Can plea for guidelines on political rallies fall within jurisdiction of Writ Petition (Criminal)? SC asks Madras HC to explain

The Supreme Court has asked the Madras High Court to explain if a writ petition praying for formation of SOP / Guidelines for the rallies of political parties and roadshows, how far it would fall within the jurisdiction of Writ Petition (Criminal). 

"It shall also be explained that in WP Crl. No. 884 of 2025 which was filed for different relief but as per the orders of the High Court it was kept pending for formation of the SOP/guidelines, why the said matter was not treated as Public Interest Litigation (PIL) and whether it will be listed before the learned Single Judge or the Division Bench", a bench of Justices JK Maheshwari and NV Anjaria has ordered while directing that an explanation in this regard be furnished by the Registrar (Judicial) of the High Court after bringing the instant order in the knowledge of the Chief Justice of the High Court.

This order has been passed by the Supreme Court's bench of Justices JK Maheshwari and NV Anjaria while directing a CBI investigation into the Karur stampede, observing that the incident had a direct bearing on the fundamental rights of citizens. Court has also constituted a three-member committee headed by former Supreme Court judge Justice Ajay Rastogi to oversee the investigation.

Referring to Writ Petition Criminal which was filed on 16th September, 2025 before the Principal Bench of the Madras High Court by the TVK seeking permissions for conducting political campaigns led by its party leader, Actor Vijay, the Supreme Court noted that a single judge bench, without adverting to the prayers made before it, had directed that the State Government to come up with the guidelines with regards to collection of security deposit from the political parties which intend to have huge public meetings, gatherings or demonstrations.

"...learned Single Judge has suo moto decided to enlarge the scope of the writ petition, stating extraordinary circumstances require extraordinary measures, even in absence of pleadings and prayer for constitution of SIT", the Supreme Court noted while referring to increase in the multiplicity of proceedings with respect to the same cause, subject matter and seeking similar prayers.

"Pertinently, the Karur stampede falls within the jurisdiction of the Madurai Bench where, writ petitions, seeking investigation by the CBI and also formation of SIT were filed and heard by a Division Bench on the same date. Such being the case, there was no occasion for the learned Single Judge of the Main Seat of the Madras High Court to entertain WP Crl. No. 1000 of 2025, without orders of the Chief Justice of the High Court in that regard.", Supreme Court has further observed while calling for a response from the High Court.

The Tamilaga Vettri Kazhagam (TVK), led by actor and party chief Vijay, had approached the Supreme Court seeking an independent probe under the supervision of a former Apex Court judge into the September 27 stampede at its rally in Tamil Nadu’s Karur district, which claimed 41 lives and injured several others.

The plea by TVK challenged the Madras High Court’s October 3 order forming a Special Investigation Team (SIT) led by the Inspector General of Police. The petition argues that the High Court itself questioned the independence of the state police but nevertheless directed a probe by senior police officers from the same force. “The petitioner-party and its leaders are prejudiced by the order which appoints an SIT composed solely of officers of the State Police, especially in view of the High Court’s own dissatisfaction with their independence,” the plea stated.

TVK further contended that the tragedy may have resulted from a pre-planned conspiracy by miscreants aiming to disrupt the rally and that a probe led by a retired Supreme Court judge is necessary to ensure impartiality. The party has also objected to the High Court’s strong remarks holding TVK leaders responsible for “fleeing from the scene” and not assisting victims, calling them “factually incorrect and contrary to record.” The plea asserts that TVK members, upon learning of people fainting, immediately took coordinated steps to provide medical aid and assistance.

The Madras High Court, while forming the SIT, had also banned political rallies, roadshows, and similar public events along highways until Standard Operating Procedures (SOPs) are framed. It had criticised TVK workers and the State government for their handling of the event.

Case Title: Tamilaga Vettri Kazhagam vs. PH Dinesh

Order Date: October 13, 2025

Bench: Justice JK Maheshwari and Justice NV Anjaria