An exemplary judgement

The custodial deaths in Sathankulam, Thoothukudi, had triggered widespread protests by human rights activists across India. The locals who protested in Thoothukudi described the policemen who beat a father and son to death over a minor offence as “criminals in uniform.” Now, the Madurai Additional Sessions Court has upheld this view and sentenced nine policemen to death. This important verdict sends a strong warning that such incidents should never be repeated in India. It shows that if police officers, who are responsible for protecting people and maintaining law and order, behave like organised criminals, they will face strict punishment under the law.

The incident took place in 2020 within the Sathankulam police station limits in Thoothukudi district. During the COVID-19 lockdown, a shopkeeper was arrested for keeping his mobile shop open 15 minutes past the allowed time. His son, who came to the station to inquire about him, was also taken into custody. Both later died in custody. Initially, the police tried to cover up the case. However, protests by traders and locals in Thoothukudi, along with intervention by political parties and the judiciary, brought national attention to the case. The victims were P. Jayaraj (58) and his son J. Bennix (31), who died after brutal police assault. It was reported that they were forced to clean the blood that flowed from their own bodies, and were denied proper medical treatment. The Madurai court has now given strict punishment to those responsible.

Two women constables who were on duty at the station at the time played a key role by giving statements against the accused despite pressure. This helped the court deliver the maximum punishment. Before announcing the sentence, the court also sought the views of the central and state governments, which is rare in such cases. Both governments stated that there should be no leniency in custodial death cases. There were originally ten accused, including sub-inspectors, head constables, and other police personnel. The tenth accused, Inspector Paul Durai, died due to COVID-19. The case was first investigated by the Crime Branch, but after protests alleging attempts to protect the accused, the probe was handed over to the CBI.

The CBI found that the victims were arrested on false charges and subjected to severe torture. Even though they were badly injured, they were remanded to sub-jail without proper medical care. Their condition worsened in jail, and they died on June 22 and 23 at a government hospital in Kovilpatti. The accused argued that the deaths were not due to assault but caused by a heart attack and respiratory illness. However, the court rejected this claim. This verdict, delivered six years later, is also the result of the continuous fight for justice by Selvarani, the wife of Jayaraj. It is an exemplary judgment, and it should be included as a lesson in all police training colleges across India.