A division bench of the Madras High Court on Tuesday rejected a plea from VCK leader Thol Thirumavalavan to form a forensic expert team headed by Prof Chandrasekaran to assist the probe into the death of Dalit boy Ilavarasan in Dharmapuri district on July 4.
Since the government had stated that it was taking all steps “to ensure a fair and proper investigation regarding the nature and cause of Ilavarasan’s death by eminent forensic teams, we are of the considered opinion that the petitioner’s prayer cannot be acceded to in toto,” a division bench of Justices V Dhanapalan and CT Selvam observed.
However, it was open to the government to invite Chandrasekaran to extend his expertise in the investigation of the case, the bench added while disposing of a PIL from Thirumavalavan. The bench questioned the locus standi of VCK chief in filing the PIL, as he was neither an affected party nor a close relative of Ilavarasan.
The prayer sought for was a matter of criminal investigation. Already, this court had taken serious note of the case and ordered re-postmortem and there also, certain experts had been included. Now, the probe has proceeded to adjudicate the matter before the appropriate forum. The truth would triumph ultimately.
It was true that experts could be allowed to participate to explain all their expertise during the investigation. But, in the given circumstances, the respondents had come out with a clear stand that teams of experts were available with them and all other mechanisms were devised to aid them. Giving expertise as claimed by the petitioner, would result in some kind of interference in the investigation process. But, if the very same expertise was not available with the government, definitely, it was for it to invite Chandrasekaran to assist the probe. “If there is anything lacking in the investigation process, it is always open to the petitioner or the parents of the deceased or his relatives to come before this court,” the bench said.