Safiya Malik

The Madras High Court Division Bench of Justice S.M. Subramaniam and Justice Dr. A.D. Maria Clete has directed immediate action in a matter concerning the alleged custodial death of an individual. Taking serious note of the nature of allegations and procedural lapses, the Court ordered the Judicial Magistrate, Thiruppuvanam, to submit a preliminary report on the same day. The Court further instructed the appearance of key individuals, including an eyewitness who reportedly recorded the incident, before it. Simultaneously, the Dean of the Government Rajaji Hospital was directed to furnish the post-mortem report by 3:00 p.m. on the same day.

The Bench stated that the alleged incident amounted to a breach of fundamental rights and expressed dissatisfaction with the initial responses of the State. In light of potential evidence destruction and serious procedural violations, immediate judicial intervention was deemed necessary. The Court noted that any cover-up by state agencies in such a grave matter would warrant deeper investigation. The case is part of three writ petitions calling for compensation, criminal registration, transfer of investigation, and preventive mechanisms to avoid future custodial deaths.

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The present matter is based on W.P.(MD) Nos. 17949, 17975, and 17976 of 2025, heard together before the Madurai Bench of the Madras High Court. The petitions arise out of the custodial death of B. Ajithkumar, allegedly due to police torture at Thirupuvanam Police Station in Sivagangai District, Tamil Nadu.

The first petition (W.P.(MD) No. 17949 of 2025) was filed by E. Marees Kumar, who sought issuance of a writ of mandamus against various respondents including the Chief Secretary to the Government of Tamil Nadu, the Additional Chief Secretary of Home, the Director General of Police, the District Superintendent of Police, the Central Bureau of Investigation (CBI), and the National Human Rights Commission.

The petitioner sought:

(a) Interim compensation of Rs. 50,00,000 to the family of the deceased,

(b) Registration of an FIR under Section 103 of the Bharatiya Nyaya Sanhita (BNS),

(c) Suspension of erring police and connected officials,

(d) Transfer of investigation to the CBI or a Special Investigation Team headed by a retired judge, and

(e) Issue of directions to prevent further custodial deaths.

The second petition (W.P.(MD) No. 17975 of 2025), filed by Karthickraja, prayed for the registration of a murder case based on a complaint prepared by the deceased’s mother dated 29.06.2025. The petitioner requested the case be transferred to the Crime Branch Crime Investigation Department (CBCID) and monitored periodically by the Court.

The third petition (W.P.(MD) No. 17976 of 2025), filed by D. Pandidurai, sought withdrawal of investigation from the current investigating police and its transfer to the Director General of Police. It also sought comprehensive guidelines for fair investigation and inquest.

Respondents in these writs included senior officials from Tamil Nadu Police, the Ministry of Home Affairs, the CBI, Government Rajaji Hospital, and temple administration connected to the site of alleged torture.

All petitions were filed under Article 226 of the Constitution of India.

The Division Bench recorded its deep concern on the facts brought to light by the petitioners, noting that: "The facts narrated on behalf of the petitioners are disturbing the conscious of this Court."

The Court criticized the initial responses from the State, stating: "Actions taken by the State found to be not in commensuration with the gravity of the situation."

Further, the Court expressed caution against any effort at concealment: "Certain actions by the State if appears to cover up the misdeeds, then the Courts cannot accept the same but to initiate efforts to conduct further probe into the matter."

Addressing the broader legal concern, the Court held: "The custodial death is violative of fundamental right of a person."

Despite multiple guidelines and legal precedents, the Court noted the persistence of custodial deaths: "Despite the international conventions and prescription of procedures in the case of D.K. Basu Vs. State of West Bengal reported in 1997 (1) SCC 416 and subsequent catena of judgment, still custodial deaths are reported which is a concern to the public."

The Court acknowledged systemic issues in police procedure: "The procedures for receiving complaint, registration of cases, conducting investigation though codified and guidelines are issued, violations are equally dominating, which would show the mindset of the police officials, which require stern action."

It reiterated the fundamental role of police: "The police officials are basically to protect the life of the people and therefore, custodial deaths are viewed seriously by the Courts."

Stating immediate concerns in the present case, the Court stated: "Enormous procedural violations are brought before this Court, which all are to be examined at the first instance."

Concerned about potential tampering of evidence, the Court recorded: "Taking note of the urgency and considering the fact that there is likelihood of destruction of evidences..."

The Court issued multiple directions for immediate compliance. It directed: "The learned Judicial Magistrate, Thiruppuvanam is directed to submit an immediate preliminary report to this Court today i.e., on 01.07.2025 at 03.00pm."

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To ensure the availability of key evidence, it ordered: "The Executive Officer, Madapuram Pathirakali Amman Temple and one Saktheeswaran, who is an eyewitness and also who took the videograph of alleged torture by the police inside the temple... are also directed to be present before this Court today."

On medical documentation, the Bench instructed: "The Dean, Rajaji Government Medical Hospital, Madurai, is directed to furnish the copy of the post-mortem report today i.e., on 01.07.2025 at 03.00pm before this Court."

Finally, the Court listed the matter for immediate continuation: "List the cases today i.e., on 01.07.2025 at 03.00 p.m."

Advocates Representing the Parties:

For the Petitioners: E. Mareeskumar (Party-in-person), Mr. Henri Patrick Tiphange, Mr. R.M. Arun Swaminathan

For the Respondents: Mr. P. Thilak Kumar, Government Pleader; Mr. M. Ajmal Khan, Additional Advocate General, assisted by Mr. T. Senthil Kumar, Additional Public Prosecutor; Mr. P. Subbaraj, Special Government Pleader

Case Title: E. Marees Kumar v. Chief Secretary & Ors.

Case Numbers: W.P.(MD) Nos. 17949, 17975 & 17976 of 2025

Bench: Justice S.M. Subramaniam and Justice Dr. A.D. Maria Clete