The Supreme Court on Friday ordered an independent probe by the Special Investigation Team (SIT) under the monitoring of the Central Bureau of Investigation (CBI), into the allegations over the use of adulterated ghee for the preparation of laddus offered as prasadam at Tirumala Tirupati Devasthanam (TTD) temple.
The Bench of Justice BR Gavai and Justice KV Viswanathan, while observing that an independent investigation would inspire the confidence of millions of devotees, reconstituted the SIT formed by the Andhra Pradesh government.
The SIT would now comprise two officers of CBI nominated by the national agency’s Director, two officers of the Andhra Pradesh Police to be nominated by the state government, and a senior official of the Food Safety and Standards Authority of India (FSSAI).
The investigation would be monitored by the CBI Director, noted the Bench, while observing that it was passing the order to assuage the feelings of the crores of devotees of the Tirumala temple deity.
It said the verdict should not be seen as a reflection on the credibility of members of the present SIT constituted by the government of Andhra Pradesh.
The Bench further said that it has not observed anything on the merits of the allegations and counter-allegations in the matter, adding that it would not permit the Court to be used as a political battleground.
The order was passed on a batch of petitions seeking a court-monitored investigation into the controversy relating to the alleged use of contaminated ghee in the preparation of laddus at TTD.
Earlier on September 30, the Apex Court had reprimanded Andhra Pradesh Chief Minister Chandrababu Naidu for jumping to conclusion without looking at facts. The Bench had also issued notice to the Union of India, seeking its response on a Central probe in the matter.
Solicitor General Tushar Mehta contended that if there was any element of truth in the allegations, it was unacceptable.
The SG submitted that although the present members of the SIT constituted by the state government were competent and independent, the SIT probe should be monitored by Central government officials.
The Bench then asked Senior Advocate Siddharth Luthra, appearing for the Tirupati Tirumala Devasthanam (TTD), about the statement of the Andhra Pradesh Chief Minister reported in newspapers that he has no objection to any investigation ordered by the Court.
Senior Advocate Luthra requested the Court not to go by newspaper reports, saying that even the news reports about the statements purportedly made by the Executive Officer of the TTD were misleading.
Appearing for Rajya Sabha MP and former TTD Chairman YV Subba Reddy, Senior Advocate Kapil Sibal stressed the need for an independent investigation, saying that the state SIT could not be expected to carry out an independent investigation in the light of the prior statements made by Chief Minister Chandrababu.
Representing the State of Andhra Pradesh, Senior Advocate Mukul Rohatgi said the lab report from the National Dairy Development Board (NDDB) came way back in July and it was on that basis that the Chief Minister made the statement in September.
Sibal responded that the report referred to vegetable fats.
The Bench then told Senior Advocate Luthra that two consignments of July 6 and 12 were tested in lab. The TTD Chairman has said on record that these were not used.
However, the Senior Counsel said that the ghee consignments which reached the hill on July 6 and 12 were contaminated.
On a query by Senior Advocate Sibal why was the contaminated lot allowed to reach the hill shrine, Senior Advocate Luthra said the contract was given to the supplier in December by the previous regime.
The Apex Court observed that there should be an independent SIT, with two members from the CBI, two from the State SIT, and one member from the FSSAI.
It then disposed of the petitions filed by Dr. Subramanian Swamy, former TTD Chairman YV Subba Reddy, Suresh Chavhanke and Dr. Vikram Sampath.
The Court recorded in its order that an FIR had been registered alleging that the ghee supplied in two tankers on July 6 and in two tankers on July 12 by the same supplier was adulterated. The allegation in the FIR that the adulterated ghee was used in the manufacture of prasadam laddus had the potential of hurting the sentiments of crores of people residing worldwide.
On September 30, Solicitor General Tushar Mehta had agreed to take instructions on whether the investigation could be continued by the SIT appointed by the state government.
It was appropriate that the investigation was carried out under the supervision of the CBI Director. The order should not be construed as any reflection on the independence or fairness of the SIT members, since the verdict has been delivered only to assuage the feelings of crores of people having faith in the deity, it added.