Dead Body Of Victim In Custodial Death Case Being Used As Means Of Protest: Madras High Court Expresses Anguish

The High Court was considering a Petition filed by a social activist seeking direction to the Superintendent of Police to secure and arrest the accused police personnel under the provisions of the SC/ST (Prevention of Atrocities) Act, 1989, and to hand over the body of the deceased to his family for performing the last rites with dignity and adequate protection.

The Division Bench of Justice N. Sathish Kumar and Justice M. Jothiraman held, “The manner in which the present petition has been filed clearly indicates that it has been instituted for extraneous reasons. The representation is stated to have been sent only by email on 22.03.2026 at 11:27 p.m., and the writ petition has been filed on the very next day. We are also constrained to note that, despite the investigation proceeding in the right direction under the supervision of the learned Single Judge, the body of the deceased has not been taken for burial and protests are continuing. We express our anguish that the dead body is being used as a means of protest for days together. Providing a decent burial is also part of the fundamental right under Article 21 of the Constitution of India.”

Advocate K.Kannan represented the Petitioner, while Deputy Solicitor General of India K.Govindarajan represented the Respondent.

Factual Background

The petition, styled as a Public Interest Litigation, was filed in respect of the death of a 26-year-old Scheduled Caste youth, namely Aakash, from Krishnarayapuram Village, Sivagangai District, who allegedly died due to custodial torture while in judicial custody. Pursuant to the directions of the High Court, a case was registered and transferred to the CB-CID, Tamil Nadu, and offences under the SC/ST (Prevention of Atrocities) Act, 1989, were invoked.

The petitioner approached the High Court with the grievance that, despite the seriousness of the allegations, no arrest was made, and the investigation was proceeding sluggishly, thereby causing prejudice to the victim’s family. It was further stated that the family was unable to perform the last rites, allegedly infringing their rights under Article 21 of the Constitution. It was further claimed that the situation had led to tension in the locality, warranting the intervention of the Court.

Reasoning

On a perusal of the facts of the case, the Bench noted that the investigation is being monitored by the Deputy Superintendent of Police appointed for this purpose.

The Bench took note of the fact that despite the investigation proceeding in the right direction under the supervision of the Single Judge, the body of the deceased had not been taken for burial, and protests were continuing. Expressing anguish over this fact, the Bench stated, “In such circumstances, it is not the State or its officials who are preventing the conduct of the last rites. It is for the family members and other concerned persons to proceed with the same. We are therefore of the view that the present writ petition is nothing but a publicity interest litigation and is devoid of merits.”

Dismissing the Petition, the Bench held that the transfer of officials falls within the domain of the Election Commission and the Commission has to take appropriate decisions in accordance with law.

Cause Title: C.Selvakumar v. The Chief Election Commissioner (Case No.: W.P(MD)No.8029 of 2026)

Appearance

Petitioner: Advocate K.Kannan

Respondents: Deputy Solicitor General of India K.Govindarajan, Additional Advocate General M.Ajmal Khan, Additional Government Pleader A. Kannan, Additional Public Prosecutor R.M.Anbunithi, Advocate Niranjan Rajagopal

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