The Madras High Court has delivered a significant ruling, directing the registration of a First Information Report (FIR) and subsequent legal action against two police officers from Tamil Nadu. The order comes in response to allegations of custodial torture inflicted upon a passport applicant in Virudhunagar district back in 2020.
Court Rejects Plea, Mandates Criminal Proceedings
Justice Sunder Mohan, presiding over the case, issued the directive for an FIR and "action in accordance with the law" against the accused personnel. The judge firmly rejected the contention put forth by an additional public prosecutor. The prosecutor had argued that the departmental disciplinary proceedings already initiated against the officers were sufficient and binding.
Justice Mohan observed that the alleged acts of custodial torture constituted cognizable offences. He emphasized that such serious charges must be investigated through the standard criminal justice process, not just internal departmental inquiries. The court's stance reinforces the principle that police accountability for severe misconduct requires transparent legal scrutiny.
Details of the Alleged Incident and Accused Officers
The case revolves around the alleged torture of a man named Thavakannan. The incident reportedly occurred in Virudhunagar in 2020 while Thavakannan was involved in a process related to a passport application. The two police officials implicated in the case are Sub-Inspector S Manikandan and Constable SP Selvaraj.
While disciplinary proceedings had been started against them by the department, the victim sought the intervention of the higher judiciary. The petitioner argued that internal actions were inadequate for the gravity of the offence, which involved physical abuse and torture while in police custody.
Broader Implications for Police Conduct and Accountability
This ruling from the Madras High Court sets a crucial precedent. It sends a clear message that allegations of custodial violence and torture cannot be swept under the rug through closed-door departmental proceedings alone. The court has affirmed that when actions potentially amount to cognizable crimes, they must be dealt with under the general law of the land.
The order mandates the police to now register an FIR, which will trigger a formal criminal investigation. This could lead to charges being framed under relevant sections of the Indian Penal Code. The judgment is being seen as a strong reinforcement of legal safeguards against police excesses and a step towards ensuring greater accountability within the force.
Legal experts highlight that such directives from constitutional courts are vital to uphold citizens' rights and deter the misuse of power. The case will now proceed with the criminal investigation as ordered, marking a pivotal moment in the victim's quest for justice.
