Madrasdated High Court · 2025

WP Crl. No. 1000 of 2025PRAYERWrit Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation dated 30.09.2025 submitted by the petitioner and consequently framed guidelines in the nature of SOP for the conducting of road show immediately and thus render justice.For Petitioner:Mr.G.SankaranSenior counselfor Mr. S.Bharathi RajanFor Respondent(s):Mr.J.Ravindran (for R1)Additional Advocate Generalassisted by Mr.S.SanthoshGovernment Advocate (Crl. Side) Mr.Hasan Mohammed JinnahState Public Prosecutor (for R2)assisted by Mr.A.DamodaranAdditional Public ProsecutorORDERThe present petition has been filed by one Mr.P.H.Dinesh with a prayer to consider his representation dated 30.09.2025 for framing of SOP for conducting the road shows. 2/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 20252.Mr. G. Sankaran, learned senior counsel appearing for Mr. S. Bharathi Rajan, learned counsel for the petitioner, submitted that the petitioner had made the present representation following a roadshow that was permitted by the respondent at the venue, namely, Karur. He stated that a major man-made disaster occurred at the said event, resulting in the loss of 41 lives. The learned senior counsel further referred to the following time schedule:S.No.PlaceTime1Mr.Vijay started from Chennai 08.50 hours2Flight landed at Trichy09.24 hours3Entered to Namakkal11.55 hours4Reached at campaign place14.35 hours5Speech time14.35 to 14.55 hours6Left from Namakkal14.58 hours7Exit from Namakkal entered into Karur16.30 hours3.Mr.J.Ravindran, learned Additional Advocate General appearing for the 1st respondent, assisted by Mr.S.Santhosh, learned Government Advocate (Criminal Side), submitted that Writ Petitions filed before the Madurai Bench of this Court seeking a CBCID investigation and compensation were declined by the Hon'ble Division Bench of the Madurai Bench.3/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 20254.The learned Additional Advocate General further submitted that the political party, viz., Tamilaga Vetri Kazhagam , initially submitted a letter dated 09.09.2025, informing that meetings were scheduled to be held on 13.12.2025 at Salem, Namakkal, and Karur. Subsequently, another letter dated 15.09.2025 was submitted, specifying the time of the meetings as 5:00 p.m. to 10:00 p.m on 13.12.2025. Thereafter, by letter dated 23.09.2025, a request was made to the Superintendent of Police, Karur, fixing the meeting date as 27.09.2025 between 3:00 p.m. and 10:00 p.m. at Karur Light House Roundtana. Subsequently, another letter dated 25.09.2025 proposed the venue as either Karur Light House Roundtana or Uzhavar Santhai Thidal. Again, on 26.09.2025, a revised letter was sent to the Superintendent of Police, Karur, proposing a change in venue to Karur Velusamypuram.5.Based on the above communications, the Deputy Superintendent of Police, Karur, by proceedings dated 26.09.2025, granted permission to the political party to conduct the programme, subject to eleven conditions , which are extracted below:“1/ epfH;r;rp elj;Jk; ,lj;jpy; cs;s brd;lh; kPoad; gFjpfspy; gpsf;!; ngdh;fs; itj;jy; TlhJ/ nkYk; bjhz;lh;fs; brd;lh; kPoad; kPJ Vwp epw;ff;TlhJ/ ,tw;iw Kiwahf Tl;lk; elj;Jk; Vw;ghl;lhsh;fs; ftdpj;J bfhs;sntz;Lk;/2/ epfH;r;rp eilbgWk; nghJ j';fsJ 4/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025bjhz;lh;fs; gad;gLj;jp nghf;Ftuj;J behpry; Vw;glhj tz;zk; Tl;lj;ij elj;j fhty;Jiwf;F xj;JiHg;g[ juntz;Lk;/3/ thfd';fs; epWj;Jk; ,l';fis Kd; Tl;ona mwpe;J epfH;r;rpf;F miHj;J tUk; bjhz;lh;fspd; thfd';fis epWj;Jk; ,l';fSf;F Kd;Tl;ona brd;W Kiwahf thfd';fis epWj;Jk; ,lj;jpy; thpirahf epWj;Jtjw;F epfH;r;rp Vw;ghl;lhsh;fs; j';fsJ eph;thfpfs; K:yk; Vw;ghL bra;J bfhs;s ntz;Lk;/4/ epfH;r;rp eilbgWk; ,lj;jpw;F kpd;rhuthhpaj;jpy; Kiwahf mDkjp bgw;wpUf;f ntz;Lk;/5/ epfH;r;rp ele;J bfhz;oUf;Fk; nghJ VnjDk; mtru Ch;jp tUk; gl;rj;jpy; bjhz;lh;fs; nkw;go thfdj;jpw;F tHp tpl ntz;Lk;/6/ epfH;r;rp elj;Jk; ,lj;jpw;F mUfpy; tzpf tshf';fs; kw;Wk; IT epWtd';fs; kw;Wk; bghJ kf;fs; mjpf mstpy; te;J bry;Yk; gFjp vd;gjhYk; nkYk; mjpfg;goahd bjhz;lh;fs; fye;J bfhs;tjhy; Kjy; cjtp rpfpr;ir bra;tjw;F Kd;ndw;ghLfs; bra;J itj;jpUf;f ntz;Lk;/7/ bghJf;Tl;lk; elj;Jtjw;F Kiwahf jPaizg;g[ Jiwapdh; rk;ke;jg;gl;l Jiwapdhplk; Kd;Tl;ona mDkjp bgw;W ,Uf;f ntz;Lk;/8/ Tl;;lj;jpw;F itf;fg;gLk; gpsf;!; ngdh;fs; bjhlh;ghf khefuhl;rpaplk; chpa mDkjp bgw;W ,Uf;f ntz;Lk;/9/ bghJkf;fs; re;jpg;g[ epfH;r;rpf;F kl;Lnk mDkjpf;fg;gLfpwJ/ nkYk; jpUf;fhk;g[ypa{h; ut[z;lhdhthdJ njrpa beL";rhiyapy; gpw khtl;l';fspd; Kf;fpa ,izg;g[ rhiy vd;gjhy; vf;fhuzk; bfhz;Lk; bghJkf;fs; ghjpf;Fk; tifapy; nuhL nrh elj;j mDkjp ,y;iy/10/ bghJf;Tl;lk; Koe;j gpd;g[ bfhofs; 5/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025gjhiffis cldoahf mfw;w ntz;Lk;/11/ bghJf;Tl;lj;jpw;F mDkjp ,y;yhky; LED jpiu kw;Wk; nkil mikf;f TlhJ/”6.According to the learned Additional Advocate General and Mr.Hasan Mohammed Jinnah, learned State Public Prosecutor appearing for the 2nd respondent, only condition Nos.7 and 11 were complied with by the said political party, while the remaining conditions were blatantly violated .7.The learned Additional Advocate General referred to the typed set of papers at Page No.11 , which contains a document retrieved from the official website of the political party, indicating that the venue was Karur, Velusamypuram , and that the programme would commence at 12:00 noon .8.At this juncture, the learned State Public Prosecutor submitted that the General Secretary of the political party had given a press interview confirming that the programme would commence at 12:00 noon . Consequently, the learned Additional Advocate General and the State Public Prosecutor, in one voice, submitted that a large crowd gathered at the venue from the morning, anticipating the arrival of the party leader at 12:00 noon .9.They also drew the Court’s attention to the Government Order issued 6/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025by the Public (Law and Order–F) Department in G.O. (Ms). No. 605 dated 28.09.2025, wherein a Commission of Inquiry, headed by a retired Judge of this Court has been constituted in this regard.10.When specifically questioned by this Court, the learned State Public Prosecutor submitted that a case has been registered in Crime No. 855 of 2025 on 27.09.2025, for the offences under Sections 105, 110, 125(b), 223 of the Bharatiya Nyaya Sanhita, 2023, and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. Pursuant to the FIR, A1/District Secretary was arrested on 29.09.2025, and one Pavunraj was remanded on 30.09.2025 .11.De hors the submissions of the learned Additional Advocate General and the learned State Public Prosecutor, the entire nation has witnessed the tragic sequence of events and their aftermath on 27.09.2025 , which resulted in loss of 41 lives. Shockingly, the programme organisers, including the leader of the political party, absconded from the venue, abandoning their own cadres, followers, and fans. There is neither remorse, nor responsibility, nor even an expression of regret.12.It was further brought to the notice of this Court that the videograph 7/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025presented by the learned senior counsel for the petitioner, which has also been widely circulated in both print and visual media, clearly shows that the bus carrying Mr.Vijay, the leader of the political party was involved in an accident. In the footage, it is visibly evident that two motorcycles were involved in the accident, and that the driver of the bus, having seen the accident, fled from the scene.13.Similarly, another accident on the rear end of the bus is also seen in a videograph which is witnessed by the person seated on the front left side of the bus. In both instances, no First Information Report (FIR) has been registered by the respondent police for the offences of hit and run.14.This Court expresses its deep anguish and concern over the failure of the authorities to take action. Even in the absence of a formal complaint from the aggrieved parties, it is the duty of the State to register a suo motu FIR and ensure that the accused face trial in accordance with law.15.It is to be noted that the Hon'ble President of India, Hon'ble Prime Minister, Hon'ble Union Home Minister has condoled the incident. The Hon'ble Chief Minister, Tamil Nadu visited the hospital on early hours. The leader of the opposition, Tamil Nadu and almost all the political parties have expressed 8/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025their concerns and many leaders of the political parties came to the scene of occurrence and participated in the rescue process. When that being the situation, it is really sad that Mr.Vijay, the leader and the members of his political party which organised the meeting fled the scene of occurrence. 16.This Court strongly condemns the conduct of Mr.Vijay, the organisers of the event and the members of the political party for fleeing from the scene of occurrence immediately after mishaps. While this Court is aware that the political party has not been arrayed as a respondent, it is important to point out that it is incumbent upon such a party to have taken immediate steps to rescue and assist individuals caught in the stampede like situation arising from the massive crowd in which many children, women, and several young person tragically lost their lives.17.Regrettably, there has been no statement, no expression of responsibility from the political party viz., Tamilaga Vetri Kazhagam regarding the occurrence, either in their official twitter account or in other social media regretting the stampede that has taken place. There is no communication in any form or in any manner regretting the incident. This omission reflects the political party's disregard for human life and public accountability.9/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 202518.Futhermore, this Court is of the considered opinion that the Inspector of Police, Karur Town Police Station, Karur, (Crime No. 855 of 2025) is a necessary party to this proceedings. Accordingly, this Court, suo motu, impleads the Inspector of Police, Karur Town Police Station, Karur, (Crime No. 855 of 2025) as a party respondent in this Writ Petition. 19.The State has already given undertaking in W.P.(MD).Nos.27532 of 2025 & batch cases, that no permission for conduct of public meetings on the State Highways/National Highways would be granted till such time SOP with regard to conduct of meetings in public places is framed by the State Government and approved by this Court. The same is hereby recorded. Though the prayer in the present writ petition is limited, the scope of the writ petition has been widened due to the extraordinary circumstances, which warrant extraordinary measures. This Court cannot close its eyes, remain a mute spectator, and shrink from its constitutional responsibilities.20.Though no specific prayer was made for constitution of Commission, the Hon'ble Division Bench of this Court in HCP.No.1599 of 2025 by order dated 02.09.2025 was inclined to appoint an one man commission to conduct an independent inquiry as the constitutional court has wider jurisdiction to invoke inherent powers to do complete justice. 10/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 202521.With regard to constitution of Special Investigation Team, the Hon'ble Division Bench of Madurai bench in W.P.(MD).No.22623 of 2025 by order dated 25.08.2025 has observed as follows:This Court is of the considered view that trafficking in human organ would infringe the fundamental right of a citizen. Any violation would not only offends Article 21 of the Constitution of India but would result in serious health issues of the donor or recipient. It has got larger repercussions and wider implications in the matter of maintenance of public health. Public health is within the State List under the Constitution and the State is bound to show sensitivity in dealing with such nature of issues involving illegal human organ trading and the wider allegations raised in the public domain. When the State appointed team itself has made certain serious allegations against the private hospitals and medical college hospitals etc, the State is not expected to remain as mute spectator. The State is even hesitating to register an F.I.R and arguing before the Court that there is a statutory bar in registering an F.I.R. Such a stand is unacceptable.32.This Court is of the considered view that investigation is essential and to be undertaken by the State to cull out the truth behind the allegations. The State is not going to be prejudiced in the event of conducting an investigation into the serious allegations of human organ transplantation racketing. But the effective and efficient investigation would protect the lives of the poor and economically disadvantaged people, who are all exploited by these private medical college hospitals, private hospitals, etc., with the collusion of the brokers, officials and others.11/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 202533. When this Court expressed its view that instead of handing over the investigation to the Central Bureau of Investigation (CBI), requested the learned Additional Advocate General and the learned State Public Prosecutor to submit the names of police officials with proven integrity. They were initially reluctant and thereafter the learned Additional Advocate General produced three names, one Superintendent of Police, one Deputy Superintendent of Police and one Inspector of Police. In the opinion of this Court, the response of the State is disappointing. Thus, this Court has requested the Additional Registrar General, Madurai Bench of Madras High Court to secure names of some police officials with proven integrity, who in turn has undertaken the efforts and swiftly consulted the authorities and furnished the names. Accordingly, this Court appoints the following police officials as Special Investigation Team to conduct an investigation into the large scale and wider allegations of the human organ transplantation racket, including illegal kidney transplantations:22.In view of the above, this Court deems it appropriate to constitute a Special Investigation Team (SIT) to conduct an impartial and thorough investigation. The SIT shall be headed by:Mr. Asra Garg, Inspector General of Police (North Zone).The SIT shall include the following officers:Ms. Vimala, I.P.S., Superintendent of Police, NamakkalMs. Shyamaladevi, Superintendent of Police, CSCID12/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 202523.In addition, Mr.Asra Garg, IGP (North Zone) is at liberty to select additional team members under any category/designation as he deems fit. The State Government is directed to extend full cooperation and provide all necessary facilities for the effective functioning of the SIT.24.The newly impleaded respondent (Inspector of Police, Karur Town Police Station, Karur, Crime No. 855 of 2025) is directed to immediately transfer all records, documents, and materials relating to the present case to the SIT for further investigation.25.Though the learned Additional Advocate General and the learned State Public Prosecutor submitted that an FIR has already been registered and that an investigation is underway, this Court is not satisfied with the progress or independence of the said investigation. Accordingly, the said submission is declined, and the Special Investigation Team shall stand constituted with effect from today. All the available CCTV footages in the place of the incident, more particularly, the CCTV footages inside and outside the bus carrying the leader of the political party shall be seized. The said bus which is involved in the hit and run shall also be seized.13/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 202526.With the above directions and observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 03-10-2025Index:YesSpeaking orderInternet:YesNeutral Citation:YessaiNote: Registry is directed to carry out necessary amendment in the cause title. 14/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025To1.The Home SecretaryGovernment of Tamilnadu, Secretariat, Chennai- 600 009.2.The Director General of Police (HOPF)Dr. Radhakrishnan Salai, Mylapore, Chennai- 600 004.3.The Inspector of PoliceKarur Town Police StationKarur (Crime No. 855 of 2025)15/16 https://www.mhc.tn.gov.in/judis WP Crl. No. 1000 of 2025N.SENTHILKUMAR J.saiWP Crl. No. 1000 of 2025andWPMP Crl. No. 475 of 202503-10-202516/16