Include SC/ST Act provisions in custodial death case: HC to CB-CID

Madurai: Madras high court on Wednesday directed the director general of police to appoint a police officer not below the rank of deputy superintendent of police of CB-CID to take over investigation in the case in which a man died in police custody in Manamadurai in Sivaganga district, and to include relevant provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.The court was hearing the petition filed by the deceased man Akash's father, A Rajesh Kannan. The petitioner's counsel, Henri Tiphagne, produced before the court the community certificate issued by the Manamadurai tahsildar certifying that the deceased, Akash, belonged to the scheduled caste community. He submitted that the present case was a clear instance of custodial death allegedly arising out of torture, and therefore the provisions of the SC/ST Act were immediately attracted.He submitted that the remand report of the Manamadurai judicial magistrate disclosed circumstances strongly indicative of custodial violence. Justice L Victoria Gowri observed that the remand report revealed certain significant circumstances relating to the condition of Akash. The report indicated that the remand prisoner was produced with a large white POP bandage on his right leg extending from thigh to toe, and that he made complaints alleging torture and ill-treatment by the police. The mortuary label indicated that the cause of death involved fat embolism, which is commonly associated with fractures of long bones.The contents of the community certificate of the deceased, the remand report, coupled with the medical material presently available, prima facie disclosed circumstances that warranted the invocation of the provisions of the SC/ST Act. "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 observed, and directed the CB-CID to alter the case by including the relevant provisions of the SC/ST Act.The state submitted that the case was already transferred to CB-CID and the investigation was proceeding along the right lines. The state also submitted that certain groups held protests and blocked the Manamadurai–Rameswaram national highway. Since the present month coincided with the examination season, such blockades caused considerable hardship to school students and the general public.Justice Victoria Gowri observed that such protest cannot be permitted to cause undue hardship to the general public. In order to facilitate an amicable resolution and to maintain public order, the judge constituted a peace committee consisting of three advocates: K Samidurai, C Mayil Vahana Rahendran, and K C Ramalingam.The judge directed that the committee shall proceed to the protest venue and facilitate peace talks with the protesters. The protesters were directed to cooperate with the committee.