Amid mounting pressure from the judiciary and the growing public outrage, the investigation into the alleged Sivaganga lockup death case has been transferred to the Central Bureau of Investigation (CBI). Chief Minister M.K. Stalin recommended the transfer and promised that his government would extend full cooperation to the investigation by the central agency.
“I have ordered for the transfer of the investigation to the CBI, since allegations have been made against five police personnel and that there should not be any doubt about the probe.” The case was earlier handed over to the CBCID, the crime branch investigation wing of the Tamil Nadu police.
Sivaganga, Tamil Nadu: Five police officers were booked for murder in the custodial death of Ajith Kumar in Sivaganga district, Tamil Nadu. A CB-CID probe is underway, with autopsy confirming multiple injuries. Public outrage led to suspensions and 15-day judicial custody pic.twitter.com/RKXYLNOBKh
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In a huge blow to the M.K. Stalin-led DMK government, the Madurai bench of the Madras High Court on Tuesday came down heavily on the Tamil Nadu police during the hearing of the petitions seeking justice for the custodial death case of Ajith Kumar, a 27-year-old temple security guard from Thiruppuvanam near Sivaganga.
The lockup death of Ajith Kumar has triggered widespread protests and a huge public outrage across the state. Ajith, who was apprehended by the Thiruppuvanam police on June 27 in an alleged jewellery theft case was brutally tortured and beaten to death by the local police. Sources say that Ajith was apprehended on instructions from the police high command as the complainant was related to one of the top police officers.
Due to high pressure from the police high command, the cops had taken him to a secluded place, rather than the police station and was brutally attacked. A video of Ajith being beaten with lathis by a group of cops has gone viral on social media. It shows Ajith sitting on the floor and being beaten by a man, while two more men are standing nearby and watching him being beaten. The video reportedly was shot by an employee of the Badrakaliamman temple. The video of Ajith being assaulted contradicts the initial claims made by the police that Ajith’s death was due to epilepsy and injuries from a fall.
Taking cognisance of the video and the post mortem report from Madurai government Rajaji hospital, the Madurai bench of the Madras High Court has posed tough questions to the Tamil Nadu police. Slamming the state government and the police, the bench comprising Justices S.M. Subramanian and A.D. Maria Clete questioned the act of the police and slammed the state government for the inaction.
“Custodial death is violative of the fundamental right of a person. Despite the international conventions and prescription of procedures in the DK Basu case and subsequent judgements, custodial deaths are reported, which is a concern to the public. The procedures for investigations, registration of complaints are codified, and violations are equally dominating, which would show the mindset of the police officials, which would require stern action,” the justices said.
As per the final post mortem report, Ajith had suffered over 44 injuries all over his body and several external injuries. On directions of the court the judicial magistrate of Thiruppuvanam submitted his preliminary report to the court. Executive Officer of Madapuram Batharakali Amman Temple and Sathishwaran, the eyewitness who recorded the video also appeared before the justices after they summoned by the court. Dean of Madurai Rajaji Government Hospital furnished a copy of the autopsy report as per the court’s directions.
Due to widespread public outrage the DMK-led state government, as a damage control, arrested the five cops from the Thiruppuvanam police station, who initially interrogated Ajith Kumar. Police constables Raja, Anand, Sankaramanikandan, Praphu Ganesan, and Kannan were booked under Section 196(2)(a) (custodial death) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act.
On Tuesday as the court’s summons and actions turned harsh, the government once again ran for a face saver by suspending the Manamadurai DSP N. Shanmugasundaram and placed Sivaganga district SP Ashish Rawat under compulsory wait list.
However, the final damage control came from the Chief minister himself. One of the senior minister’s from his cabinet K.R. Periyakaruppan visited the family of Ajith Kumar later in the evening. The chief minister dialled the family through the minister’s phone, only to seek apology from Ajith’s mother and brother Naveen. “Sorry. Whatever should not have happened had happened. Be confident. The government will extend all support to you,” Stalin told Ajith's mother. When Naveen said that his brother was only 27 year old and they grew up only with the support of their mother, Stalin promised to extend help to the family.
