Custodial death of Muthu

THE NEVER-ENDING TURMOILS OF THE TAMILS IN INDIA-THE CUSTODIAL DEATH OF A. MUTHU

 

1) In my earlier blogs on Criminal Law, viz., Nirmala Devi[1] and Sathankulam[2], I had pointed out the problems that plague the Criminal Justice Administration in the state of Tamil Nadu. Unfortunately, in the last 4 or 5 years, the state of Tamil Nadu is perpetually in agitation mode. For example, we had the agitations against the Koodankulam nuclear power plant, the neutrino project, the NEET examination, Anitha’s suicide, hydro-carbon exploitation in the Cauvery Delta, Sterlite’s closure, police firing in Thootukudi etc., an endless list. It is possible I have missed out a few. As we are recovering from the Sathankulam Tragedy, the news of Anai Karai Muthu’s custodial death, this time at the hands of the Forest Department, has come to light. It is a consolation to know that the Judicial Magistrate in question, exercised better care and diligence than the remanding Magistrate in Sathankulam. The murkiness surrounding the conduct of the post-mortem of Anai Karai Muthu, also exposes the unethical work culture of the government, healthcare and forensic experts. I am sad that the death of Muthu has not attracted the attention of the intelligentsia and the human rights watchers, as the earlier cases did.

 

2) Let us look at the available facts. Apparently, Late A. Muthu was a farmer, who cultivated the land adjacent to the forest area. Like many other farmers, Muthu too had erected an electrical wire fence to prevent the entry of wild animals. If rumours are to be believed, he had stolen electricity for the said fence, from the nearby electric transmission line. He was taken away by the Forest Officers at an odd time, ostensibly for the purpose of conducting an Enquiry. If the facts alleged are true, Late A. Muthu has indeed committed the offence of electricity theft, which should be properly investigated by the vigilance cell of the TNEB and is manned by Police Officers, who occasionally lodge prosecutions even against big companies. Usually, in such cases, the person who stole or diverted electricity, pays compounding penalty charges based on putative consumption, and many a time manages to secure an amnesty against prosecution, conviction, and even probable incarceration. This is what the erstwhile Telecommunications Minister, Mr. Dayanidhi Maran, did in the infamous illegal telephone exchange case wherein a multitude of the telephone connections employing state-of-the-art technologies were installed in the premises of the Telecommunications Minister, allegedly for the benefit of a publicly listed company owned by his brother. But then, everyone in India knows that Bennix, Jayaraj, A. Muthu and several others cannot match the Maran Brothers.

 

3) In the Sathankulam Tragedy, the surviving members of the family were given Rs. 20,00,000/- each, and one from the family was given a decent Government Job. The victims of the Tuticorin Shootout received a sum of Rs. 1,00,00,000/- each. Shortly, after the Tuticorin Shootout, there was a communal riot in a neighbouring district where the victims’ family received just Rs. 25,00,000/- and they were not given Government jobs. When the Mahout of the Samayapuram Temple died on duty, after the Temple elephant attacked him, his family was given just Rs. 3,00,000/-. The Indian scheme of compensating victims of accidents and crime is perplexing. Like New Zealand, we must evolve a uniform scheme for compensating victims of accidents and crimes. But then, that being a different story, becomes a matter for a separate blog.

 

4) A case of murder against the Forest Officials, in due course, will be registered. I am not too sure whether there will be a demand for a CBI investigation. It is uncertain how the State Government will provide succour to the family of Anai Karai Muthu. Further, we have to wait and see whether there will be a conviction by the Trial Court, in pursuant to the investigations. But as a Lawyer, I can say that even if there are convictions by the Trial Court, the convicts, under the law have two Statutory Appeals. If you go by past history, several of these convictions have been overturned by the Appellate Courts. Rarely will you see a government servant in jail for an abuse of his authority, even after his conviction. Hence, in the next few lines, I will not focus on the rights of either the victims or the offenders, but on seeing how these offences can be avoided in the future, by tweaking the Standard Operating Procedures of the investigating agencies.

 

5) a) The investigating agencies, henceforth, should stop calling citizens for enquiries in an informal or unofficial manner. If a suspect/witness/victim has to be summoned for an enquiry, there must be a police station record even for an informal enquiry. It can even be a WhatsApp message from the Inspector to the Sub-Inspector or the constable.

b) Usually, Lawyers come to know about these people being informally summoned and detained for hours, several times. In some cases, for days. In such cases, the Lawyers concerned should electronically lodge protests with the Police Officials against such informal detentions, particularly when the detention is for more than 24 hours. Had the Sathankulam Lawyers done that, perhaps Jayaraj and Bennix would not have died.

c) The Police Officers obtain “discovery evidence in pursuant of a suspect’s confession”. Such confessions are obtained by employing third-degree methods. In such cases, even if the torture is proved, the Courts have considered the discovery evidence and relied on them for a conviction. This has to stop, if necessary, vide an amendment to the Indian Evidence Act, 1872.

d) Finally, every square inch of the police stations and enquiry chambers of other investigating agencies must be under closed-circuit electronic surveillance. Many times, the CBI records statements under Section 164 of the Code of Criminal Procedure, 1973, through a video camera. This must be made mandatory for all investigation. if necessary, by an appropriate amendment to Section 164 of the Code of Criminal Procedure, 1973.

e) Many American Municipal Corporations have established permanent mechanisms for compensating the victims of police high-handedness and victims of wrongful conviction. In fact, usually, these bodies hand out very generous compensations and order the concerned/convicted officer to pay a part of the compensation, if necessary, by making appropriate deductions in their post-retirement pay. I am aware that, in the Indian context, it will be too much to expect personal liability on the part of an erring government servant. But, human rights Lawyers like me are incorrigible optimists, and so, I ask for it!

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[1] https://draft.blogger.com/blog/post/edit/4127068062180889548/7617393968953935805

[2] https://draft.blogger.com/blog/post/edit/4127068062180889548/4986486283908042132