MADURAI: The father of custodial death victim Aakash Delison has approached the Madras High Court Bench in Madurai challenging the bail granted to six accused policemen, alleging that he was not given an effective opportunity to be heard as required under Section 15-A of the SC/ST (Prevention of Atrocities) Act.
On September 22, the Special Court for Exclusive Trial of Cases under the SC/ST (POA) Act granted bail to the six policemen accused, subject to each executing a bond for Rs 20,000 with two sureties. The six accused subsequently executed the bonds on September 24.
In his petition, A Rajesh Kannan, father of the deceased, contended that Section 15-A of the SC/ST Act recognises the statutory rights of victims and their dependants to receive timely information and an opportunity to be heard in proceedings concerning bail, release and other related matters.
He alleged that he had not been informed of any anticipatory bail application filed by the accused or any order granting them anticipatory bail.
"My grievance is not confined merely to the execution of bonds for securing the appearance of the accused, but concerns the circumstances in which the order was passed, the statutory rights available to the victim's family, and the need to afford the victim's dependent a meaningful opportunity of hearing, to the extent required by law," he submitted.
The petitioner further noted that although the six policemen had been booked under Sections 103, 201 and 238 of the BNS and Section 3(2)(v) of the SC/ST Act, the CB-CID had not arrested them. He alleged that the investigating agency was acting in collusion with the accused policemen.
He also raised concerns over inadequacies in the collection of material evidence and the lack of proper communication regarding the case progress.
He sought the Court to set aside or recall the September 22 order or modify it and provide him an opportunity of hearing.
After the hearing, Judge D Lingeswaran directed the six police personnel (respondents) to file their responses within 15 days.