Why Mangaluru DySP was given service revolver for non-executive post: SC

New Delhi, Sept 6: The Supreme Court on Tuesday found “several missing links” in the Karnataka's CID probe into the death of deputy superintendent of police M K Ganapathy.

The sensational case has forced then Home Minister K J George as the deceased officer named him and two other officers, for harassing him before his death.

“We want to know the substance of the investigation. Why he was given service revolver when he was on non-executive posting. Perhaps he was overpowered by using his revolver and done to death by the belt. The doctors who conducted post-mortem does not say it is a 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,” a bench of Justices Adarsh Kumar Goel and U U Lalit said.

Allowing a plea by the father of deceased officer, the court directed the CBI probe into the case saying the CID investigation was monitored by the top brass of the state police and according to them, the investigation is over.

“Look at the sequence of events. He is posted at Mangaluru and comes to Madikeri and tells the wife that he is going to Bengaluru. At 11.30 am, he gives an 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 senior advocate Kapil Sibal, representing the Karnataka government

“There are missing links which reflect on the 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 police officer's 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 council 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 trial court, if it finds necessary, can direct further probe.

Sibal also contended that there would be another repercussion if the probe is handed over to the CBI. The court then pointed out that the CID was on August 8, last given the task of an investigation into the July 7 incident but it filed closure report on September 17.

The counsel submitted that a judicial probe by former HC judge Justice Keshavanarayan has been ordered. The report from 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. Kushalappa and his other son have challenged the Karnataka HC's order of October 19, last declining a plea for the CBI probe.