The Madras High Court directed the Tamil Nadu DGP to appoint a CB-CID officer to investigate the alleged custodial death of R Akash Delison. The court also ordered the inclusion of the SC/ST (Prevention of Atrocities) Act in the probe.
Madras HC Orders CB-CID Probe, Inclusion of SC/ST Act
The Madurai Bench of the Madras High Court has directed the Director General of Police (DGP) to appoint a police officer not below the rank of Deputy Superintendent of Police from the CB-CID to investigate the death of R Akash Delison, who allegedly died in police custody earlier this month. The court on Wednesday also ordered that relevant provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act be included in the investigation.
Court Addresses Protests, Forms Peace Committee
Justice L Victoria Gowri observed that while the right to peaceful protest is constitutionally protected, such demonstrations should not cause undue hardship to the public, particularly by obstructing national highways.
In order to arrive at an amicable solution and maintain public order, the court constituted a peace committee comprising advocates K Samidurai, C Mayil Vahana Rajendran, and KC Ramalingam. The committee was tasked with persuading the protesters to continue their demonstration peacefully by shifting the protest venue from the Manamadurai-Rameswaram National Highway to the Manamadurai Old Bus Stand. The court directed the protesters to cooperate with the peace committee.
The court observed that the State was duty-bound to ensure that the provisions of the special legislation were implemented in their true spirit. It noted that the criminal justice system in a democratic polity is intended not merely to punish offenders, but fundamentally to secure justice in a citizen-responsive and victim-centric manner.
Petition Details Allegations of Custodial Torture
The court was hearing a petition filed by A Rajeshkannan, father of the deceased youth, seeking a direction to the State to register a criminal case for murder arising out of the alleged custodial torture, under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, along with the applicable provisions of the SC/ST (Prevention of Atrocities) Act.
Lawyer Outlines Alleged Torture from Remand Report
Advocate Henri Tiphagne, appearing for the petitioner, argued that the case was a clear instance of custodial death resulting from torture and that the provisions of the SC/ST Act should therefore be invoked. He further submitted that, according to the remand report issued by the Manamadurai Judicial Magistrate, Akash had told the magistrate that police personnel had blindfolded him, placed his legs on stones, covered them with a wet sack, and repeatedly struck them with an iron rod, causing severe injuries and heavy blood loss.
Akash was later taken to Manamadurai Government Hospital, where he was allegedly threatened by the police to inform doctors that he had sustained injuries after falling from a bridge in Melapasalai. He reportedly told the doctors that he did not know who had assaulted him. The report also recorded that the scratches on his body were caused by thorns. The materials on record, the counsel argued, strongly indicated custodial violence.
State Submits Status Report
Additional Advocate General M. Ajmal Khan submitted a status report detailing the steps taken by the State. He informed the court that the investigation had already been transferred to the CB-CID and that substantial progress had been made. The court subsequently posted the matter for further hearing on March 12. (ANI)
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