Petition Filed in Madras High Court for Contempt Proceedings for Custodial Death of Jayaraj and Bennicks

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The petition was filed in Madras HC. In the case of The Registrar (Judicial), Madurai v. The State of Tamil Nadu, @ SP, Thoothukudi, and Ors, the matter concerned the issue of Writ of Mandamus for Respondents. The Petitioner requested the issuance of Mandamus to get the report of the death of Bennicks and Jayaraj from Respondent no. 1. The Bench comprised of Justice Mr P.N Prakash and Justice Mr B. Pugalendhi.

Facts of the Case

The matter was up for hearing because of the special mentioning by Mr K. Chellapandian. When authorized by the Court to move the investigation of Sathankulam to CBI, it decided to take it up Suo Motu.

Arguments of the Parties

The Additional Advocate General contended that the decision to transfer case to CBI is a policy decision of State Government. As a result, it issued the order invoking Section 6 of the Delhi Special Police Establishment Act, 1946. Hence, the approval of the Court implied as a deference to the State Government.

Observation of Court

The Judicial Magistrate should send a copy of the report to the Court and keep the original safe for CBI’s Investigating officer. Furthermore, the Case diaries should be handed over to the CJM for safekeeping and to the CBI’s Investigative Officer. Lastly, the Department of Forensic Science is called upon to gather evidence and to support the Judiciary.


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