04-Oct-2024 02:31 PM
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New Delhi, Oct 4 (Reporter) Looking to prevent the Tirupati Ladoo controversy turn into a political drama, the Supreme Court on Friday directed a fresh investigation by a new five-member Special Investigation Team, including two CBI officials, into allegations of adulteration in ghee used for preparing the temple prasad.
The Court said, “To assuage the feelings of crores of people, we find that an investigation by independent SIT consisting of representatives of state police, CBI, and Food Safety and Standards Authority of India (FSSAI) shall be conducted.”
A bench comprising Justice Justice B R Gavai and Justice KV Viswanathan said, “We direct that the investigation be conducted under the director of CBI.”
The bench said, “We do not want this to turn into a political drama. This is about sentiments about crores of people all over the world fortunately unfortunately both are warring groups.”
“Our order should not be construed as a reflection on the independence and fairness on the members of the state SIT,” the court said.
Chief Justice of India D Y Chandrachud who heads the bench was not sitting on Friday.
The bench said, “We do not want this to turn into a political drama. This is about sentiments about crores of people all over the world. Fortunately or unfortunately, both are warring groups.”
“We have constituted the committee only to assuage the feelings of crores of people having faith in the deity,” the court said.
The Court said, “The state SIT shall be substituted by Officers of the CBI nominated by the director CBI, 2 officers of Andhra Pradesh state police nominated by the state, the senior officer of FSSAI as nominated by the chairman of the body.”
Solicitor General Tushar Mehta told the court that he has examined the issue and if there is any truth in the allegations then it is unacceptable to the devotees spread across the country.
He said that food safety act will also be seen in this case.
Mehta said that he has nothing against the present Special Investigating Team (SIT) but let it be supervised by a senior officer from the central government force, that will inspire confidence.
Senior Advocate Mukul Rohatgi appearing for the state of Andhra Pradesh said, “We wish to go with SIT. Your Lordships may add any officer of your choice.”
He further said keeping in view sentiments an FIR should be registered.
Senior Advocate Kapil Sibal (for petitioners) said, “Yesterday another statement was made by the chief minister. It would be in the fitness of things if your Lordships have an independent investigation. Had he not made the statement, it would have been another matter. It has an impact.”
Senior Advocate Siddharth Luthra said even the statement of the enquiry officer was misconstrued.
Luthra, also appearing for the Andhra Pradesh Government, said that they have been informed from the service tax department that these goods were not even supplied by the original supplier.
The details are now available in the writ filed by the TDP.
Justice Viswanathan said there are 5 petitions and the court can always appoint an amicus curiae.
Rohatgi said, "If there is a problem with our position then we can file an affidavit... this is an absolute case.”
Justice Gavai said, "No one can doubt that substance in allegation is very serious."
Rohatgi asserted that there is absolute proof that lard was used.
Sibal asked, "Which report shows?
Sibal said, "It is vegetable fat and not animal fat at all. The court needs to order an independent probe.”.
The bench then asked, "These were two consignments of July 6 and 7 and the TDP's present chairman is on record saying that it was not the case."
Luthra said the shrine on the hill is sacrosanct, nothing untoward can reach there, what came till July 4 was not tested but what reached on July 6 and 12 was tainted.
SG interupted, “Politics is taking over the faith of crores of people.”
The Court then said, “Let there be independent probe by two from CBI, and two from state government and one from FSSAI.”
“We can also order it to be under the supervision of CBI,” the court added.
The SG said, if we have SIT of 5 persons, let Centre nominate 2, let the state nominate 2 and let an FSSAI expert be the other member.
The Bench said, “These writs have been filed by the petitioners seeking various reliefs including a direction to constitute a committee consisting of retired judge of this court or high court to delve deeper into the allegations concerning manufacturing of the products."
"The FIR says the ghee in the two tankers tested had found to be adulterated. It is alleged in the FIR that adulterated ghee was used to manufacture prasadam laddoos. the allegation in the FIR has the potential of hurting sentiments of crores of people worldwide, " the court added.
"On the last date we (the Supreme Court) had requested the SG to take instructions on whether the investigation can be by the state constituted or by the state government or should it be by a central agency," the court said.
The Controversy started when Andhra Pradesh Chief Minister N Chandrababu Naidu made a public statement that animal fat was allegedly used in making Tirupati laddus under the previous Y S Jagan Mohan Reddy-led regime.
Some Petitions were filed in the Supreme Court that an independent probe should be conducted in the matter as sentiments of lakhs of people were involved...////...