The Madras High Court on Monday directed that whenever an incident of death occurs in an educational institution, the investigation should be conducted by the CB-CID. The court also directed that in such cases, the post mortem should be conducted by a team of three doctors.
Justice N Sathish Kumar was hearing a plea filed by the father of a 17-years-old girl who allegedly committed suicide last Wednesday over alleged mistreatment by school authorities. Suspecting foul play, the father sought for transfer of investigation to the CB-CID for fair investigation and to unearth the truth behind the death of his daughter.
The court allowed re-postmortem to be conducted by a group of three doctors and a retired forensic director to be appointed by the court. The entire post mortem shall be videographed. The court also allowed the Petitioner's counsel to be present at the time of postmortem but also directed him not to interfere with the procedure.
The court also came down heavily on the protests that turned violent in parts of Kallakurichi on Sunday. Observing that the court cannot shut its eyes to such violence, the bench remarked,
"Police is not under the control of anyone. You should enforce the law. Court is going to monitor the probe into the violence. Identity all protesters and recover the loss. It appears to be an organised crime."
The Court also opined that in such violence, there is always some group behind it that needs to be properly investigated. The State had a duty to restore the glory of the Police forces.
This Court is of the firm opinion that in every protest, there is some group behind it and it has to be properly investigated. Unless such things are curbed and the perpetrators are brought before the Court of law, the situation will lead to show as if the State is lawless. Therefore, it is the responsibility of the State Government and police to restore the glory of a Police forces and the investigating agencies to properly identify the violators.
The court also remarked that though it had all sympathies for the parents of the deceased, it could not allow putting the lives of many others at risk. The court directed the police to take stringent action against the violators and to file a status report. The court also directed the government to form a special team to identify those who were behind the riots that broke out on Sunday.
Who will decide whether there is a fair investigation or not? Will the hooligans decide it? Of some 100 people gather and indulge in violence, police shouldn't succumb. You must control violence with iron hands, the court directed.
The police has thus been directed to file a status report before July 29th.
Case Title: Ramalingam v The Director General of Police and ors
Case No: WP/18455/2022