing, distribution and sale of gutka and other forms of chewable tobacco from the vigilance angle.
The HC bench in its Thursday order said, “In our considered view the handing over of investigation to CBI only ensures coordinating investigation publicly in specified categories of serious offences having ramification in more than one state.”
The court said it neither casts aspersion on the mode and manner of investigation conducted by the state police or the state Vigilance authorities. It also does not necessarily reflect any finding, even prima facie, of interference of any Constitutional authority or any high official of the state government in such investigation, the court observed.
The bench said, "Serious allegations inter alia against a high police officer with regard to the complicity and connivance in the illegal business are likely to give rise to doubts in the minds of general public with regard to the fairness, impartiality and the efficacy of the investigation. "It is therefore desirable that the investigation be handed over to an independent agency like the CBI," it said.
Reacting to the court order, DMK called for 'removal' of those accused in the scam. Meanwhile, Health Minister C Vijayabaskar, who was reportedly under the scanner in the case, said it is common for those in public life to face accusations from the opposition and such charges only got shriller when the person concerned performed well in his work. "Madiyil ganamillai, vazhiyil bayamaillai," (Nothing to hide, nothing to fear), he said quoting a Tamil adage, while speaking to reporters.
