Custodial death of youth: Case altered to murder; SC/ST Act also invoked

Madurai court alters custodial death case to murder, invoking SC/ST Act amid ongoing protests for justice.

The State government on Thursday informed the Madurai Bench of the Madras High Court that the case of the death of R. Akash Delison, allegedly in police custody in Sivaganga district, had been altered to that of murder under Section 103 of the Bharatiya Nyaya Sanhita (BNS).

Besides, Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, had been invoked since the victim belonged to a Scheduled Caste community, it added.

Justice L. Victoria Gowri was informed by Additional Advocate General M. Ajmal Khan that the demand of the protesters had been taken into consideration by the State. An alteration report was placed before the court.

Taking into account the protests in Manamadurai in Sivaganga district, the judge on Wednesday 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 the Manamadurai–Rameswaram National Highway to the Manamadurai old bus stand.

The peace committee, which held talks with the protesters, submitted its report to the court. The report said the protesters as well as the leaders spearheading the protests had expressed willingness to cooperate with the directions of the court and carry on their protests peacefully at the Manamadurai old bus stand, provided the case was altered to one under Section 103 of the BNS. During the hearing in the forenoon session, the State told the court that protests were continuing at Manamadurai–Rameswaram NH Junction, causing severe inconvenience to the public and obstructing free flow of traffic

“The right to assemble and protest peacefully is undoubtedly a constitutional right, traceable to Article 19(1)(b) of the Constitution. At the same time, such a right is not absolute, and remains subject to reasonable restrictions in the interests of public order and the rights of other citizens. A protest, howsoever justified its cause may be, cannot be permitted to transgress into an act that paralyses public movement and causes hardship to uninvolved members of the public,” the judge said.