Madras High Court Mandates CB-CID Investigation with SC/ST Act in Custodial Death Case
The Madras High Court has issued a significant directive in response to a petition concerning the death of a man in police custody in Manamadurai, Sivaganga district. On Wednesday, the court ordered the Director General of Police to appoint a police officer not below the rank of Deputy Superintendent of Police from the CB-CID to take over the investigation. Crucially, the court mandated the inclusion of relevant provisions from the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the case.
Petition Highlights Evidence of Custodial Violence
The court was hearing a petition filed by A Rajesh Kannan, the father of the deceased man named Akash. Represented by counsel Henri Tiphagne, the petitioner presented a community certificate issued by the Manamadurai tahsildar, confirming that Akash belonged to a scheduled caste community. Tiphagne argued that this case clearly involved custodial death allegedly resulting from torture, thereby immediately attracting the provisions of the SC/ST Act.
He further submitted that the remand report from the Manamadurai judicial magistrate contained circumstances strongly indicative of custodial violence. Justice L Victoria Gowri noted that the remand report revealed significant details about Akash's condition. Specifically, it indicated that the remand prisoner was produced with a large white POP bandage on his right leg extending from thigh to toe, and he had made complaints alleging torture and ill-treatment by the police.
Medical Evidence and Judicial Observations
The mortuary label indicated that the cause of death involved fat embolism, a condition commonly associated with fractures of long bones. Justice Gowri observed that the contents of the community certificate, the remand report, and the available medical material prima facie disclosed circumstances warranting the invocation of the SC/ST Act provisions.
"The state, being the constitutional guardian entrusted with the enforcement of criminal law, is duty bound to ensure that the mandates of such special legislations are implemented in their true spirit," the judge stated. Consequently, the court directed the CB-CID to alter the case by including the relevant provisions of the SC/ST Act.
State's Response and Protest Concerns
During the proceedings, the state submitted that the case had already been transferred to the CB-CID and that the investigation was proceeding appropriately. The state also highlighted that certain groups had held protests and blocked the Manamadurai–Rameswaram national highway. Given that the current month coincides with the examination season, such blockades were causing considerable hardship to school students and the general public.
Justice Victoria Gowri acknowledged these concerns, stating that such protests cannot be permitted to cause undue hardship. To facilitate an amicable resolution and maintain public order, the judge constituted a peace committee consisting of three advocates: K Samidurai, C Mayil Vahana Rahendran, and K C Ramalingam.
Formation of Peace Committee
The judge directed that this committee shall proceed to the protest venue and facilitate peace talks with the protesters. The protesters were instructed to cooperate with the committee to ensure a peaceful and orderly resolution. This move aims to balance the need for justice in the custodial death case with the imperative to prevent disruption to public life, especially during critical periods like exam seasons.
This ruling underscores the judiciary's commitment to enforcing special protections for marginalized communities and ensuring thorough investigations into alleged police misconduct, while also addressing broader social order concerns.
