New Delhi: The Supreme Court has found “several missing links” in CID’s probe into the death of Dy.SP M.K. Ganapathy. “We want to know the substance of investigation. Why he was given service revolver when he was on non-executive posting. Perhaps he was over-powered by using his revolver and done to death by the belt. The doctors who conducted post-mortem do not say it is normal belt (used for hanging) It is unusual material. The point is if it (his death) is self-inflicted or he was subjected to it,” the Court said.
“Look at the sequence of events. He is posted at Mangaluru and comes to Madikeri and tells wife that he is going to Bengaluru. At 11.30 am, he gives interview to a TV channel and at 7.30, he is no more. Did you record the statement of the person who has last seen him,” the Bench asked advocate Kapil Sibal, representing the Karnataka government.
“There are missing links which reflect on quality of investigation,” the Bench observed, even as Sibal contended that if the State was not given time to explain the Court’s queries, it would lead to all sorts of presumptions. The Court then said for nine months, it had given enough time to the State to respond and bring relevant materials on record.
During the hearing, Sibal, supported by George’s counsel senior advocate Abhishek M. Singhvi and IPS Officers’ counsel senior advocate Sonia Mathur vehemently opposed the plea for CBI probe. They also cited Ganapathy’s medical history and pointed out that he was on medication for clinical depression.
Singhvi even read out excerpts of Ganapathy’s last interview to contend that he was “inchoate and incoherent.” The Bench rejected it by saying despite that the Officer was given promotion. The counsel also pointed out the matter is still pending before the Trial Court as M.K. Kushalappa, father of the deceased, had already filed a protest petition against the closure report and the Trial Court, if it finds necessary, can direct further probe.
Sibal also contended that there would be other repercussion if the probe is handed over to the CBI. The Court then pointed out that the CID was on August 8, 2016 given the task of investigation into the July 7 incident but it filed closure report on September 17, 2016.
The counsel submitted that a judicial probe by former High Court Judge Justice Keshavanarayan has been ordered. The report from the Commission of Inquiry is awaited though it has examined 45 witnesses. The Court, however, said such a report would have no bearing on the criminal case.
This post was published on September 6, 2017 6:51 pm