MADURAI: There are sufficient materials to invoke
murder charges against the entire
Sathankulam police
team, the Madras high court said on Tuesday, adding that alacrity in investigation is the need of the hour.
Citing ante-mortem injuries found on the bodies of
J Beniks
and his father P Jeyaraj, the preliminary post-mortem report, the Kovilpatti judicial magistrate’s report and a damning deposition of a woman head constable, a division bench said they would prima facie be sufficient to alter the case under Section 302 IPC against the Sathankulam policemen.
The bench of Justice P N Prakash and Justice B Pugalendhi made the remarks after taking note of the state’s submission that the Tuticorin district superintendent of police had been transferred out and kept without posting, the additional superintendent and deputy superintendent of police too had been transferred, and that constable Maharajan who made disparaging remarks against the inquiring magistrate had been placed under suspension. Later in the evening, the government appointed ADSP D Kumar in the prohibition and enforcement wing in the Nilgiris, and posted DSP C Prathapn to anti-land grabbing cell in
Pudukottai
district.
It also said that as directed by the bench CB-CID DSP Anil Kumar had been put in charge of investigation and that the district collector had deputed two tahsildars to remain at Sathankulam police station round the clock.
The judges said that from the report of the Kovilpatti JM, they are able to discern that the Sathankulam police are taking advantage of the fact that the investigation of the case is in limbo and are attempting to cause disappearance of evidence. "In fact, they were emboldened enough to even intimidate the judicial officer to put spokes in the wheel of his enquiry," said the judges.
Directing Anil Kumar to immediately take charge and proceed with investigation without waiting for a formal order from the DGP, the judges said it is open to the state government to revisit the idea of entrusting the matter to the CBI, if they are satisfied that Anil Kumar is proceeding on the right lines.
Adjourning the case to July 2, the judges all police and judicial officers concerned to hand over case diaries, inquest reports, preliminary post-mortem report and statement of the woman head constable to Anil Kumar.
"We fervently hope that Anil Kumar will have before his mind's eye, the river of tears flowing from the eyes of the family of the two deceased and take up the investigation of the case in all earnestness for wiping their tears," they said.
Though the judges have no authority to direct the manner in which the investigation should be done, they were constrained to step in and fill the vacuum to ensure that precious evidence does not get dissipated on account of the stalemate in the investigation, they said.
One may wonder as to why it took this long for the court to make these observations, said the judges, adding: "Public indignation cannot be the barometer for judicial orders. Public memory is short, but judicial orders, especially those of the high court, which is a court of record, live forever." In this context they recalled a blunder committed by Roman Governor Pontius Pilate, who condemned Jesus Christ to death based on public outcry.
As for the suo motu contempt proceedings against additional superintendent of police D Kumar, DSP C Prathapan and constable Maharajan, who all appeared before the bench in person on Tuesday, the judges took note of the apology tendered on behalf of them, and issued notices returnable by four weeks to them.
Additional advocate-general K Chellapandian said the three behaved indecorously to magistrate Bharathidsan ‘out of stress’ and that they have apologised for their behaviour. He also submitted that all 24 personnel at Sathankulam police station had been shunted out to various places.
The judges orally observed: “The report of the judicial magistrate shocked our consciousness. Though they were aware that the magistrate was conducting an inquiry, they had the audacity to behave in such an intimidatory manner. The behaviour of the police personnel clearly amounts to obstruction of justice.”
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