‘We want to assess your fairness': Madras High Court seeks reports on probe into temple guard's custodial death

Indian Express

3 days ago

Taking a stern view of the custodial death of a temple security guard in Tamil Nadu's Sivaganga district, the Madurai Bench of the Madras High Court on Tuesday directed the state government to submit reports and summoned key witnesses, including the man who filmed the victim being thrashed.
After the hearing, the case was transferred to Tamil Nadu CB-CID and Sivaganga SP Ashish Rawat put under 'compulsory waiting'.
B Ajith Kumar, 27, was picked up on June 28, a day after a devotee filed a complaint that 10 sovereigns of gold were missing from her car, which Ajith had helped park near the Madapuram temple.
After being questioned and released, a special team later detained Ajith. Witnesses alleged that he was beaten in front of his brother, Naveen, taken to multiple locations, including the cattle shed, and collapsed before being declared dead at a hospital.
Hearing a PIL in the matter Tuesday, a Division Bench of Justices S M Subramaniam and A D Maria Clete sought the preliminary findings from the Thirupuvanam Judicial Magistrate and the post-mortem report from the Dean of the Government Rajaji Hospital in Madurai by 3 pm Tuesday. The court also directed the Executive Officer of the Badrakaliamman temple and one Shakthieeswaran, who had recorded the video, to appear before it.
The purported video shows Ajith Kumar on the floor of what appears to be a cattle shed near the temple and being assaulted with a stick by a man while two others watched. The footage, believed to have been recorded by a temple employee, has gone viral on social media, sparking fresh outrage.
Questioning the legality of his detention, petitioners submitted before the court that no written complaint was filed against Ajith Kumar. They alleged that ruling party functionaries tried to broker a settlement by offering the family Rs 50 lakh and a government job.
The High Court reminded the officials that 'police cannot be the investigators in a case against themselves'.
'This is not mere negligence,' the court observed. 'We want to assess your fairness by seeing what action is taken against higher officials,' the court said, and asked why a special team interrogated Ajith Kumar outside the police station to avoid CCTV surveillance. 'Even if the team acted independently, senior officers are still accountable,' the bench said.
After the hearing, the Tamil Nadu Police transferred the case to the CB-CID. DGP Shankar Jiwal on Tuesday put Sivaganga SP Ashish Rawat in 'compulsory waiting' at the DGP's office in Chennai. Ramanathapuram SP G Chandeesh has been given additional charge of Sivaganga. Manamadurai DSP Shanmugasundaram — the special team that detained Ajith Kumar reported to him and under whose jurisdiction the incident took place — was suspended.
Five police personnel were arrested late Monday night and booked for murder based on eyewitness statements and post-mortem findings which revealed 30–40 injury marks, including trauma to the head and lower body of Ajith Kumar. Those arrested are Head Constables Kannan (Pazhayanur police station) and Prabhu (Manamadurai police station), and Grade I Constables Raja (Poovandi police station), Anand (Sivaganga Traffic), and Sankaramanikkamthan (Thirupuvanam police station). Police driver Ramachandran was suspended.
Condemning the government's initial response, BJP state president Nainar Nagenthran alleged, 'The rapid cremation, police denial, and coercion of the family point to systemic rot', and demanded a probe by a central agency.
Tamilaga Vettri Kazhagam (TVK) president Vijay demanded that a special investigation team under the court's supervision take over the probe and accused Chief Minister M K Stalin, who also holds the Home portfolio, of failing to ensure justice. 'The government acted only after the court stepped in. People will not forget this,' he said.