Court Directs Immediate Inclusion of SC/ST Act Provisions; Peace Committee Formed to Address Highway Protest
In a significant ruling, the Madurai Bench of the Madras High Court has ordered the transfer of the investigation into the alleged custodial death of Akash Delison, a Scheduled Caste individual, to the Crime Branch-Criminal Investigation Department (CB-CID). The court emphasized the mandatory application of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in the case, directing that no preliminary inquiry is required before the registration of a First Information Report (FIR).
Presiding over the case, Justice L. Victoria Gowri highlighted that the community certificate and medical records provided sufficient grounds to invoke the SC/ST Act provisions. The court has mandated that a police officer not below the rank of Deputy Superintendent of Police of CB-CID should oversee the investigation to ensure compliance with statutory mandates.
The judgment came in response to the case concerning the death of Akash Delison, who reportedly succumbed to injuries sustained during an attempted escape from police custody. Allegations of custodial violence and negligence have been raised, warranting further scrutiny under the SC/ST Act.
The court also addressed the ongoing protests by community groups, who have blocked the Manamadurai-Rameswaram National Highway, demanding justice for the deceased. A Peace Committee has been constituted to mediate between the protestors and the authorities, urging the demonstration to be relocated to the Manamadurai Old Bus Stand to alleviate public inconvenience.
The Additional Advocate General, representing the state, informed the court of the procedural steps already undertaken, including the involvement of the CBCID and the collection of essential evidence. Despite these measures, the court insisted on the urgency and necessity of including SC/ST Act provisions without awaiting further procedural reports.
The case has been adjourned to March 12, 2026, for compliance reporting and further monitoring by the court, ensuring that the investigation proceeds in a just and timely manner.
Bottom Line:
Custodial death involving Scheduled Caste victim - Provisions under SC/ST (Prevention of Atrocities) Act, 1989 mandated without preliminary inquiry before FIR registration - Investigation transferred to CB-CID with directions to include relevant provisions under SC/ST Act and proceed with investigation.
Statutory provision(s): Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18-A, Constitution of India, Sections 324(2), 296(b), 118(1), 109(1), and 351(3) BNS, Section 196 BNSS, Section 180(3) BNSS
