MADRAS HIGH COURT CRITICIZES POLICE OVER SIVAGANGA CUSTODIAL DEATH, ORDERS JUDICIAL PROBE BY DISTRICT JUDGE:

The Madras High Court, on July 1, strongly condemned the police for their alleged involvement in the custodial death of 29-year-old Ajith Kumar in Sivaganga district, describing the incident as a shocking case of police brutality that amounted to the State turning against its own citizens. Hearing a petition filed by AIADMK advocates seeking a Special Investigation Team (SIT) probe into the incident, the division bench of Justice SM Subramaniam and Justice AD Maria Clete expressed grave concern over the conduct of the police, calling the incident a "police-organised crime."

The bench observed that the custodial death was not just an ordinary case of police excess, but one that reflected the abuse of power in its worst form. The judges said that such acts by the police amounted to the State killing its own people, and stressed that stronger action was required than in the case of an ordinary murder. They pointed out that a person in custody is completely helpless and relies on the State for protection. The judges were particularly disturbed by the extent of injuries inflicted on Ajith Kumar, stating that even an ordinary murderer would not cause such brutal harm. They said no part of his body was left unharmed, and noted that even a person committing murder would stop once they were sure there was no life left. In contrast, Ajith was beaten beyond recognition despite not even being named as an accused or having an FIR registered against him. The incident, according to the court, had shocked the conscience of the entire State.

Ajith Kumar was a temporary security guard at the Madapuram Bhadrakali Amman Temple in Thirupuvanam. He was initially questioned in relation to a theft complaint involving ten sovereigns of gold jewelry that reportedly went missing from a car he had been asked to park. Although Ajith was initially released after questioning, he was later detained again by a six-member Special Team led by Head Constable Kannan. Eyewitnesses stated that Ajith and others were brutally assaulted during this second detention. Ajith collapsed due to the assault, and though he was taken to a hospital, he succumbed to his injuries.

The Court expressed concern over the fact that the special police team had acted without even registering an FIR and questioned on whose instructions they had operated. The judges found it suspicious that a full team would conduct such an operation without direction from higher authorities and demanded accountability from senior officers, including the SP and DSP of Sivaganga. The Court also asked for the Magistrate’s report and questioned the State’s failure to respect the life of a poor man.

While the Court appreciated the State’s prompt action in arresting the five constables involved, it directed that more stringent action be taken to prevent such abuses in the future. It ordered the IVth Additional District Judge of Madurai, S. John Sundarlal Suresh, to conduct an inquiry into the custodial death and submit a report by July 8. To prevent tampering of evidence, the Court instructed the Superintendent of Police and the Investigating Officer to hand over all collected materials, including CCTV footage and call data records, to the enquiring judge. It also directed the State to provide protection to eyewitnesses and to submit a status report regarding action against higher officials by the same date.