CHENNAI: Lamenting that social activists get "punishment of death" for seeking truth, the Madras High Court Thursday ordered a CB-CID probe into the killing of a man, who fought against encroachments on water bodies in Vellore district of Tamil Nadu.
Expressing disappointment with the probe in the case by local police, the court set-aside the final investigation report, lower court order committing the case to the sessions and the charges framed.
Holding that a clear attempt was made to shield the main accused, Justice N Anand Venkatesh allowed the plea by brother of victim Thanikachalam seeking a CB-CID probe.
The judge observed that social activists were the most vulnerable sections in this society and there was absolutely no protection for them and more particularly, when they fight against people, who have money and muscle power.
Thanikachalam, a social activist who worked for water conservation, was allegedly murdered in 2014 by a gang in the midst of a legal battle he had initiated to evict encroachers from water bodies in Ambur region.
The judge said, "On carefully assessing the entire materials available on record, this court has no hesitation to come to a conclusion that the Ambur Police has not investigated this case effectively and a clear attempt has been made to shield the main accused persons."
The committal court also failed to follow the settled principles of law and had committed illegality while committing the case to the court of sessions, he added.
The court ordered the ADGP, CB-CID, Chennai to nominate a police officer not less than the rank of the Deputy Superintendent of Police to conduct the investigation.
All efforts shall be made to effectively conduct the probe and a final report shall be filed as expeditiously as possible, it said.
After the killing of Thanikachalam, a case was registered against seven people, following a complaint by his brother, but only one person was arraigned as accused in the final report, which was accepted by the lower court that committed the case to the sessions court for trial.
Aggrieved, the deceased's brother moved the high court alleging the investigation was not carried out effectively.
Allowing the plea, Justice Anand Venkatesh said, "These social activists know the lurking danger waiting for them and in spite of the same, proceed to fight for the truth at the cost of their lives.
" Referring to the lower court accepting the police report, he said, "This court is even more disappointed in the manner in which the committal court reacted in this case.
" When the final report was filed before the committal court, it had the advantage of looking at the FIR and the report and it could have easily detected that there were seven names mentioned in it, but only one of them figured in the final report while the rest of the names had been dropped.
Terming the procedure followed by the committal court as "illegal", the judge said as a consequence, all the subsequent proceedings have also automatically become "illegal".