Tirupati Laddu Row | 'Independent Body Will Inspire Confidence' : Supreme Court Forms SIT To Investigate Ghee Adulteration Allegation

The Supreme Court on Friday (October 4) constituted an independent Special Investigation Team (SIT) to investigate the allegations about the use of adulterated ghee for the preparation of laddus offered as prasadam at Tirumala Tirupati Temple.

Saying that an independent body will inspire confidence, the Court substituted the SIT which was formed by the Andhra Pradesh Government.

The SIT will consist of two officers of the Central Bureau of Investigation(CBI) who will be nominated by the CBI director, two officers of the Andhra Pradesh State Police to be nominated by the State Government and a senior official of the Food Safety and Standards Authority of India (FSSAI).

The SIT investigation will be monitored by the CBI Director, the Court added. The Court further clarified that it is passing the order to assauge the feelings of the crores of devotees of the Tirumala temple deity and that its direction should not be seen as a reflection on the credibility of the members of the present SIT which was constituted by the State Government. 

The Court also clarified that it has not observed anything on the merits of the allegations and counter-allegations in the matter.  "We clarfiy that we will not permit the Court to be used as a political battleground," it obseved in the order.

A bench of Justices BR Gavai and KV Viswanathan was hearing a batch of petitions seeking court-monitored investigation into the controversy relating to Tirupati laddus. On the previous hearing date (September 30), after criticising the public comments made by AP Chief Minister Chandrababu Naidu, the Court had sought the Centre's view on the need for a Central investigation.

Today, Solicitor General of India Tushar Mehta said at the outset that if there is any element of truth in the allegations, then it is unacceptable. At the same time, the SG said that the present members of the Special Investigation Team constituted by the State Government are competent and independent; however, the SG suggested that the investigation of the SIT can be monitored by a Central Government officials.

Justice Gavai at this point 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. Luthra then 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.

Senior Advocate Kapil Sibal, appearing for Rajya Sabha MP and Ex-TTD Chairman YV Subba Reddy, stressed the need for an independent investigation, saying that the State SIT can't be expected to carry out an independent investigation in the light of the prior statements made by the Chief Minister Chandrababu Naidu. "It would be in the fitness of things if your Lordships have independent investigation. Had he(CM) not made the statement, it would have been another matter. It has an impact," Sibal said.

Senior Advocate Mukul Rohatgi, for the State of Andhra Pradesh, said that 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.

"How does he know lard was used?" Sibal asked in return. Rohatgi said the lab report said so. Countering this, Sibal said that the report referred to vegetable fats.

"These were two consignments of 6th and 12th July. And the TTD Chairman is on record that these were not used..." Justice Viswanathan told Luthra. Luthra however said that the ghee consingments which reached the hill on July 6 and 12th were contaminated. Sibal then asked why was the contaminated lot allowed to reach the hill shrine. Luthra countered by saying that the contract was given to the supplier in December by the previous regime.

Justice Gavai then suggested that let there be an independent SIT, with two members from the CBI, two from the State SIT and one member from the FSSAI.

"We don't want this to turn into political drama. If there is an independent body, there will be confidence," Justice Gavai said.

Following that, the Court dictated the order, disposing of the petitions filed by Dr.Subramanian Swamy, ex-TTD Chairman YV Subba Reddy, Suresh Chavhanke and Dr.Vikram Sampath.

The Court dictated the order as follows :

"FIR has 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. It is the allegation in the FIR that the adulterated ghee was used in the manufacture of prasadam laddus. The allegation in the FIR has the potential of hurting the sentiments of crores of people residing worldwide. On the last date, we had requeted the learned Solicitor General of India Tushar Mehta to take instructions as to whether the investigation can be continued by the SIT which was appointed by the State Govt. Shri Mehta, on instructions, stated that he has pondered about the credentials of the members of the SIT and all the members of the SIT have a good reputation. He therefore stated that the investigation can be conducted by the State SIT. He however submitted that that this court can appoint an officer of the Centre to supervise the SIT.

We have not gone into the allegations and counter-allegations. We clarify that we will not permit the Court to be used as a political battleground. However, in order to assauge the feelings of crores of people, we find that the investigation must be conducted by an independent SIT by the representatives of the CBI, the State Police and the FSSAI. We further direct that it is appropriate that the investigation is carried out under the supervision of the CBI director. We clarify that our order should not be construed as any reflection on the independence or fairness of the SIT members. We are passing the order only to assuage the feelings of crores of people having faith in the deity.

The SIT appointed by the State is substituted as : 2 officers of CBI nominated by the CBI Director,  2 officers of State police nominated by the State Govt and 1 senior officer of the FSSAI."

On the last date, the Court had questioned the propriety of Andhra Pradesh Chief Minister making a public statement when the matter was under investigation. The bench also orally observed that the lab report prima facie indicated that it was the rejected ghee samples which were subjected to the test. Ultimately, it asked Solicitor General Tushar Mehta to seek instructions as to whether the SIT constituted by the Andhra Pradesh government shall conduct the probe or a central agency.

To state briefly, the controversy arises out of a lab report made public by Andhra Pradesh Chief Minister N Chandrababu Naidu, as per which, samples of ghee supplied to Tirupati temple for preparation of laddus during the term of the previous YSRCP government were found to contain foreign fats (including beef fat and fish oil).

About five petitions seem to have been filed so far seeking reliefs including Court-monitored probe into the allegations and more accountability in Hindu temples managed by government bodies.

For details of the same, click here.

Case Title: Dr Subramanian Swamy v. State of Andhra Pradesh and Others, W.P.(C) No. 622/2024 (and connected cases)

Citation : 2024 LiveLaw (SC) 778

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