High Court’s silence over JM’s role in father-son death slammed

The judiciary’s silence, even as the outrage over the death of the father-son duo in judicial custody in Sathankulam in Thoothukudi District, is fast gaining momentum on social media.

By :  migrator
Update: 2020-06-27 00:17 GMT
Protesters gathered at Sathankulam bus stand on Monday

Chennai

The incident is being compared to the killing of George Floyd in the US and the Madras High Court has come in for a lot of criticism over its silence on the role of the Judicial Magistrate who had mechanically remanded the duo into custody.

It is said that the Judicial Magistrate B Saravanan had not even bothered to see the father and son before remanding them, leave alone asking them about their injuries while the police in the FIR had conveniently claimed that the two had inflicted internal injuries on themselves by rolling on the floor.

Notwithstanding this, the High Court, while directing the police to submit a report, is yet to take cognisance of the Judicial Magistrate’s failure in executing his statutory duty, which otherwise could have saved the lives of the two persons.

The judiciary, for now, is maintaining a stoic silence on the role of the Judicial Magistrate, whose report remanding the duo is yet to be made public and remains highly questionable. Senior advocate M Radhakrishnan, while pointing out that under the Disaster Management rules in vogue the police had no right to enter the premises of the traders, said “Despite the Madurai Bench of the Madras High Court taking suo motu cognisance of the deaths, it is silent on whether the said judicial magistrate had discharged his duties. No one knows as to whether they were produced through video conference or physically before him. If so, did he record their injuries? In all probability, the JM is also responsible for the death of both the persons and hence ought to have been suspended.”

Similarly, the role of the prison warden has also come under the scanner for failing to abide by the statutory duties bestowed upon him. It is said that if the warden had recorded the injuries, he should have refused to admit the duo in prison and ought to have sent them to a hospital for treatment. Another lapse also revolves around the role of the prison doctor who should have checked the two before allowing them in to the prison.

FROM ARREST TO DEATH
  • JUNE 19: Jayaraj picked up by the police for an inquiry. Cops detain Jayaraj’s son Bennix after he reaches Sathankulam police station
  • JUNE 20: Bennix and Jayaraj taken to the hospital to get their medical fitness test, and then to the Sathankulam Judicial Magistrate Saravanan
  • JUNE 22: Bennix gets admitted to hospital, where he dies a few hours later
  • JUNE 23: Jayaraj breathes his last in the same hospital
  • JUNE 24: Madurai Bench of MHC orders SP of Thoothukudi to inquire into the incident and submit a status report

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