The Madras High Court has issued a significant directive, ordering the registration of a criminal case against two police personnel for their alleged involvement in a case of custodial torture that dates back to 2020 in Tamil Nadu's Virudhunagar district. This order comes despite the fact that departmental disciplinary action had already been initiated and completed against the accused officers.
The Harrowing Ordeal of the Petitioner
The case stems from a petition filed by Thavakannan, a resident of Virudhunagar district. According to his account, he had completed a diploma course and was searching for employment. As part of his job hunt, he had applied for a passport. On March 21, 2020, he visited the A. Mukkulam police station for a routine verification call and returned home.
Later that same evening, he was summoned back to the station under the pretext that he was a suspect in the alleged theft of a sub-inspector's walkie-talkie. It was during this subsequent visit that Thavakannan alleges he was subjected to severe custodial torture by the police personnel present. Following the assault, a false case was also registered against him. The injuries he sustained were serious enough to require medical treatment, leading to his admission at the Virudhunagar Government Hospital.
A Long Legal Battle for Justice
Seeking redress, Thavakannan initially filed a petition in 2020 urging the court to initiate disciplinary action against the policemen responsible for the assault. In 2023, the High Court directed the Virudhunagar Superintendent of Police to conduct an inquiry and take appropriate action. Following this, departmental proceedings were indeed initiated, and punishment was imposed on the then Sub-Inspector S. Manikandan and Grade I Constable S. P. Selvaraj.
However, unsatisfied with only departmental action, Thavakannan sought the registration of a criminal First Information Report (FIR) against the erring officials. After his representations to the authorities yielded no result, he was compelled to approach the High Court again with a fresh petition in 2025.
Court's Firm Stand Against Impunity
During the proceedings, the Additional Public Prosecutor argued that departmental proceedings were not binding and that an FIR could not be registered merely based on charges against the policemen. However, Justice Sunder Mohan took a firm view of the matter.
The judge observed that it was an admitted fact that disciplinary proceedings had been initiated by the authorities against the two police personnel on the specific charge of assaulting and causing hurt to the petitioner while he was in police custody. The court held that the allegations in the charge sheet constituted cognisable offences, which mandatorily require the registration of an FIR for a criminal investigation.
Rejecting the state's argument, Justice Sunder Mohan directed the Virudhunagar district police to register an FIR against both accused policemen and proceed with further action strictly in accordance with the law. With this directive, the petition was finally disposed of, marking a crucial step in the petitioner's prolonged fight for criminal accountability.
