TN custodial death: HC orders judicial probe, says ‘a state has killed its own citizen’

The Madurai Bench of the Madras High Court, while expressing profound shock and condemnation during a hearing on the custodial death of Ajith Kumar, a temple security guard from Sivaganga district, has ordered an immediate judicial inquiry into the horrific incident.

In a scathing observation, the court declared, “This is not an ordinary murder. There is not a single part of Ajith’s body without injuries. A state has killed its own citizen,” highlighting the brutality inflicted on the victim and questioning the Tamil Nadu police’s actions.

The court has directed Madurai Judicial Magistrate John Sundar Lal Suresh to conduct the probe and submit a report by July 8. The court has also issued a stern directive to the Tamil Nadu government to take action against the senior police officials accused of being involved in the case, condemning the alleged destruction of evidence and the savage assault that led to Ajith’s death.

Video emerges

Public outrage over the tragic death of 27-year-old Ajith in police custody has further intensified after a disturbing video emerged online, purportedly showing the policemen concerned brutally assaulting Ajith with plastic pipes and iron rods.

Also read: Exclusive | Sivaganga custodial death case: Eyewitness confirms brutal torture

The video, which has now gone viral, was reportedly captured by Sakthiswaran, an employee of the same Madapuram Bhadrakali Amman Temple in Thiruppuvanam where Ajith was employed. It shows two men assaulting a young man, believed to be Ajith.

Sakthi apparently recorded the beating on his mobile through an opening in the office restroom and later handed it over to the prosecution lawyer. The latter submitted it to the Madurai Bench as evidence.

Nearby CCTV footage, which could hold crucial evidence, is also under scrutiny.

“Even a murderer would not inflict such injuries”

The Bench of Justices SM Subramaniam and AD Maria Clete, have summoned Sakthi to appear before it. The judges have also directed the Thiruppuvanam Judicial Magistrate to submit a report and ordered the final post-mortem report to be filed by Tuesday (July 1) evening.

The interim post-mortem report, which has left even the judiciary in disbelief, revealed that Ajith suffered 44 injuries across his body, including severe wounds to his skull, arms, back, legs, and internal injuries leading to haemorrhage. The cause of death has been stated as a seizure.

Justice Subramaniam, describing the post-mortem report as “highly shocking”, noted that the extent of injuries suggested an extraordinary level of violence. “Even an ordinary murderer would not inflict such injuries. This is all because of power,” he said, emphasizing that Ajith was not a formal accused, with no FIR registered before his interrogation.

“Even if an FIR was filed, such injuries are unjustifiable,” he added.

Evidence destroyed, says court

The Madurai Bench, hearing a suo-motu case, lambasted the police for their failure to collect critical evidence. “All evidence has been destroyed. Who collected the evidence at the scene? Why were blood stains at the location of the assault not gathered? If this is the case, action must be taken against the Superintendent of Police (SP) as well,” the judges declared.

They questioned what the police were doing instead of securing evidence and demanded to know the weapon used to inflict such extensive injuries. The court has ordered that all CCTV footage related to the case be preserved without any tampering or deletion.

“No changes or destruction of CCTV recordings will be tolerated,” the judges emphasized, underscoring the importance of maintaining the integrity of evidence.

Also read: Sivaganga custodial death | HC slams govt: ‘Was the deceased a terrorist?’

“Police-organized crime”

The Madurai Bench has directed the CBCID to conduct a thorough and impartial investigation into the case. Raising critical questions about the police’s conduct, the court asked why a special team was formed without an FIR, who authorized the interrogation, and where the CCTV footage from the temple premises was.

Labelling the incident as “police-organized crime”, Justice Subramaniam stressed that custodial deaths demand stricter action than ordinary murders, as “a person in custody is helpless.” The court further remarked, “The police are meant for investigation, not for beating. Who directed this assault?”

The court stressed that such incidents are unacceptable in a state like Tamil Nadu, known for its high literacy and progressive values, warning that police must not engage in such conduct in the future. “This is dangerous in an educated state like Tamil Nadu,” the judges noted, criticizing the Tamil Nadu government and warning it of severe orders if attempts are made to dilute the case.

Cops arrested, suspended

In the wake of massive public outrage and protests, the six accused policemen—Head Constables Kannan and Prabhu, Grade I Constables Raja, Anand, and Sankaramanikkamthan, and police driver Ramachandran—were initially suspended. Five of them have now been arrested and remanded in judicial custody in Madurai, while Ramachandran is under suspension.

The case, initially registered under Section 176 of the BNSS for custodial death inquiries, has been escalated to a murder case under Section 196(2)(a) of BNSS.

The court also questioned the transfer of Sivaganga SP Ashish Rawat to “compulsory wait” instead of suspension. Ramanathapuram SP G. Chandeesh has been given additional charge of Sivaganga.

What happened to Ajith?

Ajith Kumar, a temporary guard at the Madapuram Bhadrakali Amman Temple in Thiruppuvanam, was detained on June 27 following a complaint by two women, Sivakami and her daughter Nikita, who alleged that 10 sovereigns of gold jewellery went missing from their car after Ajith assisted in parking it.

According to Ajith’s brother, Naveen, he and four others, including Ajith, were taken for questioning by a special police team. Naveen alleged that the group was subjected to brutal assault during interrogation, with Ajith enduring severe beatings for over five hours that led to his collapse and subsequent death on June 29.

Ajith’s family was not informed of his detention, and eyewitnesses, including his nephew and local shopkeepers, have reported hearing him scream while being beaten by the “special police team”.

Earlier, Naveen recounted to the judicial magistrate that the group was taken to multiple locations, including an isolated lake area and a veterinary hospital, where they were beaten for hours. Ajith, unable to endure the torture, falsely claimed he would lead police to the stolen jewellery before collapsing.

Also read: TN custodial death: AIADMK seeks CBI probe

State gets two days to submit report

The state government has been granted two days to submit a detailed report. The court also heard from Thiruppuvanam Judicial Magistrate Venkatesh Prasad and the Assistant Commissioner of the HR&CE Department.

The state has promised Rs 5 lakh and a job for Ajith’s brother, Naveen, but the court emphasized the need for systemic change, stating, “Such incidents must not recur.”

Chief Minister MK Stalin has asserted that action has been taken against the erring policemen. However, opposition parties, including the AIADMK and the BJP, have demanded a CBI or SIT investigation, citing a pattern of custodial violence under the DMK regime, with Ajith’s death marking the 24th such incident since 2021.