HC appreciates TN govt's decision to hand over probe into death of father&son to CBI

The court directed deputing revenue officers to the Sathankulam Police station to preserve "clue materials" seized following the death of the two, after the Principal district judge submitted policemen there were not cooperating with the Judicial Magistrate on conducting the enquiry under Cr.PC. It summoned three policemen, including an Additional Superintendent, to appear before it for allegedly trying to prevent an enquiry by the Judicial Magistrate and directed their transfer by the government, besides registering contempt case against them.

The Madras High Court on Monday appreciated the Tamil Nadu government's decision to transfer the probe into the death of a father-son duo, alleged victims of police torture, to the CBI, in an indication that it could give its nod for the premier agency to take over the case. The court directed deputing revenue officers to the Sathankulam Police station to preserve "clue materials" seized following the death of the two, after the Principal district judge submitted policemen there were not cooperating with the Judicial Magistrate on conducting the enquiry under Cr.PC.

It summoned three policemen, including an Additional Superintendent, to appear before it for allegedly trying to prevent an enquiry by the Judicial Magistrate and directed their transfer by the government, besides registering contempt case against them. On Monday, the Additional Advocate General submitted that the state government intended to transfer the case to the Central Bureau of Investigation after getting the court's formal nod, which has taken up the matter.

Justices P N Prakash and B Pugalendhi, after hearing the AAG's submission, said the court appreciated the deference shown to the court. It was the policy decision of the Tamil Nadu government to transfer such cases to the CBI, it said. Kovilpatti DSP should hand over the case diaries for the safe custody of the Judicial magistrate, as they could be later given to the CBI.

Chief Minister K Palaniswami on Sunday said the state government has decided to transfer the probe into the death of the father-son duo, allegedly thrashed by police in the Sathankulam police station, to the CBI. Further, the bench directed Tuticorin collector to depute revenue officers to Sathankulam Police station for the purpose of preserving the "clue materials" seized following the death of the traders.

The direction was given on the submission of the Principal district judge that personnel at the Sathankulam police station were not cooperating with the Judicial magistrate in conducting the enquiry under the Criminal Procedure Code (Cr.Pc). The judge also directed the assistant director of the forensic laboratory at Tuticorin to collect the clue materials and assist the Judicial Magistrate.

If necessary, a team of forensic experts from Tirunelveli could be sent for the same. The judges directed the initial post mortem certificate be given to the Chief Judicial magistrate of Tuticorin, and the same may be handed over to the CBI investigating officer (in the event of the case being transferred to it).

The also court directed D Kumar, ADSP, Tuticorin, C Prathapan, DSP and Maharajan,a constable attached with the Sathankulam Police Station to appear before it on Tuesday following the Judicial Magistrate's report that they were doing everything at their command to prevent his enquiry. The court directed the Tamil Nadu government to transfer the three out of their present postings.

"We are of the view that the investigation will be affected if they continued in Tuticorin," the bench said. The court also directed the AAG to come in person to the court along with the D I G (Range) and Tuticorin SP.

The court was also informed that Police officials did not cooperate with the JM and that policemen at the station were taking video of magisterial proceedings and did not hand over records called for by the Judicial Magistrate. One of the policemen made disparaging remarks against the JM in the presence of Kumar and Prathapan, the JM submitted.

The Judges said the report submitted by the JM was sufficient to initiate criminal contempt proceedings against Kuma, Prathapan and Maharajan and directed that a contempt case be registered against them. The Judges also directed the state government to apprise the court of the implementation of the "Police Well-being Programme" for addressing the psychological needs of policemen and their family members.

P Jayaraj and his son Fennix, arrested for 'violating' lockdown norms over business hours of their cellphone shop, died at a hospital in Kovilpatti on June 23, with the relatives alleging that they were severely thrashed at the Sathankulam police station by police personnel earlier. The incident had triggered a nation-wide furore, leading to the suspension of five policemen, including an inspector and two Sub-Inspectors.

Meanwhile, all the existing police personnel attached to Sathankulam station have been transferred out. A total of 29 persons, including two sub-inspectors have been posted to the station, police said.

An inspector had been already transferred, replacing the incumbent, who has been placed under suspension. Meanwhile, reports in a section of media claimed that CCTV images showed the father-son duo purportedly not resisting arrest earlier as made out by the police.