Observing that Gods should be kept away from politics, the Supreme Court on Monday questioned Andhra Pradesh Chief Minister N Chandrababu Naidu's public statement that animal fat was allegedly used in making Tirupati laddus under the previous YS Jagan Mohan Reddy-led regime.
The apex court said the laboratory test report was "not clear at all" and it prima facie indicated that 'rejected ghee' was subjected to test.
"It is very clear from the report that this is not the Ghee which has been used. Unless you are sure, how did you go to public with that?" a bench of Justices BR Gavai and KV Viswanathan said.
"It is not clear at all and it is prima facie indicating that these were rejected Ghee which were subjected to test. If you yourself have ordered investigation, where is the need to go to the press?" the bench told senior advocate Mukul Rohatgi, who was appearing for Andhra Pradesh.
The top court was hearing a batch of pleas, including those seeking a court-monitored probe into the alleged use of animal fat in making Tirupati laddus.
Observing that these pleas pertain to an issue which affects the sentiments of crores of people living in the world, the bench noted the chief minister had gone public making a statement that animal fat was being used to make Tirupati laddus under the previous regime.
It said according to the state, an FIR was registered on September 25 and a special investigation team was constituted on September 26 to probe the matter.
"It could thus be seen that the statement made by the chief minister was even prior to the FIR being lodged and the SIT being constituted on September 26, in as much as the chief minister has gone in public on September 18," the bench said.
"We are prime facie of the view that when investigation is under process, it was not appropriate on the part of a higher constitutional functionary to go in public to make a statement which can affect the sentiments of crores of people," it said.
The bench asked Solicitor General Tushar Mehta to assist it in deciding whether the investigation by the state-appointed SIT should continue or the probe should be conducted by an independent agency.
While posting the matter for hearing on October 3, the apex court asked the top law officer to ponder over the issue and assist it in this regard.
The bench noted there were some news reports which said executive officer of Tirumala Tirupati Devasthanams had also made a statement that adulterated ghee was never used.
Rohatgi said some of these petitions were not bona fide and they were meant to espouse the cause of the erstwhile government besides attacking the present government.
Senior advocate Sidharth Luthra, appearing for TTD, said since the ghee which was supplied earlier was found to be contaminated, it was found necessary to get the samples anaylsed.
"Only when the report came, the steps were taken," he said.
"You had ordered an investigation to SIT and till the outcome of such an investigation, what was the necessity to go to the press?" the bench observed, adding, "At least, we expect the Gods to be kept away from politics."
The bench observed that the report was received in July and the chief minister made a statement on September 18.
"Whether that Ghee, of which the sample was not found confirming to the standards, was used in the preparation of laddus?" the bench asked.
It asked the necessity to go to the press when the state had ordered an investigation.
"You know, it has not affected the sentiments of one lakh or two lakh persons, but crores and crores," the bench said.
"Where is the proof that this was the Ghee which was used in preparation of the laddus?" it said, while asking whether any second opinion was taken on the issue.
Mehta said this was a "matter of faith" and if adulterated ghee was used, it was "completely unacceptable".
He said someone will have to go into the question whether adulterated ghee was used, who was responsible and whether it was negligence or deliberate.
When the bench asked Luthra about reported statement of TTD's executive officer, the senior counsel said the petitioners have relied on newspaper reports.
"Take proper instructions and make the stand because what you are saying has grave implications …," the bench said.
Naidu claimed earlier this month that animal fat was used in preparing Tirupati laddus during the previous Reddy-led government in the state, triggering a massive political row.
The YSR Congress Party has accused Naidu of indulging in "heinous allegations" for political gains and the ruling Telugu Desam Party in the state circulating a laboratory report to back its claim.
