Court Criticizes Use of Deceased's Body for Protest and Upholds Election Commission's Authority on Transfers
In a recent judgment, the Madras High Court dismissed a Public Interest Litigation (PIL) concerning the alleged custodial death of a Scheduled Caste youth, Aakash, and claims of caste bias in election-related official transfers in Sivagangai District. The judgment was delivered by the Madurai Bench of Justices N. Sathish Kumar and M. Jothiraman.
The PIL, filed by petitioner C. Selvakumar, sought directives for the arrest of accused police personnel under the SC/ST (Prevention of Atrocities) Act, 1989, and the handover of Aakash's body to his family for burial. It further requested the transfer of certain police officers to ensure impartiality in the upcoming elections.
The Court noted that the investigation into Aakash's death, which allegedly resulted from custodial torture, was already being monitored by a Single Judge. The case had been transferred to the CB-CID and registered under relevant provisions of the SC/ST Act. The Judicial Magistrate had conducted an inquest under Section 196 of the Bharatiya Nyaya Sanhita (BNS), and the Deputy Superintendent of Police was overseeing the investigation.
Despite ongoing protests using the deceased's body, the Court emphasized that Article 21 of the Constitution guarantees the right to a dignified burial. The judges expressed their concern over the prolonged use of the body for protest, urging family members to proceed with the last rites.
Regarding the alleged caste bias in police transfers, the Court held that such decisions fall within the Election Commission's purview, affirming its authority to make necessary changes in accordance with the law.
The Court found the PIL to be frivolous and devoid of merit, highlighting that it seemed to serve interests beyond those stated. The petition was dismissed without costs.
Bottom Line:
Public Interest Litigation dismissed as frivolous and devoid of merits - Allegations of custodial death and caste bias raised - Investigation being monitored by Single Judge and proceeding appropriately - Family members urged to conduct last rites, as using dead body for protest violates Article 21 of the Constitution of India.
Statutory provision(s):
Article 21 of the Constitution of India, SC/ST (Prevention of Atrocities) Act, 1989, Section 196 of the Bharatiya Nyaya Sanhita (BNS), 2023.
