'Vanished': Madras HC tears Into actor Vijay over Karur stampede neglige ...
Calling the deaths in the Karur stampede a man-made disaster, the Madras High Court on Friday came down heavily on actor-politician Vijay and his Tamilaga Vetri Kazhagam (TVK), and also the state administration for not fulfilling its duty.“The court cannot close its eyes nor remain a mute spectator or shirk its responsibility,” Justice N. Senthilkumar said while explaining the decision to set up the Special Investigation Team (SIT). Asra Garg, Inspector General of Police, North Zone, Tamil Nadu, has been appointed as the head of the SIT. The court also ordered the SIT to commence investigations immediately.
The observations in the Madras High Court and the Madurai bench of the court on Friday reflected heavily the failure of the state administration in handling the case, and also on Vijay, who, according to the court, had fled the place. The court said this reflected the “mental state” of the actor-politician. Justice Senthilkumar noted that the stampede, which claimed 41 lives, was mishandled, and remarked that the state was showing leniency towards Vijay.
While disposing of a petition filed by P.H. Dinesh of Chennai, seeking directions to the home secretary and DGP to take appropriate action against those responsible and to refrain from granting permission for roadshows by political parties until a standard operating procedure (SOP) is framed to regulate such events, Justice Senthilkumar said the court has responsibility towards its citizens when the state fails to fulfil its obligation “to protect the life and limbs of its people viz a viz the political party that has organised such a massive meeting where thousands and thousands of people have gathered to witness or have glimpses of their leader.”
Strongly condemning the TVK for flouting the rules, the court said that Vijay vanished from the scene and has “no remorse.” “The leader vanished and disappeared from the place of occurrence. Unfortunate to record that such a leadership is of poor quality,” Justice Senthilkumar said. The court criticised actor Vijay’s TVK for negligence in the Karur stampede and observed that he “fled from the scene of occurrence” and the party had not even expressed “remorse.” It strongly condemned such conduct, particularly when women and children had died.
The court also came down heavily on the state administration, and also the police, for not filing even a hit-and-run case for accidents involving Vijay’s caravan; questioned the police’s failure to register criminal cases against those responsible for accidents involving the two-wheelers which Vijay’s fans were riding and which had hit on Vijay's campaign van. The court asked why a hit-and-run case wasn't registered against the people involved in the accident, aka those who were travelling in the bus, including Vijay.
Additional Advocate General J. Ravindran and State Public Prosecutor Hasan Mohammed Jinnah, representing the state government, said an FIR had been registered in connection with the stampede which killed 41 people. Public prosecutor Ravindran argued that the state was not trying to shield anyone and that appropriate action would be taken in due course. Opposing the court’s decision to constitute the SIT, Ravindran informed the court that it had been less than a week since the FIR was filed, and the investigation had already started.
At the beginning of the hearing, Justice Senthil Kumar said that the stampede shook him and that the disaster was so huge that President Draupadi Murmu, Prime Minister Narendra Modi, Union Home Minister Amit Shah, Tamil Nadu Chief Minister M.K. Stalin and many others expressed deep condolences and extended every possible help to the victim families and the injured.
Earlier, Justice Senthilkumar dismissed an anticipatory bail petition filed by TVK’s Namakkal district secretary N. Sathish Kumar in a case booked against him for the damage caused to a private hospital in Namakkal during Vijay’s campaign in the district. The court, however, dismissed the plea following contention by government advocate S. Santhosh. He said that it was a serious case of mob violence that had led to damage to the properties belonging to the private hospital, and hence “no leniency must be shown to the accused by granting advance bail.”
Meanwhile, the Madurai bench of the Madras High Court dismissed the anticipatory bail petitions filed by TVK general secretary Bussy N. Anand and C.T.R.Nirmal Kumar. The TVK argued in the court saying that they can't be subjected to action by calling it as “culpable homicide.”
The court observations and the political fallout thereafter
Incidentally, in his three-minute video clip on Tuesday, Vijay had challenged Stalin to arrest him and alleged a conspiracy in the stampede. He dared Stalin to take action against him. “CM Sir, if you are desperate to find fault with us, do it with me. Don’t lay your hands on them. I will be here at home or at the office. Do whatever you want to do with me.” But, in the court, the TVK did not present any evidence or even the grounds to prove the conspiracy theories it floated.
Court’s observations and the constituting of the SIT, have however, caused a huge dent in Vijay’s political future. With the absence of second-rank leaders who can address the issue on the ground, and Vijay himself staying inside his bungalow at Neelankarai on the outskirts of Chennai, the party is struggling to decide on its next political move. The party insiders say that there were several closed-door meetings among the party strategist John Arockiasamy, general secretary Bussy Anand and others.
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However, Vijay has not spoken to any of his party office bearers since he released a three-minute video clip on Tuesday after the mishap. The TVK lawyers who appeared for Anand and Nirmal Kumar also did not present concrete grounds for their anticipatory bail. The advocates argued in the court that the general secretary didn’t organise the Karur rally, so he cannot be held responsible for it. The lawyers also said that the Karur district secretary, who had organised the rally, had already been arrested.
On the other hand, sources say that Vijay's campaign bus, considered to be his pride, could also be seized by the government following the court’s observations. It is a caravan specially designed for Vijay to travel and conduct campaigns amidst a huge crowd.
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