Nearly four years after an alleged custodial death of a person, the Madras High Court has ordered a CB-CID investigation, to be conducted by an official not below the rank of a Deputy Superintendent of Police.
Justice S.Nagamuthu passed the order on a petition by R.Kasthuri. The petitioner said her husband, Ravi, was taken away by policemen from her house on August 16, 2010 for an enquiry in a theft case.
Two days later, the police informed her that Ravi had died and his body was in the mortuary of the Government Hospital, Cuddalore. She alleged that her husband was a victim of police torture. Following the death, the Kadampuliyur police in Cuddalore district registered a case under Section 176 (1A) (Inquiry by magistrate into cause of death) Cr.P.C. The police submitted that Ravi complained of chest pain as he was being taken into custody. He was allowed to get down from the vehicle to answer nature’s call. When he tried to escape, he fell into a deep pit.
Mr.Justice Nagamuthu said that from the facts and the petitioner’s stand vis-à-vis the police, it emerged that the deceased sustained injury and died when he was in police custody. Strangely, after registering an FIR, the Inspector did not conduct any investigation at all.
The Judicial Magistrate-II, Panruti, held an inquiry, but submitted a report to the Collector who, in turn, forwarded it to the government. This procedure adopted by the magistrate was illegal. He should not have sent his report to the Collector.
The court said that on completing inquiry, a Judicial Magistrate shall keep his report with statements of witnesses and documents collected as part of the case records. The police inspector was under the wrong impression that the magistrate’s inquiry barred him from doing investigation.
The judge observed that police investigation and magisterial inquiry operated in different spheres. By a letter dated October 13, 2011, the Tamil Nadu government dropped all further action in the matter accepting the magistrate’s report. As the government order was also illegal, he said that he was setting it aside.
