Custodial death: HC directs IO to include provisions of SC/ST Act
The Hindu
The Madurai Bench of the Madras High Court on Wednesday directed the Director General of Police to appoint a police officer not below the rank of Deputy Superintendent of Police of the CB-CID to conduct investigation into the death of R. Akash Delison allegedly in police custody, and include relevant provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The Madurai Bench of the Madras High Court on Wednesday directed the Director General of Police to appoint a police officer not below the rank of Deputy Superintendent of Police of the CB-CID to conduct investigation into the death of R. Akash Delison allegedly in police custody, and include relevant provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
Justice L. Victoria Gowri said while the right to peaceful protest was a constitutionally protected right, such protest could not be permitted to cause undue hardship to the public, particularly by obstructing national highways.
To find an amicable solution and maintain public order, the court constituted a peace committee, comprising advocates K. Samidurai, C. Mayil Vahana Rajendran and K.C. Ramalingam, to persuade the protesters to continue their demonstration in a peaceful manner by shifting the protest venue from Manamadurai–Rameswaram National Highway to Manamadurai old bus stand.
The court directed the protesters to cooperate with the peace committee.
The court said the State was duty bound to ensure that the mandates of the special legislation were implemented in their true spirit. The criminal justice system in a democratic polity was intended not merely to punish, but fundamentally to secure justice in a citizen-responsive and victim-centric manner.
The court was hearing the petition filed by A. Rajeshkannan, father of the deceased youth, who had sought a direction to the State to register a criminal case for the murder arising out of the alleged custodial torture under the relevant provisions of the BNS 2023, along with the relevant provisions of the SC/ST Act.
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