On Friday, the Madras High Court has directed the jurisdictional Judicial Magistrate to conduct an enquiry into the alleged custodial deaths of a father and son who were lodged in Sub Jail, Kovilpatti in Thoothukudi District in Tamil Nadu.
In an FIR lodged against the deceased at Sathankulam Police Station on June 19, allegedly for violating lockdown restrictions and further for misbehaving with on-duty police personnel, the two were remanded to Judicial custardy at Sub Jail, Kovilpatti, on June 20, 2020, and died on the following days.
A division bench comprising of Justice P N Prakash and Justice B Pugalendhi said that since the family members of the victims would be under great stress, the JM may go to Sathankulam for recording their statements.
The JM should visit the house of the victim to conduct inquest as the women folk would be in mourning.
The JM should visit the police station, sub-jail and collect necessary documents such as medical records for better appreciation of the facts. Photographs and CCTV footage can also be collected wherever necessary.
The judges observed that they were not interfering in the manner in which the inquest is conducted and directed adequate facilities and protection be ensured for the JM.
The judges said though there was resentment from the family members in receiving the bodies, they received them and performed the funeral in a peaceful manner after the JM assured that justice would be rendered. The judges appealed to the public also to have the same faith in the judiciary and not to issue any statements in the social media as it would incite problems.
The judges further observed that Tuticorin principal district and sessions judge is also closely monitoring the case and briefing this court about the progress. The judges directed the Kovilpatti DSP to continue the investigation in this case until further orders.
Tuticorin SP Arun Balagopalan submitted a status report before the court and informed that normalcy was returning at Sathankulam. Additional AG K Chellapandian informed the court that the postmortem was completed and the report would be sent to the court in a sealed cover soon.
The Court appreciated the DG for his efforts and made it clear that the SOP shouldn't remain on paper but, should be implemented in spirit as well.
"In this regard, we suggest that the Police Department engages the services of counsellors and NGOs for providing counselling to the police personnel and their family members during this testing period,"
The case was adjourned to June 30 for further hearing.
The order was passed by a bench comprising of Justice P N Prakash and Justice B Pugalendhi on 26-06-2020.
Read Order Here:
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