Armstrong case: CB-CID will probe encounter killing, Tamil Nadu govt informs Madras HC
A division bench of Justices SS Sundar and P Dhanabal was hearing the petition moved by P Pugalenthi, an advocate and director of Prisoners Rights Forum, seeking to file a criminal complaint against the police officers responsible for the encounter and transfer the probe to Central Bureau of Investigation (CBI).
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CHENNAI: The investigation into the encounter killing of Thiruvengadam, the history sheeter who was booked in the murder of BSP Tamil Nadu unit president K Armstrong, would be transferred to the CB-CID, the State government told the Madras High Court on Thursday.
Thiruvengadam was gunned down by the Chennai police after he allegedly tried to open fire at the officials who escorted him.
Recording submission, the High Court directed the State to file the status report on the investigation.
A division bench of Justices SS Sundar and P Dhanabal was hearing the petition moved by P Pugalenthi, an advocate and director of Prisoners Rights Forum, seeking to file a criminal complaint against the police officers responsible for the encounter and transfer the probe to Central Bureau of Investigation (CBI).
During the hearing, the bench wondered how an advocate who is neither affected nor directly connected to the encounter could file the present petition.
Appearing for the petitioner, advocate M Radhakrishnan submitted that his client has filed the petition as the director of Prisoners Rights Forum, an organisation working to safeguard prisoners' right and submitted that the petition was maintainable on the grounds of human rights.
Advocate General (AG) PS Raman submitted that the State was awaiting the report of the magistrate who conducted an inquiry into the encounter killing, and added that after receiving the report, the probe would be transferred to CB-CID.
After the submission, the bench directed the State to place the current status of the investigation and posted the matter after three weeks.
The city police arrested the history sheeter Thiruvangedam in connection with the murder of Armstrong, and he was produced before the Egmore Magistrate Court.
After the court granted remand, the police took custody of the accused for interrogation. On July 14, the accused was taken to Madhavaram at the early hours to seize the weapon used for the murder. The police alleged that while the accused was taken to the hideout, he escaped from them and tried to attack them. In order to protect the police team, inspector Mohammed Buhari opened the fire at the accused, killing him on the spot, said the police.
If a person was shot and killed by a police officer in an encounter, the State has to register a case against the officer concerned under section 103(1) of BNS, 2023, which is a constitutional obligation, said the petitioner.
He referred to a judgement of the Supreme Court in People's Union for Civil Liberties vs State of Maharashtra 2014, and said that the apex court had held that when a complaint is filed against a police officer alleging culpable homicide, FIR has to be register under the appropriate section.
The State failed to comply with the directions of the Supreme Court which amounts to contempt of court, said the petitioner. He also demanded registration of a criminal case against the inspector of Tondiarpet station, Mohammed Buhari, who shot dead Thiruvengadam.