Court Directs Transfer of Investigation to Senior Officer Amid Allegations of Mishandling and Lapses
In a significant development, the Madras High Court's Madurai Bench has directed a re-investigation into the tragic death of a five-year-old girl, who died under mysterious circumstances within her school premises in Tirunelveli. The decision comes after the victim's father, V. Marisamy, raised concerns over the handling of the investigation by the local police and alleged significant lapses, including the non-seizure of crucial CCTV footage and delayed filing of the First Information Report (FIR).
The court, presided by Justice B. Pugalendhi, emphasized the constitutional right to a fair investigation under Article 21, asserting that the state bears the responsibility to ensure that investigations are conducted with due diligence. The court has transferred the ongoing investigation from the current police to a senior officer, either a Deputy Superintendent of Police or an Inspector, to ensure a proper and unbiased investigation.
The incident, which occurred on March 24, 2026, was initially reported as an accident, with claims that a car driven rashly within the school campus was responsible for the child's death. However, Mr. Marisamy highlighted several discrepancies, including the school's failure to inform him promptly about the incident and the suspicious timing of the alleged accident, given that his daughter’s lunch box was found untouched.
The court noted the presence of around 20 police personnel at the school when the father arrived, suggesting prior knowledge of the incident by the police. Yet, the FIR was registered only after Mr. Marisamy lodged a formal complaint. Furthermore, the court criticized the delay in identifying and apprehending the accused, questioning the absence of immediate action to seize the vehicle involved in the incident and the lack of transparency regarding the CCTV footage.
In its order, the court instructed the new investigating officer to provide Mr. Marisamy with copies of the recovered CCTV footage and other relevant documents to foster confidence in the investigation process. The court also directed the officer to ascertain the exact timing of the incident by interviewing school staff and students.
Justice Pugalendhi expressed hope that the re-investigation would be conducted effectively, warning that failure to do so might lead to further judicial intervention. The case highlights the critical importance of thorough and transparent investigations in cases involving the death of minors, especially within educational institutions.
Bottom Line:
Investigation in cases involving the death of a minor child in school premises must be conducted with utmost diligence. Victims have a right to fair investigation under Article 21 of the Constitution of India.
Statutory provision(s):
Constitution of India - Article 21, Criminal Procedure Code, 1973 - Sections 173 and 154
