The Central Bureau of Investigation has moved the Madurai Bench of the Madras High Court on Friday challenging a trial court order that has not framed charges against the accused police personnel in the Sattankulam custodial deaths case of trader P. Jayaraj and his son J. Benicks under Section 120 B of the IPC (Criminal Conspiracy) for committing the offence.
Justice Sathi Kumar Sukumara Kurup ordered notice to all the accused currently lodged in the Madurai Central Prison. The case was adjourned till July 12. While framing the charges against the accused, I Additional District and Sessions Judge of Madurai held that no materials were available to frame charges under Section 120 B of the IPC.
Assistant Solicitor General L. Victoria Gowri submitted that there were sufficient materials available on record to prove the offence under Section 120 B of the IPC for committing the offence under Section 302 (Murder) and other offences of the IPC. Further, it was submitted that the trial court had not framed the charges for two counts against some of the accused.
That apart, certain other offences under the IPC were not framed against some accused in the case. The CBI said that the custodial death case was sensitive and if proper charges were not framed at the beginning stage of the trial, the accused police personnel could take advantage of the same. It could cause serious prejudice to the prosecution.
The CBI sought a direction to set aside the order passed by the trial court and direct the trial court to add the charges under Section 120 B against the accused and also add the other charges for two counts against the accused. If the objection for non-framing of charges can be raised at an early stage, no one will be prejudiced. Otherwise it will affect the Right to Speedy Fair Trial, the CBI said.
The CBI filed the chargesheet under Section 120 B (party to a criminal conspiracy) of the Indian Penal Code (IPC), read with Sections 302 (murder), 342 (wrongful confinement), 201 (causing disappearance of evidence of offence), 182 (false information), 193 (false evidence), 211 (false charge of offence), 218 (public servant framing incorrect record) and 34 (common intention) of the IPC.
The charge sheet has been filed against the then inspector S. Sridhar, sub-inspectors P. Raghu Ganesh and K. Balakrishnan, head constables S. Murugan and A. Saamidurai and constables M. Muthuraj, S. Chelladurai, X. Thomas Francis and S. Veilumuthu. Special sub-inspector Pauldurai, an accused in the case, died after contracting COVID-19.