TN Custodial Deaths | Madras HC | Suo motu cognizance of “Jayaraj & Bennicks” matter already taken on Judicial side; PIL seeking registration of FIR against police excesses — closed

Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., while stating that it has already on the Judicial side taken up the matter with regard to the tragic demise of “Jayaraj and Bennicks” closed the matter seeking direction in adherence to the Supreme Court’s decision in Lalitha Kumari v. Government of U.P., (2014) 2 SCC 1.

Petitioner sought direction for issuance of writ of mandamus to ensure strict adherence to the law laid down by Supreme Court of India in Lalitha Kumari v. Government of U.P., (2014) 2 SCC 1 in cases of Police excesses and thereby ensure immediate registration of FIR in cases where police persons are the alleged offenders and issue any guidelines, directions or standard operating procedures to be followed by the respondents herein and his subordinates in cases of police excesses.

Offence of Murder

Public Interest Litigation alleged lapses as to the non-registration of the FIR, despite the complaint lodged by the close family members, prima facie disclosing the commission of cognizable offence of murder.

Petitioner’s counsel, A. Rajarajan submitted that the police officials concerned deliberately failed to perform their duties and did not adhere to the decision of Supreme Court’s Constitutional Bench in Lalithakumari v. Government of U.P., (2014) 2 SCC 1.

Decision

Bench stated that it has already taken up the matter suo motu and is dealing with the aspects of the tragic demise of “Jayaraj and Bennicks”, hence the present petition is to be closed. [L. Vasuki v. Director General of Police, State of T.N., 2020 SCC OnLine Mad 1457 , decided on 09-07-2020]


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