Bring a Stop to Police Brutality: Justice for Jayaraj, Bennix and a Million Others

Must Read

An Insight into Custodial Death in India

“The occurrence of Custodial deaths in the world’s greatest democracy has raised the eyebrows of every citizen and shaken...

Implications in Travel Insurance in Light of the COVID-19 Crisis

As the world, today is crippled by this once in a century pandemic and as of date more than...

Second-Round Effects of Rent Control Laws: The Argentine Case

Introduction In colonial India, a city had an issue with its cobra population, which was a problem clearly in need...

Why Are the Big Techs of Silicon Valley Accused of Anti-Competitive Behaviours?

The big tech giants of the Silicon Valley are facing major challenges with relation to their monopolistic powers after...

KSK announces Sanjay Kumar as a Partner for Pharma & Life Sciences Practice

New Partner for KSK's Pharma & Life Sciences Practice King Stubb & Kasiva recently announced that Mr Sanjay Kumar has...

The Debate Between IPR and Competition Law Explained

There are various market processes or structures that govern market scenario. For simplicity, this paper focuses on two mechanisms:...

Follow us

The father and son kept bleeding, barely able to stand, the Magistrate came to his first-floor balcony, someone shouted ‘Kovilpatti, remand’. Two days later, they were dead. The gruesome death of Jayaraj and Bennix has sent shockwaves across the country. Two police officers have been suspended, and some officers were transferred, but the country is demanding accountability.

Facts of the Case 

There are two sets of facts, in this case. One of the eyewitnesses and other of the police officers. According to the police, on 22nd June, Bennix died in the hospital complaining of chest pain. Jayaraj died the next morning after suffering from a fever. They had an internal injury for ‘rolling on the ground’ while protesting police interference. However, their lawyer says the police tortured and sodomized the father and son.

Magistrate On The First Floor

On 20th June Jayaraj and Bennix were taken to the Sathankulam Magistrate, after a medical fitness test at the hospital. Allegedly, the Magistrate automatically gave the remand order without physically seeing the accused. Rule 6 of Criminal Rules Practice, 2019 requires the Magistrate to see the accused when brought for remand physically. This also allows the Magistrate to report both internal and external injuries. According to Senior Advocate V Kannadasan, if the Magistrate had seen the two men on the day of the remand, they could have saved. He could have sent them to a hospital first instead of a prison. ‘The real culprit seems to be the Magistrate who didn’t update himself on the law.’

Observation of High Court

The deaths have caused massive outrage amongst the public. More than 1,000 people of Sathankulam town in staged a dharna. The hashtag #JusticeforJayarajandBennix has sent out lakhs of tweets. Celebrities and politicians were condemning police action. Following this, the Madras High Court took suo-moto cognizance of the case. The Court observed that police brutality had become an endemic these days. The HC suggested the government use methods like yoga and counselling to alleviate work stress of police personnel.


In general, the police themselves work under incomprehensible pressure. They have terrible living conditions. Worst of all, they are usually beholden to corrupt superiors. The burden of the lockdown has undoubtedly taken its toll on them. However, cases of custodial deaths/torture are nothing new in India. Annual Report on Torture 2019 says 1,731 people died in custody in India during 2019 out of which 1,606 of the deaths happened in judicial custody and 125 in police custody. Police officers responsible are rarely punished and held accountable. Hence, they feel empowered to continue to used torture as a weapon.

The Supreme Court, in the case of Prakash Singh v Union of India, ordered the Centre and States to set up authorities to lay down guidelines for police functioning. The Second Administrative Reforms Commission observed the need to have an independent complaints authority to inquire about the cases of police misconduct. The Model Police Act, 2006 also requires State Governments to have State level and District level complaint authorities. The Indian report on police reforms accountability was one of the six major issues in 2017.

The UNDOC Handbook on police accountability, oversight and integrity state that it is necessary to establish a framework for police oversight and accountability. It says civilian control, investigating and acting in cases of police misconduct and reducing corruption are three main ways to combat police brutality. The Model Police Act, 2006 requires state authorities to have five members. The list predominantly consists of members of the executive and judiciary. Due to the rampant corruption, the public’s faith in the system is at jeopardy. Hence, a civilian-based complaints authority will be more appropriate.


The case of Jayaraj and Bennix has shocked the country. Many have equated their death to that of George Floyd in the hands of the police. Police brutality is a global issue, which can be solved with local laws. The matter will most probably be transferred to CBI. However, the CBI also has a shady record of brutality as is evident from Yogesh Bansal case. According to World Population Review countries like New Zealand and Hong Kong have almost no cases of police killings in 2020. All these countries have some form of civilian-based check on policing. The Public-Police relationship has been strained. During the lockdown, there have been several cases of public humiliation meted out by the police. The Indian policing system needs serious reforms starting with holding the perpetrators in custodial death/murder, accountable. is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -