The consequential FIR registered by CBI in the #Sathankulam double custodial death case is liable for quash by the High Court. In the FIRs registered yesterday, in the column under Section, the FIR says 1/8
Section 176 1-A) (1) of Cr. PC, meant for “judicial inquiry into every case of death, rape and disappearance in the custody”. Against the column suspected offence, the FIR reads, “Illegal Detention murder and destruction of evidence”. 2/8
For these offences, the relevant sections of law are : 340, 342, 302 and 204 of IPC.
But, strangely, CBI has chosen to register the FIR under 176 (1-A) (1) but mentions many other serious offences under the “suspected offence” column. 3/8
But, strangely, CBI has chosen to register the FIR under 176 (1-A) (1) but mentions many other serious offences under the “suspected offence” column. 3/8
The date of CBI FIR is 7 July 2020, on the date which, the CB.CID of TN police has arrested a few police officers suspected of committing the offence of murder.
In such a scenario, the CBI should have either registered the FIRs verbatim, 4/8
In such a scenario, the CBI should have either registered the FIRs verbatim, 4/8
following the TN FIRs, which is the standard practice of CBI, or registered the FIR under relevant sections for the alleged offences. The CBI has done neither, which may prove fatal during the trial. 5/8
The FIRs registered by the CBI yesterday in this regard is the third set of FIRs for one and the same offence. Cr. Nos. 649 & 650 were registered in Kovilpatti PS where the offence occurred. 6/8
Subsequently, after the state’s CB.CID took over Cr. Nos. 1/2020 (Bennicks) and 2/2020 (Jayaraj) were registered by CB.CID. Now, CBI has registered fresh FIRs RC 5/2020 and RC 6/2020 for the same case on the file of CBI Special Crimes Unit V, SC.II, New Delhi. 7/8
These FIRs have all the grounds or quash by a High Court.
8/8
8/8
Page 1 of one of the CBI FIRs 
