Investigations in the Karur Stampede, 2025 transferred to the CBI

In the matter of Special Leave Petitions and Writ Petitions relating to the Karur Stampede, 2025, interim directions were passed by the Supreme Court on 13 October 2025, by a Bench of Justices J.K. Maheshwari and N.V. Anjaria, transferring the investigation of FIR from the Karur Town Police to the Central Bureau of Investigation (CBI), it being held that, given the scale of the tragedy, public doubt over the impartiality of the local police, and the need to restore public confidence, a fair and independent investigation was imperative.

The petitions arose from the stampede at a political rally organized by the Tamilaga Vettri Kazhagam (TVK) in Velusamypuram, Karur District on 27 September 2025, which resulted in 41 deaths and injuries to over 100 persons. Various writ petitions were filed before the Madurai Bench of the Madras High Court seeking CBI investigation, formation of a Special Investigation Team (SIT), compensation for victims, and the framing of Standard Operating Procedures (SOPs) for political rallies and mass gatherings. While the Division Bench at Madurai declined CBI intervention, holding that the local investigation was at a nascent stage and no flaws had been demonstrated, the Single Judge at the Main Seat of Madras High Court suo moto expanded to direct formation of an SIT, despite no specific pleadings or parties being joined, creating multiplicity of proceedings and prima facie procedural irregularity.

The Supreme Court emphasized that powers under Articles 32 and 226 must be exercised cautiously, particularly when directing a central investigation. Referring to precedents such as State of W.B. v. Committee for Protection of Democratic Rights (2010) 3 SCC 517, the Court reiterated that CBI intervention is warranted only in exceptional circumstances where public confidence in a fair investigation is seriously compromised, the allegations have national or wide-reaching implications, or fundamental rights enforcement demands impartial inquiry.

Observing the political undertones of the case, the Supreme Court noted that prior statements by top police officials defending subordinate officers had the potential to undermine public trust in impartiality of the investigation. It held that the families of the deceased and injured had a right to an unbiased and independent probe. Accordingly, as an interim measure, the investigation was transferred to the CBI, with directions to appoint a senior officer and supporting staff, while the previously ordered SIT and State-level Enquiry Commission were to remain suspended pending the central investigation.

Further, the Court set up a three-member Supervisory Committee headed by former Justice Ajay Rastogi (Retd.), assisted by two senior IPS officers not native to Tamil Nadu, to monitor and guide the CBI investigation. The Committee was empowered to review evidence, supervise the investigation, and issue directions to ensure its impartiality, transparency, and timely completion. The State of Tamil Nadu was directed to provide full logistical and financial support to the Committee.

The Court clarified that these interim directions were passed on a prima facie basis and reserved the merits for further orders after the filing of counter affidavits. The petitions relating to framing of SOPs for political rallies were to be assigned to a Division Bench of the High Court for further hearing.

The Bench concluded that in view of the exceptional gravity of the Karur stampede, its ramifications for public confidence in law enforcement, and the fundamental rights of the victims and their families, a fair, impartial, and independent investigation by the CBI under the supervision of the Supervisory Committee was necessary to restore trust in the criminal justice system.

Takeaway: The Supreme Court emphasized that in cases of large-scale tragedies where public trust in local authorities is in doubt, the transfer of investigation to an independent central agency like the CBI is necessary to ensure fairness, impartiality, and public confidence in the justice process.

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Navtej Singh Johar v Union of India

Navtej Singh Johar v Union of India (2018): A Landmark Judgment on Decriminalization of Same-Sex Relations

Case Title: Navtej Singh Johar v Union of India
Court: Supreme Court of India
Citation: AIR 2018 SC 4321
Date of Decision: September 6, 2018
Bench: Chief Justice Dipak Misra, Justices Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud, Indu Malhotra

Background of Section 377 and Historical Context

The Navtej Singh Johar v Union of India case involved Section 377 of the Indian Penal Code. This law, enacted during British rule in 1860, criminalized “carnal intercourse against the order of nature.” For many years, it was used to target consensual same-sex relationships.

In 2009, the Delhi High Court decriminalized consensual homosexual acts in Naz Foundation v. Government of NCT of Delhi. However, the Supreme Court reversed this decision in 2013 in the case of Suresh Kumar Koushal v Naz Foundation, reactivating Section 377.

The petitioners in Navtej Singh Johar v Union of India, including dancer Navtej Singh Johar, challenged the law. They argued that it violated their fundamental rights under Articles 14, 15, 19, and 21 of the Indian Constitution.

Key Issues in the Case

The case raised several important constitutional questions:

  1. Constitutionality of Section 377: Did Section 377 violate fundamental rights, including equality, privacy, and freedom of expression?
  2. Vagueness of Section 377: Was the law’s definition of “carnal intercourse against the order of nature” vague and arbitrary?
  3. Social Morality vs. Constitutional Morality: How much weight should social morality carry in interpreting constitutional rights?

Petitioners’ Arguments

The petitioners, in Navtej Singh Johar v Union of India, presented several strong arguments:

Violation of Equality and Non-Discrimination (Article 14)

The petitioners argued that Section 377 was discriminatory. It criminalized consensual same-sex acts but did not punish similar acts between heterosexuals. This, they claimed, violated the principle of equality under Article 14 of the Constitution.

Violation of Right to Dignity and Privacy (Article 21)

The petitioners further argued that Section 377 violated their right to privacy. In the case, they referred to the landmark Puttaswamy judgment, which recognized sexual orientation as a fundamental aspect of privacy.

Violation of Freedom of Expression (Article 19)

The petitioners also emphasized that sexual orientation is part of personal expression. Criminalizing same-sex relations, they argued, infringed upon their right to freedom of expression under Article 19.

Constitutional Morality over Social Morality

The petitioners asserted that laws should be based on constitutional morality. In their view, Section 377 was rooted in outdated Victorian values and not in line with modern constitutional principles.

Human Dignity and Protection from Harassment

Finally, the petitioners argued that Section 377 led to the harassment and marginalization of LGBTQ+ individuals. The law, they contended, promoted discrimination, alienation, and social exclusion.

Union of India’s Position

The Union of India did not defend Section 377 in the case. The government took a neutral stance, leaving the matter to the Court’s discretion. Some intervenors, however, argued that decriminalizing same-sex relations could harm public morality.

Supreme Court’s Judgment

The Supreme Court delivered a landmark ruling in Navtej Singh Johar v Union of India. The Court read down Section 377 to exclude consensual homosexual acts between adults. The law remained applicable for acts involving minors, bestiality, and non-consensual relations.

Unconstitutionality of Section 377 for Consensual Same-Sex Relations

The Court ruled that Section 377 violated the Constitution, particularly Articles 14, 15, 19, and 21. It found that criminalizing consensual same-sex acts violated the fundamental rights to equality, dignity, privacy, and freedom of expression.

Right to Equality (Article 14)

The Court ruled that Section 377 violated Article 14 by creating an arbitrary and irrational distinction based on sexual orientation. The law had no legitimate connection to any state interest.

Right to Privacy and Dignity (Article 21)

The Court emphasized that sexual orientation is an integral part of one’s identity. Justice Chandrachud, in his opinion, noted that criminalizing same-sex relations violated the right to personal autonomy and freedom.

Constitutional Morality vs. Social Morality

The Court highlighted that laws must align with constitutional values, such as equality and dignity. It affirmed that constitutional morality should prevail over social morality, which can be discriminatory or regressive.

Freedom of Expression (Article 19)

Justice Malhotra emphasized that sexual orientation is a form of self-expression. In the Navtej Singh Johar v Union of India case, the Court ruled that criminalizing it violated the right to freedom of expression, as it stifled individual identity.

Protection of LGBTQ+ Rights

The judgment acknowledged the long-standing discrimination faced by LGBTQ+ individuals. The Court ruled that they were entitled to equal treatment and protection of their rights as citizens.

Conclusion

The ruling in Navtej Singh Johar v Union of India marked a historic victory for LGBTQ+ rights in India. The Supreme Court’s judgment decriminalized same-sex relations, affirming the constitutional principles of equality, dignity, privacy, and freedom of expression. This decision reflects a shift in India’s legal framework, where constitutional values now take precedence over outdated societal norms.

While Section 377 remains in place for non-consensual acts and bestiality, the Navtej Singh Johar v Union of India case represents a significant step toward securing equal rights for LGBTQ+ individuals in India.


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