While ordering a fresh investigation into an ‘encounter’ case, the Madurai Bench of the Madras High Court on Friday (September 27, 2024) observed that despite Tamil Nadu and its police being one of the better law enforcing States and law enforcing agencies respectively, there was a disturbing trend of dangerous criminals trying to attack the police and then being shot dead or injured.
Justice D. Bharatha Chakravarthy observed that there was also a disturbing trend of accused trying to escape, falling and fracturing their limbs. Society affected by the offence committed starts applauding such killings without realising that it is fundamentally wrong and retrograde thinking. These instances are stereotypical, the court observed.
It has to be thoroughly investigated because it tends to point out the lack of faith of the law enforcing agency in the Rule of Law, Constitutional Rights and Protection, and the Criminal Justice System. It reminisces the colonial past of the agency constituted under the British, and the belief that instant death is an appropriate punishment, the court observed
The court was hearing the petition filed in 2010 by A. Guruvammal of Madurai who said that a police team led by the then Assistant Commissioner of Police S. Velladurai (since retired as Additional Superintendent of Police) had shot and killed her son Murugan alias Kallumandaiyan and another person Kaviarasu alias Kaviarasan near a check post in Madurai district. She said that her son was killed in a fake encounter. She had sought the transfer of the probe to an independent investigation agency like the CBI.
The court observed that Mr. Velladurai claimed that there was an attempt to attack the police personnel and the fire was opened in self defence, while Ms. Guruvammal said that family members of the deceased were taken into illegal custody and the deceased was made to surrender. After taking the deceased into custody, he was taken to the spot and killed.
When the version of the petitioner was that the encounter happened while the deceased was in the custody of the police, then the investigating officer ought to have made a request to the Judicial Magistrate to conduct an inquiry, the court observed.
There is an important purpose for conducting a thorough investigation in such matters, which is the re-establishment of faith in the Rule of Law and ensuring that the incident was not a simple extra-constitutional killing or eradication of a criminal by shooting, the court observed. The court set aside the final report filed by the police and the re-registration of the case.
The court directed the Director General of Police to depute a higher ranking official in the CB-CID, above the rank of Mr. Velladurai to investigate the case. The investigating officer shall also register a case on the information lodged by the petitioner and take up the investigation of both the cases together and file a copy of the order before the jurisdictional Judicial Magistrate to conduct an inquiry. The fresh investigation should be carried out as expeditiously as possible and it shall be completed in six months. The final report should be filed after a thorough and impartial investigation, the court directed.
Published - September 27, 2024 09:00 pm IST
