Description of DSP as ‘encounter specialist’ withdrawn
The Madras High Court Bench in Madurai on Monday dismissed two applications seeking to stay further investigation into the death of two individuals, accused of murdering Sub-Inspector of Police Alwin Sudhan during Thevar Jayanthi celebrations in October, in a reported police encounter near Manamadurai in Sivaganga district on November 30.
A Division Bench comprising Justice K.N. Basha and Justice P. Devadass dismissed the stay applications after recording the statement of Additional Advocate General K. Chellapandian and Additional Government Pleader T.S. Mohamed Mohideen that the investigation had already been transferred from the local police to the Crime Branch-Criminal Investigation Department (CB-CID).
The applications were filed as part of writ petitions preferred by S. Muthu Thevar and S. Muthu Pandian, fathers of the two victims M. Prabhu and M. Bharathi respectively, seeking a Central Bureau of Investigation (CBI) probe into the supposed encounter deaths. The petitioners alleged that the police had actually murdered their sons after suspecting them of having killed the Sub-Inspector.
Mr. Muthu Thevar was the first to approach the court with the writ plea by describing Manamadurai Deputy Superintendent of Police S. Velladurai, who had shot the duo, as an ‘encounter specialist’ even in the cause title (the first page of the writ petition containing the names and designation and address of the petitioner and respondents to the case).
The petitioner had alleged that Mr. Velladurai was transferred from the post of Assistant Commissioner of Police, Anna Nagar Range, Madurai, to Manamadurai for the sole purpose of killing his son and the other victim in a “fake” encounter. He also said that the police officer had a long history of having killed as many as 12 individuals across the State in supposed encounters.
However, when the case was heard by another Division Bench last week, the judges expressed their displeasure over such description in the cause title. Then, the petitioner’s counsel agreed to amend the cause title. Accordingly, an amendment petition was filed and it was allowed by the Division Bench headed by Mr. Justice Basha on Monday.
In so far as the main plea of the two writ petitioners seeking a CBI probe was concerned, the judges adjourned the hearing to next month.