The Madurai Bench of Madras High Court has reserved its order on a public interest litigation seeking CBI probe into the Madurai Kamaraj University (MKU) sex scandal case.
The counsel appearing for the litigant P Suganthi, General Secretary of All India Democratic Women's Association (AIDWA), contended that the very foundation of the final report filed by CB-CID is the inadmissible confessions of the three accused - Nirmala Devi, Murugan and Karuppasamy - which had been recorded before a police officer while in custody as against the Section 26 of Indian Evidence Act. There were no independent witnesses to corroborate the averments made in the confessions, she added.
She pointed out that the line of investigation focused on only one part of the audio conversation 'soliciting sexual favours from girl students' and omitted the other part 'sexual gratification for higher officials'. No higher officials including the University Vice-Chancellor, have been investigated by the CB-CID in connection with the case, she argued. The statements of the victims (under Section 164 CrPC) has also not been recorded nor the written complaint given by them to the Secretary of their college has been attached or mentioned in the final report, added the counsel.
She further claimed that though Nirmala had mentioned in her confession that she was soliciting the girls for a tour to Idukki in Kerala, the same has not been investigated by the CB-CID even though it might have helped to find out the higher officials involved in the case. "Only if a fresh investigation by an agency like CBI is ordered, the miscarriage of justice caused by CB-CID can be set right", the counsel stated.
However, Additional Solicitor General (AAG) Arvindh Pandian contended that the investigation has been conducted in a fair manner. A Bench comprising Justices M Sathyanarayanan and B Pugalendhi who heard the submissions, reserved its order.
