The Madras High Court on Tuesday ordered the transfer of investigation into the death of a father-son duo in Thoothukudi, alleged victims of police torture, to the CB-CID, expressing fear that evidence could disappear by the time CBI took over the probe.
The case would be handled by the Deputy Superintendent of CB-CID, Tirunelveli, Anil Kumar.
The state government had on Monday transferred the probe to the central investigation agency. A division bench of Justices P N Prakash and B Pugalendhi said the court was handing over the case to the CB-CID as it feared that evidence could disappear by the time CBI took over.
The Judges felt that the immediate transfer of the case to the CB-CID was done so that public confidence was not lost. The bench sought the opinion of the state government on the interim arrangement but transferred the case to the CB CID.
The post mortem report (preliminary) and Judicial Magistrate's report indicated there was prima facie material for registering a murder case in the matter, the bench said. The court said the probe of the case should not be delayed even by a second and directed the CB-CID to take up the probe immediately.
Meanwhile, three policemen including an Additional SP, appeared before the court as directed by it. It had summoned them to appear before it for allegedly trying to prevent an enquiry by the Judicial Magistrate, who had also submitted that one of them, a constable, had made some 'disparaging' remarks.
D Kumar, ADSP, Tuticorin, C Prathapan, DSP and Maharajan, a constable attached with the Sathankulam Police station, appeared before the court The constable told the court he was "overstressed" and had made the remark against the Judicial magistrate by mistake. P Jayaraj and his son Bennicks, arrested for 'violating' lockdown norms over business hours of their cellphone shop, died at a hospital in Kovilpatti on June 23, with the relatives alleging that they were severely thrashed at the Sathankulam police station by the personnel earlier.
The incident had triggered a nation-wide furore, leading to the suspension of five policemen, including an inspector and two Sub-Inspectors. All the personnel posted at Sathankulam police station earlier have been transferred out.