High Court takes blame for delay in encounter case

Conceding that it had erred in not deciding a case that had sought for a fair probe by the CBI in 2003, a division bench comprising Justice S Nagamuthu and Justice Anitha Sumanth, said, “Yes, we accept the blame. At this length of time, we could only express our regret. We assure the people of this country that this would not be repeated.”

As per the case, Venkatesa Pannaiyar was killed in a police encounter in Chennai on September 26, 2003. His wife V Radhika Selvi, riding on a sympathy wave, won the Tiruchendur Parliamentary Constituency on a DMK ticket and went on to become the Union Minister of State for Home. She had moved the High Court seeking for a CBI probe. She had submitted that her husband was neither a gangster nor was in possession of a gun. A second petition with a similar prayer was moved by one of the co-accused Balamurali. 

The bench on dismissing the petitions said, “In this case in our considered view, if the investigation is transferred to CBI at this length of time and investigation is commenced afresh, it would offend fair and speedy investigation. For these reasons, we are unable to transfer the case.” 

But seeking to offer at least a ‘minimum possible’ relief to the petitioner, as the petitioner cannot go without even getting the cost from the state, the judges directed the state government to pay Rs 25,000 each to the petitioners. 

It may be noted that the case was referred to the bench only in 2015, though the matter was pending since 2004.