SEKAR REPORTER

Court News from Madras High Court

Hon”ble justice S.M. Subramaniam heard writ petition. High Court has directed the Respondents (DGP, Home Secretary, I.G., Commissioner of Police) to file counter in the writ petition. The Writ Petition has been adjourned to 07.03.2022. The Petitioner prayed to issue direction to DGP & others for taking department action as against erring police personnel.

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[2/28, 12:34] R KARUNANIDHI, ADVOCATE: Today item 6 at court hall 4.

Hon”ble justice S.M. Subramaniam heard writ petition.

High Court has directed the Respondents (DGP, Home Secretary, I.G., Commissioner of Police) to file counter in the writ petition. The Writ Petition has been adjourned to 07.03.2022. The Petitioner prayed to issue direction to DGP & others for taking department action as against erring police personnel.

The Petitioner is the victim (mother) who lost his son in the illegal custodial death happened at S.S . COLONY police station, Madurai city. Earlier high court transferred investigation to CBCID. The Superintendent of Police (CBCID) filed chargesheet against Inspector and others. The petitioner is seeking department action against police officers.

Thank you
R. KARUNANIDHI
Advocate
[2/28, 12:35] Sekarreporter 1: 🌹

 

 

 

 

N THE HIGH COURT OF JUDICATURE MADRAS AT 

MADURAI BENCH

(Special Original Jurisdiction)

 W.P.(MD).No.    3669  of   2022

 

  1. Jeya (48/2022)

W/o. K. Mohan

Door No. 9/3, Kaalai Ambalakarar Street

Kochadai

Madurai – 625 016                                                                  …                      Petitioner

              -Vs-

 

  1. The State of Tamil Nadu

Represented by its Secretary to Government

Home Department, Secretariat

Chennai- 600 009

 

  1. The Director General of Police

Dr. Radhakrishnan Salai

Mylapore

Chennai –600 004

 

  1. The Inspector General of Police

South Zone

Madurai – 625 002

 

  1. The Commissioner of Police

Madurai City

Madurai – 625 002

 

  1. The Superintendent of Police

South Zone

Crime Branch Crime Investigation Department (C.B.C.I.D)

No. 220, Pantheon Road, Egmore

Chennai –600008

 

  1. S. Alex Raj

S/o. M.S. Selvaraj

The then Inspector of Police

S.S. Colony Police Station

Madurai City

Madurai – 625 001

 

  1. R. Ravichandran

S/o. Raman

Special Sub Inspector of Police

D.2. Sellur Crime Police Station

Madurai City

Madurai – 625 001

 

  1. S. Ravichandran

S/o. Santhanam

Head Constable

City Crime Branch Unit-1, Madurai City

Madurai – 625 001

 

  1. C. Satheesh Kumar

S/o. Chinnasamy

Police Constable Traffic Wing

Avaniyapuram Limit

Avaniyapuram

Madurai District                                                                        …                                                        Respondents

 

 

AFFIDAVIT OF THE PETITIONER

 

I, M. Jeya wife of K. Mohan, Hindu, aged about 48 years old, residing at Door No. 9/3, Kaalai Ambalakarar street, Kochadi, Madurai – 625 016 and do hereby solemnly affirm and sincerely state as follows:-

 

  1. I am the Petitioner herein and mother of deceased namely Muthu Karthick and as such I am well acquainted with the facts of the case and I have not specifically filed any other separate writ petition for the same relief as sought for in this Writ Petition.

 

  1. I submit that I filed thins Writ Petition before this Hon’ble Court and prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS or any other writ or order in the nature of writ directing the Respondents No: 1 to 4 to initiate departmental disciplinary action as against the Respondents No: 6 to 9 who killed the Petitioner’s juvenile deceased son Muthu Karthick in their police illegal custody by considering the Representation dated 10.06.2021 and 17.09.2021 and more particularly considering the fact that the Respondent No: 5 has filed Charge-sheet against the Respondents No: 6 to 9. I state that the Respondent No:5 is Superintendent of Police (CBCID -Department) has conducted investigation against the erring police officials i.e., Respondents No: 6 to 9 who killed my juvenile deceased son in their illegal police custody. I state that the learned Vth Additional Sessions Judge, Madurai took cognizance against the Respondents No: 6 to 9 for the offences under Sections 343, 304(2), 166(A), 201, 204, of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

 

  1. I submit that I married one Mohan around 22 years ago. Out of our wedlock, we blessed with two male children namely Muthu Karthick aged about 17 years old and Muthu Pandi aged about 15 years old. My elder son had studied 10th My younger son is presently studying 1st year B.Sc graduation at Thirumalai Mannar College, Madurai. I and my husband were engaged in daily wage (cooli worke) and living along with family in the above mentioned address. I use to sell flowers at our locality. I state that my elder son was working as a cleaner in an earth mover vehicle namely Poclain due to our poverty and not able to continue his studies. He learned to drive the Poclain vehicle. He used to go for cleaner work and come to home once in a week or alternative weeks.

 

  1. I submit that I came to know that earlier on 03.01.2019 one Kalyanasundaram gave a complaint and in connection with the same the police officers attached to the S.S. Colony Police Station have enquired about the incident with all the locality people including my son on 04.01.2019 since the defacto complainant alleged that some jewels were missing. Following the police instructions’ on 07.01.2019 at about 07.00 P.M. I went to police station along with my son Muthu Karthick and appeared before the Inspector of Police attached to the S.S. Colony Police Station and Inspector had interrogated though there was no case registered against my son.

 

  1. I submit that in these circumstances on 08.01.2019 at about 07.00 A.M., my son had gone to Panthalkudi area with regard to his Poclain cleaner work at Ramco Cement manufacturing factory. Thereafter my son Muthu Karthick was in regular contact with me over cell phone. I called my son Muthu Karthick on 13.01.2019 at about 01.00 P.M. and asked about his health and verified whether he had food or not and I disconnected cell phone. I submit that in the meanwhile on 13.01.2019 at about 10.15 P.M. police officers attached to the S.S. Colony Police Station Inspector of Police, Sub Inspector Satheesh, Police Ravi and others had entered into my house without informing anything and they searched in Almirah, suit cases and other places at our house. The police officers when they about to leave and informed me that they were searched some missing jewels. After knowing the said missing jewels were not in my house and they left. Even the said enquiry was conducted nevertheless there was no case registered as against my son.

 

  1. I submit that my son Muthu Karthick’s cell number was not reached after 13.01.2019 evening onwards. I submit that thereafter I and my husband rushed towards Panthalkudi area on 15.01.2019 to trace my son since his number is in switched off. I further state that I enquired with one Watchman Jeyaraman and driver Ravi at Ramco cement unit. They informed me that my son went to have lunch on 13.01.2019 and thereafter he did not return to work. In the meantime on 15.01.2019 at about 10 P.M. my son called me and my son could not speak well. I understand that he was under some persons’ illegal custody. Thereafter his cell phone again went switched off.

 

  1. I submit that in the meantime on 16.01.2019 at about 03.00 P.M, I received a cell phone call from my son bearing number 8610115017. He had spoken with me in a hurried manner and insisted me to bring Identity Cards, School certificates and other proof urgently to the S.S. Colony Police Station. I was shocked and anxiety to hear his dry dread voice from the police station. Immediately I went to the S.S. Colony police station and the police officers had collected my Aadhar card and my husband’s Aadhar card and my son’s Aadhar card. The police had informed me that they registered a petty case and requested me to take care of my son. One Sub Inspector of Police Satheesh and Inspector of Police have obtained my signature in blank white papers. Thereafter the police officers have taken my son Muthu Karthick on 16.01.2019 at about 06.30 P.M, to the Government Rajaji Hospital, Madurai for conducting medical checkup to my son. Again the police officer had taken my son on 16.01.2019 at about 07.30 P.M. to the residence of the learned Judicial Magistrate Court No-III, Madurai and thereafter the learned Judicial Magistrate has informed the police to bring my son on 18.01.2019 to the Juvenile Justice Court, Madurai. I came to know that the police officers attached to the S.S. Colony Police station have registered a case and remanded my son in Crime No: 24 of 2019 with regard to some commission of alleged offences under sections 387 and 506 (II) of I.P.C. I state that on the same day I received an S.M.S. for the same with regard to the remand.

 

  1. I submit that on 16.01.2019 at about 9 P.M. I and my husband and my son had reached my home. Thereafter my son could not able to even open his mouth and he struggled to speak with me. Furthermore he was suffered even for normal breathing. Immediately I and my husband had taken my son to Vijayaraj Specialty hospital for taking medical treatment. The doctor advised me to admit my son immediately since he was having multiple injuries over his body and severe fever. Thereafter my son was hospitalized at Vijayaraj Specialty hospital as in person. I state that I repeatedly asked my son why the police officials had taken him to their custody. In turn, my son informed me that one Inspector of Police, Sub Inspector of Police Satheesh, Policemen one Ravi and another one police Ravi had taken my son on 13.01.2019 at about 2 P.M. at Panthalkudi and taken him to Thilagar Thidal police station and different police station as illegal custody. My son informed me that he was kept continuously inside a police van and beaten by police officials. My son further informed me that he was kept under the police illegal custody and the above said police officials repeatedly forced to accept the guilty. My son was severely tortured by the police officials in a barbaric manner and inhumanly during the illegal custody. My son informed me that police officials assaulted on his head, hand, legs and other parts of body. I state that my son was beaten badly by the police officials due to which he vomited blood in their custody. Following the severe physical torture my son got unconscious and thereafter they made my son to call me and handed over custody. My son told me that he was under the police illegal custody from 13.01.2019 to 16.01.2019. I submit that the Government Rajaji hospital doctors informed me that my son’s kidney got damaged following severe blunt force and assault. After some treatment my son was shifted to Government Rajaji hospital for further treatment.

 

  1. I state that on 18.01.2019 at about 3 P.M. I went to the Juvenile Justice Board, Madurai and submitted a written complaint to the learned Judicial Magistrate at Juvenile Justice Board. The learned Judicial Magistrate has enquired all the incidents and physical torture which were happened in the illegal police custody. The learned Judicial Magistrate has taken my complaint and informed me that she would send a person from the court for appropriate enquiry. I state that after two days one officer came from the Juvenile Justice Board, Madurai and meticulously enquired about the illegal torture and further the said officer has requested me to come to the Juvenile Justice Court on 21.01.2019.

 

  1. I state that my son had taken treatment from 18.01.2019 to 24.01.2019 at the Government Rajaji Hospital, Madurai and thereafter on 24.01.2019 at about 10.00 A.M. my son was died at hospital. I and my husband could not control our cry and thereafter the body was sent to mortuary. Some of the police officers who conducted interrogation had continuously followed me and forced me to get body without conducting postmortem. I and my relatives had conducted demonstration for about two hours and further demanded justice to my deceased son. As we refused to withdraw the protest, I and other people were arrested by the police and shifted nearby hall at Goripalayam. The police officers after 6 P.M released from their custody. I state that the police should avoid abuse of power and safeguard citizens in the society. But contrary to the same the police acted illegally and take off my son’s life. It is clear case of misconduct.

 

  1. I state that without conducting any postmortem on 26.01.2019 at about 08.30 P.M., I and my husband were forced to get the body and police had pressurized me till bury my son at Puliyankulam. On the same day 26.01.2019 we buried my son body at Puliyankulam burial ground near Silaiman, Madurai district. I state that the medical officers have not conducted postmortem though the Government Rajaji hospital authority mortuary receipt clearly indicates my son was having multiple injuries and kidney injuries. I state that prior to death itself on 19.01.2019 I sent complaints to various higher official and our High Court Registrar office also forwarded my complaint to

the Commissioner of Police, Madurai City for further action vide proceedings in ROC.No: 2621/2019/F/MB dated 08.02.2019. Further one of my friend son’s namely Raja Mohammed had sent a complaint to the District Collector Madurai on 26.01.2019.

 

  1. I submit that earlier I have filed Writ Petition before this Hon’ble Court in W.P.(MD).No. 5143 of 2019 and prayed to issue directions to take legal appropriate action based on my complaint and prayed further to entrust the investigation to CBCID for a fair and impartial investigation. Apart from the above said main prayer I also prayed as interim direction to exhume my deceased son’s body in order to conduct post-mortem. I submit that this Hon’ble Court has issued direction to the Tahsildar, South Taluk Office, Madurai and conduct Post Mortem by its order dated 08.03.2019. Accordingly the body was exhumed and Postmortem was conducted after this Hon’ble Court intervention. Thereafter on 20.03.2019, a direction was issued to the Registrar Judicial Madurai Bench of Madras High Court to obtain remarks from the Juvenile Justice Board/Judicial Magistrate III Madurai about why the learned Judicial Magistrate has not entertained the juvenile when he was produced on 16.01.2019.

 

  1. I submit that after hearing my writ petition and considering the police involvement and police excessiveness, this Hon’ble Court transferred investigation to CBCID and it is relevant to extract the order on 26.03.2019, in Para No: 6, 7, 8:-

 

“6. This Court is not happy with the way the entire case is presently handled. Any amount to condemnation may not bring life to the boy, yet justice must be done to him. This boy might have had a faceless existence amidst us. And the society will soon forget him. But his life too is precious in our constitutional scheme of things, and this court cannot remain a mute spectator to this petrifying incident that chills and shocks its conscience. 

 

  1. 1. The ongoing investigation, in the opinion of this court is only likely to lead to farcical ends, and may well salt the insult this human life has been condemned to suffer in its grave, and this court is anxious that the investigation is taken to its logical conclusion. Keeping this in mind,

 

  1. This court transfers the investigation to the third respondent, who shall constitute an investigation team headed by an I.P.S officer within one week from the date of receipt of copy of this order, and the investigation tem must be informed to this court.

 

  1. This court will monitor the course of the investigation and require the Investigating office to be nominated periodically to this court.

 

  1. and, the Investigating Officer must not be shifted from this investigation without the sanction of this court, or till this Court expresses its dissatisfaction about the manner of the investigation.

  

  1. I submit that after the direction of this Hon’ble Court the Director General of Police (CBCID) has transferred the investigation on 10.04.2019, to Mrs. Rajeswari, I.P.S., Superintendent of Police, South Zone CBCID, Chennai as Investigation Officer. Further Mr. Saravanan, Deputy Superintendent of Police, CBCID was appointed as Assistant Investigation Officer. Subsequently, the CBCID department has registered a separate case in Crime No: 2 of 2019 under Section 174 of Cr.P.C. (Suspicious Death). In the meantime the Investigation Officer was changed and handed over to another one Mr. Vijayakumar, I.P.S. and the same was recorded by this Hon’ble Court. Subsequently the CBCID investigated the matter of custodial death and finally filed final report(Charge-sheet) against Mr. Alexraj, Inspector, Mr.Ravichandran, Special Sub Inspector, Mr. Ravichandran, Head Constable and Mr. Satheeshkumar, Grade I Police who are the Respondents No: 6 to 9 herein for the offences under sections 343, 304 (ii) of IPC. I state that the learned Judicial Magistrate Court No: IV, Madurai took cognizance for the offences under Sections 343, 304(2), 166(A), 201, 204, of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Now after committal proceedings the Sessions Case number is assigned as S.C. No: 289 of 2021 on the file of the learned Vth Additional District Sessions Judge, Madurai and trial is pending before the same court.

 

  1. It is pertinent to mention that this case is being monitored by this Hon’ble Court and during the investigation totally 114 witnesses have been examined by the investigation officer and recorded Statements under Section 161 of Cr.P.C. There are totally 117 documents filed along with charge-sheet and 12 material objects were seized in support of the prosecution case. It is relevant to mention here that the CBCID is a prime investigation agency in our state and based on the enormous material available with the investigation officer and charged the delinquent police officials. The police personal had beaten physically and caused several injuries on my deceased son during the illegal police custody from 13.01.2019 to 16.01.2019. Following the injuries my son’s health was deteriorated and the renal function of the Kidney were completely ruptured. On the day of remand, the learned Magistrate/ Juvenile Justice Board had permitted me to take my son along with me. Immediately, I admitted my son at Vijaraj Specialty Hospital, Madurai on 16.01.2019 at about 10 PM. I submit that hospital doctors informed me that my son’s kidney got damaged following severe blunt force and assault. After some treatment my son was shifted to Government Rajaji hospital for further treatment.

 

  1. I state that the police should avoid abuse of power and safeguard citizens in the society. But contrary to the same the police acted illegally and take off my son’s life. Hence, there is a gross violation of human rights and the fundamental rights of my son were violated by the erring police officials. Police excessive is clear case of misconduct. For this misconduct the Respondents No: 1 to 4 ought to have initiated departmental action but till date no action has been initiated as against the Respondents No: 6 to 9 nevertheless the fact that the 5th Respondent who is the Investigation Officer filed chargesheet as against the Respondents No: 6 to 9. The erring police officials have not been suspended till day nevertheless now the learned trial court is going to start the trial. The Accused erring police officials are highly influential persons and they belonged to uniformed service and I am having severe apprehension for fair trial.

 

  1. I state that I filed another Writ Petition for getting compensation and job to my son in W.P.(MD). No: 5259 of 2021. I state that while pending writ petition the Secretary to the Public (Law & Order) Department informed to this Hon’ble Court and sanctioned a sum of Rs.5 lakhs compensation on 13.12.2021 since the erring police officials committed an offence. I have received the sanctioned compensation a sum of Rs. 5 lakhs from the District Collector Office, Madurai.

 

  1. I state that I was advised to state that the Hon’ble Supreme Court held that “Custodial torture” is a naked violation of human dignity and degradation which destroys, to a very large extent, the individual personality. It is a calculated assault on human dignity and whenever human dignity is wounded, civilization takes a step backward — flag of humanity must on each such occasion fly halfmast. In all custodial crimes what is of real concern is not only infliction of body pain but the mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is physical assault or rape in police custody, the extent of trauma, a person experiences is beyond the purview of law. “Custodial violence” and abuse of police power is not only peculiar to this country, but it is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global. The Universal Declaration of Human Rights in 1948, which marked the emergence of a worldwide trend of protection and guarantee of certain basic human rights, stipulates in Article 5 that: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Despite the pious declaration the crime continues unabated, though every civilised nation shows its concern and takes steps for its eradication. It is useful to extract the Para: 22 of the decision reported in K.Basu -vs- State of West Bengal (1997 1 SCC Page 416), “Para No: 22. Custodial death is perhaps one of the worst crimes in a civilised society governed by the Rule of Law. The rights inherent in Articles 21 and 22 (1) of the Constitution require to be jealously and scrupulously protected.

 

  1. I submit I have sent a detailed representation to the respondents on 10.01.2021 along with the charge sheet filed by the CBCID Department and prayed to initiate departmental actions as against the erring police officials and demanded compensation. I submit that on 22.02.2021 also I went to Commissioner of Police office, Madurai City and met the Commissioner of Police and requested to take necessary action against the erring police officials. I state that on 19.01.2021 the

Tamil Nadu State Legal Service Authority has sent a communication to the District Legal Service Authority vide proceedings in TNSLSA No. 196/G/2021 dated 19.01.2021 and directed to initiate necessary action and the same was not considered till date. I submit that in this regard earlier I have sent representations on 10.06.2021, 26.06.2021, 13.07.2021 17.09.2021 and 24.12.2021 for taking disciplinary action against the erring police officials and providing compensation the death of my son but same was not considered till date. I and my husband are shattered after death of my son. I and my husband are awaiting justice to my son. I have been repeatedly asking the State Government to suspend the erring police personal and take action against them but till date no action was taken by the State of Tamil Nadu nevertheless the erring policemen killed my son and it was a clear case of misuse of sovereign power.

 

  1. I state that this Hon’ble Court while dealing a police custodial death case in connection with bail petition in the case of Sridhar – Vs- ADSP (Crl.O.P. (MD). No: 12665 & 12666 of 2020) held as follows, The case on hand is sensitized due to wider media coverage. Unfortunately, many such custodial deaths are not even brought into the limelight and those families are still facing untold agonies. Thus, dealing one case in wider manner is insufficient and the investigation in this regard are to be widened and suggestions for reformations are also to be offered by the authorities concerned and urgent actions are required to initiate corrective measures. The State of Tamil Nadu is reporting many number of custodial deaths in comparison with many other States across the country. It is a serious issue to be considered by the Director General of Police and urgent measures are required. Granting bail or declining bail in such sensitized cases would not provide any solution for the problem. The measures to be taken, corrections to be made, reformations and other wider implications are all of paramount importance to ensure, so as to protect the rights of common man”.  
  2. I state that the erring police officials were suspended from service and departmental action was initiated in Sathankulam custodial case. Five more policemen who were arrested in connection with the custodial death of father-son duo P. Jayaraj and J. Bennix in Sathankulam were placed under suspension as per orders of Thoothukudi Superintendent of Police and the same was recorded by this Hon’ble Court in the Suo Moto Writ Petition in W.P. (MD). No: 7042 of 2020 dated 24.06.2020. But the Respondents No: 1 to 4 is not showing any concern towards my son’s custodial death case for taking departmental action against the Respondents No: 6 to 9. The erring police officials were not taken into custody and they were not arrested by the CBCID police officials despite and the delinquents are allowed to work in service. The act of the Respondents No: 1 to 4 clearly violating my fundamental rights to get justice which are guaranteed under Article 14 and 21 of the Constitution of India. I state that the Police brutality is an offence which is a violation of civil rights of an individual. Excessive force by law enforcement officers is a violation of a person’s fundamental rights. The act of the Respondents No: 6 to 9 comes under misconduct and abuse their powers.

 

  1. I state that the Respondents No:1 to 4 ought to have taken action under the provisions of the Tamil Nadu Police Subordinate Service Discipline & Appeal Rules 1955 and the

Tamil Nadu Government Servant’s Conduct Rules, 1973. The Police excess itself is misconduct. The departmental authorities are free to exercise such lawful powers as are conferred on them by the departmental rules and regulations. The Respondents No: 6 to 9 are in uniformed service and definitely it is necessary to suspend them for conducting fair trial. Normally whenever a criminal case registered against Government officials normally the department officials initiate disciplinary actions but in my case after filing charge-sheet against the Respondents No: 6 to 9 till date no action was taken by the Respondents No. 1 to 4. The Revenue officials’ enquiry revealed that the police excess which led to killing of my son in the police illegal custodial torture.

 

  1. I state that the Director General of Police being the head of the department and having commanding power ought to have initiated departmental action for the misconduct of Respondents No: 6 to 9 since the Respondents No: 6 to 9 are involved in terrible crime of custodial death and more particularly considering the fact that the Superintendent of Police (CBCID) filed charge-sheet against the Respondents No: 6 to 9. I state that I am personally affected as a mother due to the illegal acts of the Respondents No: 6 to 9 and hence I have been requesting the Respondents No: 1 to 4 to initiate departmental action and sent several representations. But my representations were not considered by the Respondents No. 1 to 4 for the past more than two years. Hence I am filing this Writ Petition after the complete inaction of the Respondents No: 1 to 4. Further the theory of personal injury can very well be pressed into the service in this case.

 

  1. I state that my son was killed in the police custody and it is serious nature of offence. I have been repeatedly sending several representations dated 10.01.2021, 10.06.2021, 26.06.2021, 13.07.2021, 17.09.2021 and 24.12.2021 for taking disciplinary action against the erring police officials. But the Respondents No: 1

to 4 has not taken any action till date against the Respondents No: 6 to 9. My son’s precious life was taken away but no departmental enquiry was conducted till date. In the above circumstances, I have no other alternative efficacious remedy except to approach this Hon’ble Court under Article 226 of the Constitution of India.

 

 

For the reasons stated above, therefore it is respectfully prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS or any other writ or order in the nature of writ directing the Respondents No: 1 to 4 to initiate departmental disciplinary action as against the Respondents No: 6 to 9 who killed the Petitioner’s juvenile deceased son Muthu Karthick in their police illegal custody by considering the Representations dated 10.06.2021 and 17.09.2021 and more particularly considering the fact that the Respondent No: 5 has filed Charge-sheet against the Respondents No: 6 to 9 within a stipulated time that may be fixed by this Hon’ble Court and pass such further or other order as this Hon’ble Court may deem fit and proper in the nature and circumstance of the case and thus render justice.

 

Solemnly affirmed at Madurai on this         21st day of February, 2020 and the contents     of this affidavit were read over in Tamil to     the Petitioner and she understood the      contents of it and she signed in my presence.

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