Manamadurai Custodial Death: Madras HC Expresses Anguish Over Deceased Body Being Used As Means Of Protest, Cites Right To Decent Burial

The bench of Justice N Sathish Kumar and Justice M Jothiraman said that providing a decent burial is also a facet of the fundamental right to life guaranteed under Article 21 of the Constitution. The court also noted that neither the state nor the officials were preventing the conduct of the last rites, and it was for the family members of the deceased to proceed with his rites.

“We express our anguish that the dead body is being used as a means of protest for days together. Providing a decent burial is also part of the fundamental right under Article 21 of the Constitution of India. In such circumstances, it is not the State or its officials who are preventing the conduct of the last rites. It is for the family members and other concerned persons to proceed with the same,” the court said.

The court was hearing a public interest litigation filed by Selvakumar seeking direction to the Superintendent of Police, CB-CID, to arrest the police persons accused in the offence under provisions of the SC/ST Act and to hand over Akash's body to his family for performing the last rites. Alleging caste bias, Selvakumar also sought directions to the Election Commission of India to transfer the police personnel in Sivagangai District and to deploy officers from other districts for election purposes.

When the matter came up for hearing before the bench, the State informed that the father of the deceased had already filed a petition which was pending before a single judge of the court, which was monitoring the investigation. The State also informed that the necessary provisions under the SC/ST Act were incorporated in the FIR and the magistrate had also conducted an inquest under Section 196 of the BNS. The court was also informed that the investigation is being monitored by the Deputy Superintendent of Police.

Upon consideration, the court noted that the present public interest litigation was nothing but a publicity interest litigation which was filed for extraneous reasons. The court noted that the petitioner had sent a representation to the ECI for transferring the officers, and filed the public interest litigation on the very next day.

The court also noted that despite the investigation being conducted in the right direction and under the supervision of the single judge, the body was still not taken for burial and the protests were continuing. This prompted the court to express its anguish.

Regarding transferring the officers, the court noted that it was within the domain of the Election Commission of India to take appropriate decision in accordance with the law.

Thus, finding no merits, the court dismissed the plea.

Counsel for Petitioner: Mr. K. Kannan

Counsel for Respondent: Mr. Niranjan Rajagopal, Mr. K. Govindarajan Deputy Solicitor General of India, Mr. M. Ajmal Khan Additional Advocate General Assisted by Mr. A. Kannan Additional Government Pleader, Mr. R. M. Anbunithi, Additional Public Prosecutor

Case Title: C Selvakumar v The Chief Election Commissioner and Others

Citation: 2026 LiveLaw (Mad) 134

Case No: W.P(MD)No.8029 of 2026