MADURAI: Expressing serious concern over the manner in which the custodial death of a 17-year-old boy was handled by the police, medical officers and Juvenile Justice Board, the Madurai Bench of Madras High Court recently observed that custodial violence is more often enabled by successive institutional failures.
“Unless accountability is ensured at every level, the prosecution of a few individuals alone will neither address the root cause nor prevent the recurrence of such tragic incidents,” it added.
Justice B Pugalendhi made the observations while dismissing a batch of petitions filed by four former policemen- S Alexraj (56), R Ravichandran (62), Ravichandran (56) and C Satheesh Kumar (39), seeking to suspend the 11 years rigorous imprisonment imposed on them for the custodial torture and death of M Muthu Karthick, in SS Colony police station in Madurai in 2019, till the disposal of their appeals against the conviction and sentence.
The court opined that though only four police personnel have been prosecuted and convicted, the evidence discloses the involvement of several other officials whose conduct also calls for scrutiny.
He noted that the deceased was subjected to a pre-remand medical examination hardly a few hours before he required emergency hospitalisation. However, the government doctor who had examined him had certified that there were no injuries on his body. The JJB also recorded that the boy had no injuries and released him on bail, without personally examining him, he added.
It is also disturbing that the body came to be released by the Government Rajaji Hospital (GRH) without even conducting a post-mortem, despite the circumstances surrounding the boy’s death, he added.
Only after the intervention of the high court two months later, the boy’s body was exhumed, and a postmortem was conducted, which disclosed 25 ante-mortem injuries, and finally an FIR was registered on the mother’s complaint, he said. Had the officers discharged their statutory obligations properly, the course of events might have been altogether different, the judge said, adding that it is for the respective institutional heads to examine the conduct of the officials concerned, fix responsibility, and take action in accordance with law.
Victim’s kin refuse to accept body, Rs 10 lakh aid
Kanniyakumari: Family members of S Sabari Varman (55) who died in the Nagercoil prison allegedly due to custodial violence refused to accept his body on Thursday. Fisheries Minister A Srinath and Tourism Minister S Rajesh Kumar met the victim’s family later in the night, but the family declined the government’s offer of `10 lakh compensation and a temporary job in the District Rural Development Agency. The kin want a permanent government job for Sabari Varman’s widow and dismissal of the prison staff involved in the crime. In another development, South Tamaraikulam sub inspector Bright was transferred to Armed Reserve. ENS
Court orders notice on AIADMK plea against speaker
Chennai: The Madras High Court on Thursday issued notice to the secretary of the Assembly seeking response on petitions challenging Speaker JCD Prabhakar’s decision to accept the resignations of C Vijayabaskar and MR Vijayabhaskar, and declare the Viralimalai and Karur seats vacant.
The two AIADMK MLAs had resigned from the Assembly before joining the TVK. The petitions, filed by AIADMK whip Agri S S Krishnamurthy, alleged that the Speaker acted without conducting the enquiry mandated under Article 190(3)(b) of the Constitution.
He has sought to quash the speaker’s decision and restrain further steps in pursuant to the vacancy and holding bypolls. The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan, while also issuing notice to the two MLAs, directed the registry to tag these petitions along with the other ones already filed against the acceptance of resignation of four other MLAs. The court has adjourned the hearing to July 22.
