Madras High Court: A Division Bench of P.N.Prakash and B. Pugalendhi, JJ., issued directions in regard to the procedure to be followed while transferring the Custodial Death matter of “Jeyaraj and Bennix” to CBI.
In the present petition, petitioner has sought direction to respondent 1 to submit a report on the death of Bennix and Jeyaraj or pass any other order/direction in the present circumstances of the matter and thus render justice.
K. Chellapandian, Additional Advocate General submitted that the State Government intends to transfer the investigation of Sathankulam case to the Central Bureau of Investigation after getting formal nod of the Court.
Bench for the above, stated that with regard to transfer or not to transfer the case to C.B.I, it is a policy decision of the State Government and thus the same will be governed by the Delhi Special Police Establishment Act, 1946.
Court further issued the following directions on the premise that the case is likely to be transferred to the CBI:
- Registrar (Judicial), Madurai Bench of Madras High Court, shall take a photocopy of the preliminary post-mortem certificates and certify them and keep them in safe custody and send the original post-mortem certificates in a sealed cover to the learned Chief Judicial Magistrate, Tuticorin, who, in turn, shall hand over the same to the Investigating Officer of the C.B.I.
- Judicial Magistrate No.I, Kovilpatti, shall send a copy of his report to this Court in a sealed cover and keep the original report with him in safe custody and hand over the same to the Investigating Officer of the C.B.I.
- Deputy Superintendent of Police, Kovilpatti Range, shall hand over the Case Diaries in Kovilpatti East P.S. Cr. Nos.649 and 650 of 2020, to the learned Chief Judicial Magistrate, Tuticorin, for safe custody, who, in turn, shall hand over the same to the Investigating Officer of the C.B.I.
- Though the accused in Sathankulam P.S. Cr. No.312 of 2020, viz., Jeyaraj and Bennix, are no more, the Superintendent of Police, Tuticorin District, shall hand over the Case Diary and other related records in Sathankulam P.S. Cr. No.312 of 2020 to the learned Chief Judicial Magistrate, Tuticorin, who, in turn, shall hand over the same to the Investigating Officer of the C.B.I., as those records will aid the C.B.I. Investigation.
Court directed the District Collector, Tuticorin to depute Revenue Officers to the Sathankulam Police Station, for the purpose of preserving the clue materials.
Assistant Director of Mobile Forensic Science Laboratory, Tuticorin, directed to immediately go the Sathankulam Police Station, to collect the clue materials and assist the Judicial Magistrate No.I, Kovilpatti.
Matter to be listed today, i.e. 30-06-2020. [Registrar (Judicial) Madurai Bench of Madras High Court v. State of Tamil Nadu, 2020 SCC OnLine Mad 1249 , decided on 29-06-2020]
