Chennai: Days after the AIADMK top leadership cried hoarse on the DMK Government’s decision to conduct further probe into the April 2017 heist-cum-murder at former Chief Minister J Jayalalithaa’s Kodanad Estate in the picturesque Nilgiris, an attempt to block the investigation through the judiciary failed on Friday.
Clearing the decks for further investigation in the case, which also witnessed mysterious deaths of an accused and the family members of another accused, besides the suicide of a CCTV operator, the Madras High Court held that the police was entitled to conduct the probe.
“The police are fully empowered to conduct further investigation under Section 173 (8) of the Code of Criminal Procedure (CrPc) even after filing of chargesheet and commencement of trial,” Justice M Nirmal Kumar ruled while dismissing a petition filed by one of the prosecution witnesses, ‘Anubhav’ Ravi, an AIADMK functionary from Coimbatore.
“A fair trial is imperative in dispensation of justice and there is a difference between right to speedy trial and fair trial. A duty is cast upon the court to see that there is proper, fair, impartial and an effective investigation,” the judge said while pointing out that there is nothing in law that would preclude the investigation agency from conducting further probe if it obtains fresh evidence in a case at any stage.
Acknowledging that such further probe could delay the trial, the judge cited a Supreme Court ruling to hold that the ultimate object was to arrive at the truth.
“In this case, the murder had taken place in Kodanad Estate and it has been followed by a series of suspicious deaths. Whatever materials are collected, it is ultimately for the court concerned to decide the acceptability or otherwise of the same. It is always better to have a fair and impartial trial to arrive at an impartial and just decision,” the court held. It added that no prejudice would be caused to the petitioner due to the further probe.
Former Chief Minister and AIADMK leader Edappadi K Palaniswami had recently claimed that the fresh probe was an attempt to implicate him in the case. He along with top leaders of the party even rushed to the Raj Bhavan and submitted a petition to Governor Banwarilal Purohit expressing apprehension over the further investigation.
