The Madras High Court on Wednesday restrained the investigating officer (IO) from filing the final report in the case relating to the death of E.Ilavarasan of Dharmapuri, pending adjudication of the issue raised by the deceased’s father in a petition. Ilavarasan’s body was found near a railway track in Dharmapuri on July 4.
Passing the interim order on a writ petition by the youth’s father, Justice K.K.Sasidharan said the court direction should not be construed as an expression of opinion on the correctness of the investigation so far conducted by the IO. He posted the matter for further hearing on August 6.
In the petition, T.Elango of Natham Colony, Dharmapuri district, said he suspected that his son was murdered. His son had no suicidal tendency. A fair investigation into the death was necessary. He prayed the court for transferring the case from the railway police to a court-constituted Special Investigation Team (SIT) which should include forensic experts.
The Government Pleader (GP), S.T.S.Moorthy, said the police would look into all aspects. The material now produced by the petitioner would be considered by the IO. There was no need for an SIT.
Mr.Justice Sasidharan observed that the right to conduct a fair investigation was a basic right of a citizen. The question raised by the petitioner required to be decided after giving a reasonable opportunity to the IO to explain the steps taken so.
The GP sought time to file a status report. The Judge said investigation was in a preliminary stage. As such pending adjudication of the issue raised by the petitioner in the petition, he was restraining the IO from filing the filing report.
