Madras HC directs GRH Dean to complete post-mortem in alleged ‘custodial’ death of youth in Sivaganga

The Madurai Bench of the Madras High Court on Monday directed the Dean of the Government Rajaji Hospital in Madurai to perform the post-mortem on the mortal remains of R. Akash Delison, 26, who had allegedly died in police custody in Sivaganga district, in the presence of the Judicial Magistrate concerned, as per the guidelines.

Justice R. Vijayakumar issued the direction and posted the matter for reporting compliance to March 11. The court was hearing the petition filed by A. Rajeshkannan, father of the deceased youth, who sought a direction to the State to register an independent criminal case for the offence of murder arising out of the alleged custodial torture under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, along with the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, based on the complaint lodged by him. He sought the transfer of the probe to the Crime Branch-Criminal Investigation Department (CB-CID).

Court-monitored probe

He also sought a direction for the investigation to be periodically monitored by the court and the conduct of the post-mortem as per the guidelines.

During the course of the hearing, Additional Advocate General M. Ajmal Khan submitted there was no custodial torture as alleged. “The youth was never taken to the Manamadurai police station. While trying to escape from the police, he sustained serious injuries after falling from a bridge. He had fractured his leg,” Mr. Khan alleged.

“He was first taken to the Manamadurai Government Hospital, then to the Government Sivaganga Medical College Hospital and then to the Government Rajaji Hospital in Madurai. He experienced breathing difficulties. The probe was transferred to the CB-CID,” the AAG submitted, adding that the State would comply with the directions issued by the court. Further, the AAG submitted that people had blocked the highway in Manamadurai and were protesting, which affected the general public.

Advocate Henri Tiphagne, representing the petitioner, submitted that he would make a request through the family of the youth to the people to disperse from the spot. The petitioner would cooperate with the post-mortem, it was submitted.

Protest enters second day

For the second consecutive day on Monday, the family and relatives of Akash continued their protest on the Madurai-Rameswaram Highway near the Manamadurai bus stand. They demanded immediate action against the police team allegedly responsible for his death in custody.

Despite Director-General of Police (in-charge) G. Venkataraman ordering that the case be transferred to the CB-CID, the family members refused to disperse and drop the protest, demanding the arrest of all police personnel who were allegedly responsible for the youth’s death.

Shyam Krishnasamy, leader of the Puthiya Tamilagam Party, after visiting the protesters, questioned why no First Information Report (FIR) had been registered and no police personnel were suspended even after the declaration of a case of unnatural death.

“The family members’ demand is not just for money or anything else. What they want is strict legal action against the police who (allegedly) caused the death,” he added.