Magistrate abused at Sathankulam station; HC summons cops for contempt

Madurai: In an unprecedented order, amounting to expression of no-confidence on Tuticorin district police, Madras high court asked the district revenue officials to be at Sathankulam police station to preserve ‘clue materials’ relating to the custodial torture, and the subsequent death, of P Jeyaraj and his son J Beniks.

Incensed by the non-cooperation of police officials, besides the verbal abuses hurled on a judicial magistrate when he visited Sathankulam police station for inquiry, a division bench also initiated suo motu contempt of court proceedings against an additional superintendent of police D Kumar, DSP C Prathapan and and constable Maharajan. All the three have been summoned to appear ‘in person’ before a division bench on Tuesday.

As for the Tamil Nadu government’s stand that it had decided to hand over the twin custodial death to the CBI, the bench of Justice P N Prakash and Justice B Pugalendhi said the government’s policy decision would not need the court’s nod.

It all began when Kovilpatti judicial magistrate, deputed by the high court, sent a report to the registrar (judicial) complaining that police officials were doing everything in their command to prevent the magistrate from proceeding with the inquiry. In the presence of Kumar and Prathapan, policemen were videographing magisterial proceedings, refusing to provide documents and Maharajan used abusive phrases in Tamil to say judiciary could do nothing in the case.

Directing the three to be present at 10.30am on Tuesday, the judges further said that unless the state government intervenes immediately to transfer the Tuticorin additional superintendent of police, deputy superintendent of police and police personnel from Sathankulam police station, it would be difficult to conduct a free and fair investigation and inquiry.

The judges said additional advocate-general K Chellapandian may also appear in person before the court and zonal deputy inspector-general and Tuticorin superintendent of police Arun Balagopalan should also accompany the AAG.

Earlier, after Chellapandian informed the court of the government intention to entrust the probe with the CBI, judges appreciated the deference shown to the court, but added, “we make it clear that to transfer or not to transfer the case to the CBI is the policy decision of the government.”

Narrating the procedural formalities involved in such a transfer and noting that it may consume a ‘reasonable time’, the judges directed the registry to take a copy of preliminary post-mortem certificates, certify them and keep them in safe custody and send the original certificates in a sealed cover to the Tuticorin chief judicial magistrate (CJM) who shall hand over the same to the CBI investigating officer.

Noting that doctors are awaiting chemical analysis, histopathological and microbiological examination reports to give a final opinion, the judges asked the director of Tamil Nadu Forensic Sciences Laboratory at Chennai to give top priority to the examination of the materials sent by the doctors, so that they can give their final opinion at the earliest. The judges directed that on receipt of the final opinion, the dean of Tirunelveli medical college shall send the same to the Tuticorin chief judicial magistrate, who shall hand it over to CBI.