Injuries found on the bodies of the deceased and the Magistrate's report would serve as prima facie evidence to alter the case to be charged under Section 302 IPC against the Sathankulam police, said the Madurai Bench of the Madras High Court on Tuesday, 30 June.
The Section 302 in the Indian Penal Code states that whoever commits murder shall be punished with death, or [imprisonment for life], and shall also be liable to fine.
The post-mortem reports of Jeyaraj and Beniks submitted before the court 30 June shows the father-son duo had grievous injuries on their bodies, and there is prima facie evidence to file murder charges against the police officials involved, the judges observed.
The father and son were allegedly brutally tortured by the police officials in Sathankulam police station.
The Madurai Bench of Madras High Court has asked the Tirunelveli Inspector General if he could take up the case until it is handed over to Central Bureau of Investigation (CBI). The court insisted that any delay in investigation could lead to the tampering of evidence. The court has directed the state government to file its response by 12 noon on Friday.
On Monday, the Tamil Nadu government transferred the investigation of the Sathankulam case to the CBI.
Thoothukudi Assistant Superintendent of Police and Deputy Superintendent of Police and constable Maharajan appeared before the Madurai bench of the Madras High Court on Tuesday morning. Earlier on Tuesday, the two police officers were transferred and put under waiting list and the constable was suspended.
The Madurai Bench of the Madras High Court on Monday, 29 June, initiated suo moto criminal contempt proceedings against the two police officers and constable for taking videos of the magisterial proceedings at the police station and not giving records to the magistrate.
The court had pulled them up for harassing the magistrate and obstructing the magisterial probe into the case.
Meanwhile, the Thoothukudi Superintendent of Police (SP) has been removed from his position and S Jeyakumar, Superintendent of Police Viluppuram, has taken charge.
The IPS Association has strongly condemned the violence against citizens in police custody. “We exhort the investigation agencies to investigate the case of Tuticorin district expeditiously and fairly,” the tweet read.
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