Writ petitioner sought transfer of an FIR alleging examination malpractice at Anna University to the CBI. The bench dismissed the petition, holding it was based on mere surmise while the investigation was at the nascent stage. The court imposed no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2018 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.17639 of 2018
K.K.Ramesh ... Petitioner vs.
1.The Government of India, rep.by its Home Secretary, Ministry of Home Affairs, North Block, New Delhi. 2.The Government of Tamil Nadu, rep.by its Secretary to Governor, Raj Bhavan, Chennai – 600 022. 3.The Government of Tamil Nadu, rep.by its Home Secretary, Fort St. George, Secretariat, Chennai. 4.The Director General of Police, Dr. Radhakrishnan Street, Chennai. 5.The Vice Chancellor, Anna University, Sardar Patel Road, Old Highways Buildings, Guindy, Chennai – 600 025. 6.Controller of Examinations, Anna University, Sardar Patel Road, Old Highways Buildings, Guindy, Chennai – 600 025. 7.The Inspector of Police, Vigilance and Anti Corruption, City Special Unit – I, Chennai – 16. 8.The Director, Central Bureau of Investigation, Plot No.5-B, CGO Complex, Lodhi Road, https://hcservices.ecourts.gov.in/hcservices/ New Delhi – 110 003.
... Respondents
2
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 to 4 to transfer the case from 7th respondent in Crime No.09/AC/2018/ CC1 to 8th respondent Central Bureau of Investigation (CBI) to find out the truth and irregularities in the revaluation of examination of papers of Engineering Students studied in Anna University, Chennai by considering the petitioner's representation dated 02.08.2018.
For Petitioner : Mr.K.K.Ramesh Party-in-person For R1 & R8 : Mr.V.Kathirvelu Assistant Solicitor General of India assisted by Mr.I.Irulappan
For Respondents 2, 3, 4 & 7 : Mr.K.Chellapandian Additional Advocate General assisted by Mr.A.K.Baskarapandian Special Government Pleader For R5 & R6 : Mr.Rajarajan Standing Counsel
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Styling it as a Public Interest Litigation, the petitioner who is in the habit of filing such petitions and received an adverse comment from the Court, has filed the present one.
2.An FIR has been registered in Crime No.09/AC/2018/CC1 by the 7th respondent on 31.07.2018 with respect to the alleged irregularities committed by the officials of the fifth respondent in awarding marks. Within two days, the petitioner gave a representation on 02.08.2018 seeking transfer of investigation. Thereafter, immediately approached this Court seeking transfer the case to the 8th respondent.
3.The petitioner who appeared in person submits that several persons holding high posts might have been involved. Therefore, this is a fit case, where investigation will have to be transferred to the 8th respondent.
4.The learned Additional Advocate General appearing for the 7th respondent would submit that investigation has just started. The allegations are without any basis. Therefore, the 7th respondent will have to be permitted to proceed further.
5.We do not find any reason in this petition. Public Interest Litigation cannot be filed on mere conjecture and surmise. The FIR has been registered only on 31.07.2018 and investigation is at the nascent stage. The petitioner has filed the present writ petition on mere surmise. Therefore, we are of the view that this writ petition deserves to be dismissed. Though this is a case where https://hcservices.ecourts.gov.in/hcservices/ cost will have to be imposed, we refrained from doing so.
3
6.The Writ Petition is dismissed accordingly. No costs.
Sd/Assistant Registrar(CS-I) /True Copy/
Sub Assistant Registrar(CS-III)
To: 1.The Home Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi. 2.The Secretary to Governor, Tamil Nadu, Raj Bhavan, Chennai – 600 022. 3.The Home Secretary, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai. 4.The Director General of Police, Dr. Radhakrishnan Street, Chennai. 5.The Inspector of Police, Vigilance and Anti Corruption, City Special Unit – I, Chennai – 16. 6.The Director, Central Bureau of Investigation, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi – 110 003. +1CC to Mr.I.Irulappan, Advocate, SR.No. 77759 +1CC to Mr.K.K.Ramesh, Advocate, SR.No.77745 +1CC to Mr.Rajarajan, Advocate, SR.No.77751 W.P.(MD) No.17639 of 2018 09.08.2018
mj
ES/SKN/RSK/SAR 3/10.09.2018/3P/10C
2 issues framed by the court
Whether a writ petition seeking transfer of an FIR to CBI based on mere surmise in the nascent stage of investigation should be allowed.
Whether a Public Interest Litigation filed alleging high-level involvement without concrete evidence deserves to be entertained.
K.K.Ramesh
Government of India
Government of Tamil Nadu
Director General of Police
Vice Chancellor, Anna University
Central Bureau of Investigation
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
