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Tirupati Laddu controversy: Supreme Court orders probe by SIT under CBI supervision

Debayan Roy

The Supreme Court on Friday ordered a probe by a special investigation team (SIT) into the allegation by N Chandrababu led Andhra Pradesh government that the previous regime of Yuvajana Sramika Rythu (YSR) Congress Party had used substandard ghee containing animal fat to prepare laddus at Sri Venkateswara temple in Tirupati.

A Bench of Justices BR Gavai and KV Viswanathan directed that the SIT shall have two officers from the Central Bureau of Investigation (CBI), two from the Andhra Pradesh State Police and one senior officer from the Food Safety and Standards Authority of India (FSSAI).

"In order to assuage the feelings of crores of people/devotees, we find that the investigation should be conducted by an independent SIT consisting of the representatives of the Central Bureau of Investigation (CBI), representatives of the State Government and a representative of the Food Safety and Standards Authority of India (FSSAI). We further find that it will be appropriate that the investigation is carried out under the supervision of the Director of CBI" the Court said.

The State SIT which is already probing the case shall be substituted by the new SIT which shall comprise officers of the CBI nominated by director of CBI, two officers of Andhra Pradesh State police nominated by the State and a senior officer of FSSAI nominated by the chairman of the body, the Court directed.

The Court also ordered that investigation shall be under the supervision of the director of CBI.

"We, however, clarify that the instant order passed by this Court should not be construed as any reflection on the independentness or the fairness of the officers of the SIT constituted by the State Government. We are passing order regarding entrustment of this matter to an independent agency consisting of the aforesaid members only to assuage the feelings of crores of people/devotees having faith in the deity", the Court clarified.

Justice BR Gavai and Justice KV Viswanathan

The Bench was hearing four petitions seeking a probe into the allegations that animal fat (as part of ghee) had been used to prepare laddus at the Hindu shrine in Andhra Pradesh, where Lord Venkateswara is worshipped.

The petitioners include former Member of Parliament (MP) Dr Subramanian Swamy, YSR Congress Party leader and former Tirumala Tirupati Devasthanam chairperson YV Subba Reddy, historian Vikram Sampath and Vedic speaker Dushyanth Sridhar, and Sudarshan News anchor Suresh Chavhanke.

During the previous hearing, the Bench had grilled Andhra Pradesh Chief Minister (CM) N Chandrababu Naidu for prematurely going public with the claim that previous regime of Yuvajana Sramika Rythu (YSR) Congress Party had used substandard ghee containing animal fat.

The Court had said there was no conclusive proof yet to substantiate such a claim and had asked whether there was any material with the CM to conclude so definitively.

The Court had eventually asked the Solicitor General (SG) Tushar Mehta to inform it whether the investigation (currently with a State SIT) should be transferred to an independent agency.

When the matter was taken up for hearing today, SG Mehta suggested that an officer from a Central government agency can supervise the SIT probe to inspire confidence in the probe.

"I have examined the issue and if there is any truth in the allegations then it is unacceptable and devotees are spread across the country and Food Safety Act is also there. I have not filed anything against the present SIT but let it be supervised by a senior officer from the Central government force. That will inspire confidence," he submitted.

Senior Advocate Mukul Rohatgi appeared for the Andhra Pradesh government and said that the State should be allowed to proceed with the probe.

"I appear for the State, we wish to go ahead with the SIT. Any officer of the court's choice can be added. There can be no allegation against the SIT. We cannot go by some newspaper report," he said.

However, Senior Advocate Kapil Sibal, appearing for YV Subba Reddy, said that Chief Minister Naidu's statements had compromised the partiality and hence, an independent body should investigate the matter.

"Another statement was made yesterday. Had the CM not made the statement it was a different matter. An impartial independent investigation needs to be ordered," he said.

The Court said that the allegations are very serious.

Rohatgi claimed that there is proof that lard (pig fat) was used in the preparation of laddu.

"There is absolute proof that lard was used," he alleged.

"Which report shows?" Sibal demanded.

"Report shows that," Rohatgi said.

"It is vegetable fat and not animal fat at all The court needs to order an independent probe," Sibal contended.

Senior Advocate Sidharth Luthra, appearing for Tirupati Tirumala Devasthanam (TTD), said that the consignments which reached the hill shrine till July 4 was not tested but the consignments which reached on July 6 and July 12 were tested and found to be tainted.

"What came till July 4 was not tested. But what reached on July 6 and 12 were tainted," he said.

"Why did you allow them to go to the hill.. you were in charge," Sibal replied.

"But the tender was given by you (previous government led by YS Jagan Mohan Reddy," Luthra shot back.

"Politics is taking over the faith of crores of people," the SG said

"Let there be independent probe by two from CBI, two from State government and one from FSSAI. We can also order it to be under the supervision of CBI," the Court said.

"We have no axe to grind," Rohatgi said on behalf of State.

"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," the Court remarked before reconstituting SIT.

[Read order]

Supreme Court Tirupati Laddu order October 4 2024.pdf
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