MADURAI: In a groundbreaking verdict, the 1st Additional District and Sessions Judge of Madurai, G Muthukumaran, on Monday, imposed death penalty on all nine policemen who were convicted for the custodial torture and death of two traders — P Jeyaraj and his son Beniks — at Sathankulam in Thoothukudi in 2020.
The nine convicts were identified as, then inspector S Sridhar, then sub inspectors P Ragu Ganesh and K Balakrishnan, then head constables S Murugan and A Samidurai and constables M Muthuraja, S Veil Muthu, S Chelladurai and X Thomas Francis.
Referring to similar incidents, including George Floyd's murder in the United States and recent killing of Ajithkumar in Madapuram, the judge observed that custodial killings are a social evil and an assault on human rights. When there is power, there should be responsibility. The policemen involved misused their power and like the fence eating away at grass, they took the life of two common men, a father-son duo, by stripping them of their clothes and beating them throughout the night, merely because Jeyaraj scolded them and Beniks tried to prevent them from assaulting his father, the judge said, adding that the judgment should serve as a warning so that such incidents do not recur.
Clarifying why a life sentence is not enough in such cases, Muthukumaran said, "If a life sentence is given, police officials may get emboldened that they can come out of jail after serving it." The Tamil Nadu police department has skilled and efficient officers, and they should not become like the above convicts, he added.
He further opined that all nine convicts need to be treated and punished equally. He said he cannot distinguish who among the convicts had beaten the deceased more, nor could he accept the explanation that some of the convicts engaged in the crime only out of fear of their higher officials. They should have spoken up and tried to save the victims, the judge added. "Had the Madurai bench of the Madras High Court not understood the gravity of the case and monitored the investigation, the truth would have been buried along with Jeyaraj and Beniks," he said.
Considering the brutality of the actions of the convicts, the judge said that the case squarely falls within the rarest of rare categories and imposed the death penalty, along with an overall fine of `1 crore, by taking a view that the fine amount should also be on the higher side for such grave charges. After signing the judgment, the judge broke the nib of his pen, as is customary for death sentences.
Speaking to reporters outside, Jeyaraj's daughter and Beniks' sister Persis thanked everyone who had supported them through this ordeal and hoped that no other family suffers the same fate in the future.
According to the prosecution, on June 19, 2020, when Jeyaraj was at his son's mobile phone showroom, the convicted cops took him to the police station for allegedly keeping the shop open beyond the Covid-19 curfew hours. When Beniks went to the station and requested his father's release, the convicts verbally abused Jeyaraj in front of Beniks, leading to a quarrel between him and the policemen.
Following this, the father-son duo was brutally tortured by the convicts inside the station the whole night. They were later remanded to judicial custody by the Sathankulam Judicial Magistrate and lodged in the Kovilpatti Sub-Jail the next day without being given proper medical treatment. Their health deteriorated soon and Beniks died at the Government Kovilpatti Hospital on June 22, 2020, and Jeyaraj succumbed a day later. Two FIRs were registered at the Kovilpatti East police station in connection with their deaths. The case was later transferred to the CB-CID briefly, before being taken over by the CBI.
Advocate and human rights activist Henri Tiphagne told TNIE that while he does not support death sentences in general, the judgment in the Jeyaraj-Beniks case is a very well reasoned one. "Usually, we quote verdicts of the Supreme Court and high courts while talking about custodial torture. Now, a very strong appeal against torture has come from a trial court," he said.
He also appreciated the judge for empowering the victims' family by delivering the judgment in full view of the family members, instead of just the advocates and convicts. The benches which were previously arranged in the back of the court hall were moved to the front so the victims' family members were close to the dais and were able to hear the judge as he read out the judgment.
He added that the Sathankulam victims were able to get justice only because the convicted policemen were never let out on bail during the trial, preventing any tampering of evidence. However, in the case of the custodial death of Ajithkumar, a temple guard from Madapuram, Sivaganga, four of the suspects have not been arrested so far, he pointed out and expressed concern over the same.