STATE OF T N Vs. A NALLASIVAN

JUDGEMENT

(1.) PENDING disposal of the writ petition, having regard to the averments made in the writ petition and also in the counter-affidavit, the learned single Judge has thought it just and appropri ate to direct the Central Bureau of Investigation (CBI) to investigate into the matter and submit a report in the following terms :

(2.) IT is pointed out by learned Advocate General that there is a special department known as "CB-CID" of the State, specialised in investigation, and at the same time it is an independent and impartial agency and its integrity and honesty has never been doubted, therefore instead of directing the CBI the CB-CID of the State may be directed to investigate. IT is further submitted that normally it is the State Police which is directed to investigate and submit a report and in the instant case, there is no such special circumstance which can persuade the court to depart from the normal rule of directing the State Police to investigate. The contention that CB-CID should be entrusted with the investigation has not been put forth before the learned single Judge. However, it does not come in our way to consider this submis sion. As submitted by the learned Advocate Gen eral, we would not have had any difficulty in acced ing to his submission had there not been a stand taken by the State Government itself to the effect that no such events have taken place in the said village. In the affidavit filed in support of the writ petition, the petitioner has specially averred several criminal acts. With reference to those averments, a counter-affidavit has been filed by the Deputy Sec retary to the State Government, Home Department, on behalf of all the respondents, in which the allega tions made in the affidavit filed in support of the writ petition have been denied. The relevant averments relating to the alleged gang-raping and other of fences are contained in paragraphs 13 and 14 of the counter-affidavit, which read as follows :