To Date: 08.05.2024
1) The Hon’ble Chief Minister, Tamilnadu Government, Chennai.
2) The Home Secretary, Tamilnadu Government, Chennai.
3) The Director General of Police, Tamilnadu Police Department, Chennai.
4) The District Collector, Villupuram District, Villupuram.
5) The Superintendent of Police, Villupuram District, Villupuram.
Respectable Sir,
Sub: Request to order for CBCID enquiry on the custodial death of Raja S/o
Kathavarayan (age 43 years) of G.R.P. Street, Villipuram due to torture in
Police custody – Since it is a custodial death the enquiry by the concerned
Judicial Magistrate is sought – Conduct a second postmortem by a panel of
Doctors and videograph the entire postmortem – Provide adequate
compensation and protection to the victim family – Reg.
Ref: 1) Cr.No.232 of 2024 u/s 174 Cr.P.C., West Police Station, Villupuram.
2) Cr.No.327 of 2024 u/s 4(1)(a) of the Tamilnadu Prohibition Act, Taluk
Police Station, Villupuram.
One Raja (age 43 years) S/o Kathavarayan resided at No.23/7, G.R.P. Street, Villupuram, Villupuram District worked as canteen master in a TASMAC Government Liquor shop at Thirupachavadi, Villupuram. His wife Anju (age 36 years), his sons are Kubendran (age 19 years), Sanjay Gandhi (age 17 years) and his daughter Mahalakshmi (age 16 years). His son Gubendran also working in the above-mentioned TASMAC Government liquor shop.
As usual, on 09.04.2024 morning, the said Raja went to work at the TASMAC Government liquor shop at Thirupachavadi, Villupuram. He did not return back home at night.
On 10.04.2024, said Anju found that her husband had not yet returned home and enquired and was shocked to know that her husband had been taken custody by the Police personnel attached to the Taluk Police Station, Villupuram. Immediately, she, with her younger son Sanjay Gandhi, went to the Villupuram Taluk Police Station and enquired about her husband. The Police said that he would come home and told to leave the Police Station and if not, threatened with a false case against them.
It is stated that on 10.04.2024 at about 12.00 pm, one person brought the said Raja home. At that time, his wife saw that he was in trauma and told her that while he never did any wrong, the Taluk Police Station Police took him to the Station for enquiry and beat him brutally and tortured him. There were swelling and blood injuries on the face, back and chest of Raja. Even while he was being tended the said Raja fainted and fell down unconscious. Immediately, his wife took him to the Government General Hospital, Villupuram and the Doctors on duty checked him and told that he was brought dead.
The Villupuram West Police Station Police have filed a FIR as suspicious death under Section 174 Cr.P.C in Cr. No.232 of 2024 (copy enclosed). The deceased wife Anju told the said hospital Doctors that her husband was beaten severely by the Villupuram Taluk Police Station Police which caused the death of her husband. The Doctors immediately informed the Taluk Police Station. Then 10 Police personnel came to the said hospital and took the body of the deceased Raja in a private ambulance to the Government Medical College Hospital, Mundiampakkam, Villupuram. It was around 4.30 pm. The family members state that the Doctors conducted the postmortem within a time of 20 minutes and handed over the body of the deceased to the family members. The Police pressured the family members to cremate the body instead of burying it. However, family members buried the body.
It seems that the Police personnel attached to the Taluk Police Station, Villupuram picked up the deceased Raja on 10.04.2024 night and have beaten and tortured him. There were swelling and blood injuries on the face, back and chest of the deceased Raja. It is a crystal clear case of custodial death. But, the Police say that he was picked up on 10.04.2024 at about 9.30 am and was brought to the Villupuram Taluk Police Station, and that they booked a case against him under Section 4(1)(a) of the Tamilnadu Prohibition Act in Cr.No.327 of 2024 (copy enclosed) as if he sold the liquor without a valid Government permission or license. The Police say that he was let out on Station bail at about 11.00 am on the same day.
But, the above-mentioned FIR in Cr.No.232 of 2024 was filed in the Villupuram West Police Station by obtaining the complaint from the wife of the deceased and it says that on 10.04.2024 at about 8.30 am, the deceased Raja told his wife that his health condition was not good. Then he went to the Maharajapuram Primary Health Centre, Villupuram with the help of his friends and after being treated by Doctors returned back home. Then he said that he was having chest pain and on 10.04.2014 at about 12.30 pm he was taken to the Government General Hospital, Villupuram. The Doctors checked and said that he was brought dead. The Villupuram West Police Station Police have written the above-mentioned complaint but did not even read it over and explained it to the wife of the deceased and filed the FIR in Cr.No.232 of 2024 by obtaining her signature.
The above-mentioned FIR in Cr.No.232 of 2024 filed in the Villupuram West Police Station is totally contrary to the FIR in Cr.No.327 of 2024 filed against the deceased Raja in the Taluk Police Station, Villupuram. The Taluk Police Station FIR in Cr.No.327 of 2024 say that the patrolling party comprising the Inspector of Police S.Arumugam, Sub-Inspector of Police Sivagurunathan and the Police Head Constable 1677 Munusamy on 10.04.2024 at about 9.30 am saw the deceased Raja with a liquor bottle and brought him to the Police Station at about 10.15 am and booked the case and arrested him.
The above-mentioned FIR in Cr.No.232 of 2024 in the Villupuram West Police Station say that on 10.04.2024 at about 8.30 am the deceased Raja was at home and told his wife that his health condition was not good. Then he was taken to the Maharajapuram Primary Health Centre and Doctors treated him and returned home. Then due to chest pain, he was taken to the Government General Hospital, Villupuram at about 12.30 pm on the same day and after checking, the Doctors told that he was brought dead. The version of the Villupuram West Police Station Police is totally contradictory and the FIR in Cr.No.232 of 2024 was created to cover up the custodial death incident and from the beginning the Villupuram West Police Station Police acted illegally. So that only, instead of filing a custodial death case under Section 176(1)(A) Cr.P.C., the Villupuram West Police Station Police had filed the FIR in Cr.No.232 of 2024 as if it is a suspicious death under Section 174 Cr.P.C.
It is pertinent to note that none of the directions of the Hon’ble Supreme Court in D.K.Basu Vs State of West Bengal was followed by the Villupuram Taluk Police Station Police while arresting and registering the case in FIR in Cr.No.327 of 2024.
On the face of the above-mentioned facts, it is apparent that it is prima facie a case of custodial death and suppression of material evidence.
In this context, we request to consider the following demands and pass necessary orders or issue suitable instructions:
1) To transfer the case in Cr. No.232 of 2024 under Section 174 Cr.P.C. in the file of West Police Station, Villupuram to the CBCID wing for proper and further investigation.
2) To alter the above-mentioned FIR in Cr.No.232 of 2024 in the file of Villupuram West Police Station into Section 176(1)(A) Cr.P.C. and Section 302 of IPC and add the Police personnel of the Villupuram Taluk Police Station responsible for the said custodial death and order for the concern Judicial Magistrate enquiry.
3) Since the conduct of the postmortem is suspicious, to immediately order for a second postmortem by a panel of Doctors and to videograph the entire postmortem complying with the guidelines of the National Human Rights Commission.
4) Provide adequate compensation and protection to the victim’s family.
Thanking you.
Yours truly,
(G. SUGUMARAN)
Secretary, Federation for People’s Rights, Puducherry.
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