Madras High Court Pulls Up CB-CID Over Police Officer's Non-Arrest in Caste Killing
The Madras High Court has strongly criticized the Crime Branch-Criminal Investigation Department (CB-CID) for failing to arrest a police officer accused in a caste killing case. Justice L Victoria Gowri made sharp observations during a recent hearing, highlighting concerns about selective investigative practices.
Case Background and Petitioner's Plea
The court was hearing a petition filed by Krishnakumari, who is the third accused in the caste killing of youth C Kavin Selva Ganesh in Tirunelveli district. Krishnakumari is the mother of Surjith, the main accused in this tragic case.
Krishnakumari argued that the II Additional District Court in Tirunelveli issued a non-bailable warrant against her without first sending summons. She maintained that she had no direct involvement in the crime and was not arrested during the initial investigation phase. Through her petition, she sought immediate consideration of her recall petition upon surrender.
Justice Gowri's Powerful Observations
Justice Victoria Gowri delivered a compelling statement about justice principles. "Justice in this land has long been measured not by the status of the accused, but by the depth of the wrong and the voice of the aggrieved," she declared.
The judge referenced Tamil history, recalling the legendary King Manu Neethi Cholan. This ruler famously subjected his own son to legal punishment after the prince's chariot killed a calf. The king's action demonstrated that justice should make no exceptions, even for family members.
Justice Gowri connected this historical example to modern constitutional guarantees. She emphasized that Article 14 ensures equality before law, while Article 21 protects life and dignity. These provisions continue to uphold those timeless justice principles today.
Concerns About Caste Killings and Investigation Standards
The judge expressed deep concern about continuing incidents of honor killings driven by caste prejudice. "Yet, incidents of honour (caste) killing, driven by caste prejudice and misplaced notions of familial pride, remind us that the journey from legend to lived reality remains unfinished," she noted.
Justice Gowri stressed that investigations under the SC/ST (Prevention of Atrocities) Act require particular sensitivity and impartiality. Section 15A specifically mandates protection for victims and witnesses, demanding prompt and fair investigative procedures.
Specific Criticisms of CB-CID's Handling
In this specific case, Justice Gowri observed that the CB-CID allowed the petitioner to undergo interrogation without formal arrest. Considering the petitioner's position within the police department, this decision raised serious questions.
The court noted the brutal nature of the offense and the collective actions alleged against all accused persons. There was also concern about potential institutional influence from the first accused Surjith and second accused Saravanan, who is a suspended Sub-Inspector.
Justice Gowri expressed apprehension that not arresting the petitioner could enable witness intimidation or improper influence. This situation created tangible risks to the investigation's integrity.
Court's Final Decision and Reasoning
The Madras High Court ultimately dismissed Krishnakumari's petition. Justice Gowri explained that trial courts possess discretion to issue bailable or non-bailable warrants based on circumstances.
In this instance, the court found that the trial court appropriately exercised this discretion. The decision prioritized larger societal interests while addressing the serious social evil of honor killings. The approach balanced these concerns without disproportionately affecting personal liberty.
This ruling reinforces that investigative agencies must apply standards consistently, regardless of an accused person's position within law enforcement. The court's message is clear: justice should never show partiality, especially when dealing with serious crimes like caste-based violence.
