District Judge Report Confirms Sivaganga ‘Custodial Death’, Madras High Court Asks CBI To File Chargesheet Expeditiously
The Madras Excessive Courtroom was on Tuesday knowledgeable that report of the District Choose, appointed by it to conduct a preliminary inquiry into the demise of a 29-year-old temple guard in Sivaganga, revealed that the case was one among custodial torture and custodial demise.
Noting that the State authorities has already transferred the probe to Central Bureau of Investigation (CBI), the bench of Justice SM Subramaniam and Justice AD Maria Clete directed the Union Authorities to nominate an investigating officer inside per week and directed that the chargesheet be filed as quickly as attainable, by August 20.
The Courtroom additionally directed the investigating officer to gather all the fabric proof that have been submitted to the Registrar (Judicial) at Madurai bench of the Excessive Courtroom and to conduct an efficient investigation with none unduly delay.
It additional ordered the Director Common of Prosecution to make sure that the ultimate postmortem report of the deceased is filed earlier than the involved court docket inside one week.
The Courtroom additionally requested the Inspector Common (South Zone, Madurai District), the Superintendent of Police (Madurai Rural) and the District Collectors of Madurai and Sivagangai to offer obligatory help to the investigating company, together with automobile and manpower.
State Authorities has been directed to offer obligatory safety to the witnesses beneath the Witness Safety Scheme.
The case pertains to the demise of Ajith Kumar was working as a brief safety guard on the Madapuram Bhdrakali Amman Temple at Thirupuvanam, when he was taken by the police for questioning in reference to a theft case. Two girls had complained, stating that 10 sovereigns of fine jewellery had gone lacking from their automobile, which that they had requested Ajith to park.
Ajith was taken to the Thiruppuvanam police station and was launched after questioning. Later, on the identical day, he was detained once more by a six-member Particular Workforce headed by Mr. Kannan, Head Constable, and 5 others. As per the assertion of eyewitnesses, Ajith and others have been brutally crushed up by the police officers. Ajith collapsed, and although he was taken to the hospital, he died.
Beforehand, the Courtroom had criticised the incident, calling it a “police organised crime” the place the State was killing its personal individuals. The court docket additionally directed District Choose S John Sundarlal Suresh, to conduct an enquiry into the custodial demise and submit a report by eighth July.
As per the order of the court docket, the District Choose had carried out a preliminary inquiry confirming that the incident was one among custodial demise.
The State knowledgeable the court docket that the investigation had already been transferred to the CBI and a Authorities Order had additionally been issued on this regard. Nevertheless, the counsel for the petitioner urged the Courtroom to as a substitute type a Particular Investigation Workforce to analyze the case.
One petitioner is Deputy Secretary of AIADMK advocates wing. One other is a practising lawyer who helped the household within the case.
Advocate Henri Tiphagne, showing for the petitioners submitted that beforehand, the CBI had been entrusted with the investigation into the Sterlite case, however even after 7 years there was no progress.
The Courtroom nevertheless responded that when the State itself had transferred the probe to the CBI, it might not be correct for the court docket to ask the State to proceed investigating it.
It added that even when a SIT was to be appointed, there was a likelihood that the allegations would possibly come up sooner or later claiming that the SIT was beneath the management of the State.
“When the State has taken a call at hand it over to the CBI, will it’s correct for the court docket to proceed investigating it? CBI is an unbiased company. Tomorrow, presume that an SIT investigates. Once more, an allegation would possibly come up that the SIT was beneath the management of the State,” Justice Subramaniam orally remarked.
The Courtroom assured the petitioners that it might repair a time restrict for finishing the investigation and would proceed to watch the case until then. When the petitioner’s counsel careworn that the court docket proceed to watch the case even after the submitting of the chargesheet, Justice Maria remarked that it might be a judicial overreach.
The petitioners then urged the court docket to switch the probe within the FIR registered in reference to the alleged theft of gold jewelry to the CBI. Noting that there was each justification to switch the FIR to the CBI to make sure full justice, the court docket was inclined to switch the probe. The State additionally knowledgeable the court docket that it might situation obligatory GO transferring the probe within the involved FIR to the CBI.
The court docket thus requested the Investigating Officer to finish the probe as expeditiously as attainable and file the chargesheet.
Case Title: E Marees Kumar v. The Chief Secretary to the Authorities of Tamil Nadu and Others
Case No: WP(MD) 17949 of 2025