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The Supreme Court, on October 10, partially stayed the Madras High Court’s order quashing the Tamil Nadu police’s chargesheet in the murder case of Bahujan Samaj Party (BSP) Tamil Nadu president K Armstrong. The apex court, however, made it clear that the part of the order directing the transfer of the probe to the Central Bureau of Investigation (CBI) will remain in force. The Madras High Court’s order was passed on September 24.
A Bench of Justices JK Maheshwari and NV Anjaria passed the interim order after hearing Senior Advocate Siddharth Luthra, who appeared for the state of Tamil Nadu. The court also issued a notice on the appeal filed by the state against the High Court’s decision.
The bench granted interim relief after Tamil Nadu pressed for an immediate stay on the quashing of the chargesheet.
According to a LiveLaw report, the Tamil Nadu government argued that the Madras High Court had quashed a “comprehensive chargesheet running into 7,411 pages and arraying 30 accused persons” in a “casual manner.” Luthra submitted that “a CBI investigation has to be ordered only in exceptional cases, and only after finding glaring lapses in the state police investigation.”
According to The Hindu, the Supreme Court noted in its order: “Notice be issued to the remaining respondent(s). In the meantime, the order of quashing the charge sheet shall remain stayed. However, the direction for transferring the investigation to the Central Bureau of Investigation shall remain in operation.”
The high court’s earlier order, passed by Justice P Velmurugan, had found “procedural lapses” and “material contradictions” in the police investigation. Armstrong’s brother KV Immanuvel had moved the high court alleging that the state police’s probe was flawed and sought a CBI investigation into the case.
Senior advocate Luthra, citing the Tamil Nadu Police’s position, argued before the Supreme Court that the high court was “swayed by extraneous considerations, including media narratives and prevailing political circumstances,” and had ordered a de novo probe without examining the chargesheet in detail.
A de novo probe refers to an investigation that begins from scratch, as opposed to using the existing materials.
The chargesheet, filed by the state’s Special Investigation Team (SIT), invoked multiple provisions of the Bharatiya Nyaya Sanhita (BNS) and the Explosives Act, and included forensic reports, witness testimonies, and documentary evidence.
Armstrong, a prominent Dalit rights advocate and Ambedkarite leader, was brutally hacked to death on July 5, 2024, outside his residence in Perambur, Chennai, by a group of armed assailants posing as food delivery agents.
The matter will be heard further in the Supreme Court after responses are filed by the respondents.
