High Court Condemns Custodial Violence, Orders Swift Investigation into Youth's Death
The Madras High Court's Madurai Bench ruled that custodial violence is a grave violation of the rule of law and directed the CB-CID to expedite its investigation into the custodial death of a Scheduled Caste youth in Tamil Nadu. The court emphasized that constitutional protections under Article 21 apply even after arrest and cannot be suspended at police station gates. The ruling highlights the critical role of judicial magistrates in scrutinizing police conduct during remand proceedings to prevent custodial abuse.
The Madras High Court's Madurai Bench issued a significant judgment on custodial violence in connection with the death of R. Akash Delison, a Scheduled Caste youth from Sivaganga district. Justice L. Victoria Gowri stated that while the State possesses coercive powers for crime investigation, these powers cannot extend to torture or violation of fundamental rights to life, dignity, and bodily integrity. The court praised Judicial Magistrate M. Afzal Fathima for conducting a thorough remand proceeding that documented the accused's injuries and allegations of custodial torture, demonstrating how judicial vigilance at the remand stage serves as an institutional safeguard. The judgment clarified that remand proceedings are not mere administrative formalities but constitute the first constitutional protection available to arrested persons, requiring magistrates to meaningfully interact with accused individuals rather than mechanically approving custody. The court directed the investigating agency to complete its investigation expeditiously and file the final report in accordance with law.
What different sources said
- The HinduCenter
Custodial violence one of the gravest affronts to the rule of law, says HC
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