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The Supreme Court today ordered a CBI investigation into the death of M K Ganapathy, a deputy superintendent of Karnataka police, saying there were “startling facts” in the case which needed to be probed in a fair manner.
DySP Ganapathy had died at Madikeri in Karnataka under mysterious circumstances on July 7 last year.
A bench, comprising Justices A K Goel and U U Lalit, allowed the appeal of M K Kushalapp, father of the deceased police officer, filed against the order of the Karnataka High Court rejecting his plea for CBI probe into the death case.
“There are certain startling facts in the case. Whether it is murder or suicide, it is required to be investigated in a fair manner,” the bench said.
It asked the CBI to file a status report on the probe before it within 3 months.
The top court said it was neither determining the nature of the offence, nor the fact as to who are guilty.
“But public confidence and societal requirement demand that the guilty persons must be reached,” the bench said while ordering the CBI probe into the matter.
The Karnataka government had opposed the plea in the apex court saying that a thorough and in-depth probe had been conducted in the case.
It was claimed in the appeal that before the death, the police officer had accused Bengaluru city development minister K J George and senior officers A M Prasad and Pranab Mohanty of harassing him.
The bench considered the allegations and said under these circumstances, the probe should be carried out by an independent agency.
Senior lawyer Kapil Sibal, representing the state government, opposed the plea and said the relevant materials could be submitted in the court to establish that the probe has been conducted fairly.
Another senior advocate A M Singhvi, who represented George, argued that the police officer was suffering from depression and had undergone treatment.
Senior lawyer Jayant Bhushan, appearing for the father of the deceased, said the state CID had probed the matter and filed the closure report without getting the forensic report.
The probe cannot be conducted by a state agency when former Home Minister and two senior officers are under the scanner, he alleged.
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