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Justices M. Sathyanarayanan and P. Rajamanickam of Madras HC begin hearing cases related to custodial deaths of father-son duo P. Jayaraj & J. Benicks at Sattankulam in Thoothukudi district of TN
AAG: Most part of investigation is done by CBCID. Already 10 accused arrested. Murder charges have been pressed. Govt has also given Rs.20 lakh as compensation though petitioner has asked for Rs.1 crore.
Adv Shaji Chellan: I also want court to order framing of guidelines to be followed in future.
Adv Shaji Chellan appears for district secretary of CPI(M) by filing a separate PIL seeking constitution of SIT, Rs.1 crore as compensation and other relief. Judges order notice to Govt on his PIL.
Suo Motu PIL will be taken up after this new PIL petition
Judges are now dictating orders for issuance of notice to TN Govt on the new PIL petition filed by CPI(M) district secretary. Record AAG's submission that victims' family members will also be given govt job and proposals have been mooted.
Now judges are hearing another related case. Only after this suo motu petition will be taken up.
Judges are now reading arrest guidelines laid down by SC in the famous Lalita Kumari's case.
On June 23 victim's family lodged a complaint. That complaint did not lead to registration of FIR, argues advocate A. Rajarajan.
How does that matter now that the CB-CID had altered the FIR and pressed murder charges? asks Justice M Sathyanarayanan. Asks why should court entertain multiple cases for same issue.
Judge: If there is any alleged infraction, we will deal with it in suo motu case.
Judge tells advocate Rajarajan: We shall close this writ petition and permit you to intervene in suo motu case. Advocate accepts.
Judge: If multiple cases are entertained, quality of investigation will suffer and ultimately enure to the benefit of the accused.
Now they begin hearing the suo motu case
Justice M. Sathyanarayanan: Before we commence proceedings, this court appeals to media to not to misinterpret facts and appeals to social media to not indulge in media trial.
AAG: 10 arrested so far.
Judges: Tell the names
AAG : HC Murugan, SI balakrishnan, Inspector Sridhar, SI Raghu Ganesh, Chelladurai,
AAG: Preparations are on to file a petition for police custody but in the meantime CBI has also registered a case.
Judge: Is there any standing counsel for CBI?
Assistant Solicitor General V. Kathirvel: Delhi CBI office has registered two cases.
ASG for CBI: Initial FIR booked under 176(1)(a) based on initial information. We will subsequently alter the charges.
Judge: If anybody wants to intervene in suo Motu petition, they can formal petitions.
Judge: Not for the sake of publicity, every body should intervene. We want only assistance though I myself have already collected a number of judgements.
CBI: Investigation team is coming to TN tomorrow
CBI: Investigation is to be headed by Addl SP VK Shukla
Judge: Have local officers who know Tamil also in the team
CBI: Seven officers headed by Addl SP will land in Madurai tomorrow at 1:30 pm
CBI: We have also written to TN Chief Secretary seeking local assistance in investigating the case.
Judges are now dictating orders in the suo motu case
Judges are recording all submissions made by Addl Advocate General for TN Govt and Assistant Solicitor General appearing for CBI.
CBI could not find flights to Madurai yesterday and today but they have booked a flight tomorrow morning.
Judges are suo motu impleading CBI as a respondent to the suo motu case.
Either CBCID or CBI should file petition for police custody within 15 days, say judges. Adjourn case to July 28.
Judges: CBI should use all materials collected by CBCID
Judges mark a copy of their order to CJM Thoothukudi, CBI and others.
Judges to CBI counsel: Find out how quickly you can complete investigation and file charge sheet. Don't do it like corruption cases.
Judges record in their order an appeal to media to not report wrongly and to desist from indulging in media trial.
Hearing over.
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