The Madurai Bench of the Madras High Court on March 11 directed the Tamil Nadu police to invoke provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and ensure a senior-level investigation into the death of a young man allegedly linked to custodial torture. The court was hearing a writ petition filed by the father of the deceased, seeking registration of a murder case and an independent probe.
Justice L. Victoria Gowri passed the order after examining the records placed before the court and the submissions made by both sides.
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Background of the Case
The petition was filed by A. Rajeshkannan following the death of his son, Akash Delison, aged 26. The family alleged that the young man died due to custodial torture while in police custody. They sought a direction to register a criminal case for murder under relevant provisions of the Bharatiya Nyaya Sanhita along with sections of the SC/ST (Prevention of Atrocities) Act.
During the hearing, the petitioner’s counsel produced the community certificate issued by the Tahsildar confirming that the deceased belonged to the Scheduled Caste community. The counsel argued that the circumstances clearly suggested custodial violence and therefore provisions of the SC/ST Act must be immediately applied.
The petitioner also pointed to the remand report of the Judicial Magistrate, which indicated that the deceased had injuries and had complained of ill-treatment by police personnel.
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State’s Version Before the Court
The State government presented a different sequence of events. According to the prosecution, the deceased and another accused were involved in a violent incident on March 5 in Manamadurai, where two persons were allegedly attacked with swords and sustained injuries.
Based on the complaint of one of the injured persons, the police registered Crime No. 93 of 2026 under several provisions of the Bharatiya Nyaya Sanhita.
The State submitted that during the attempt to arrest the accused near the Melapasalai railway bridge on March 6, Akash Delison allegedly tried to escape and jumped from the bridge, sustaining injuries. He was taken to hospital and later admitted to Government Rajaji Hospital in Madurai for treatment.
The State further informed the court that the accused died on March 8 while undergoing treatment in the hospital’s convict ward.
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Investigation Steps Placed Before Court
The Additional Advocate General told the court that after the death, a case was registered to inquire into the cause of death. Soon after, the Director General of Police transferred the investigation to the Crime Branch–Criminal Investigation Department (CBCID).
Investigators have since examined prison officials, collected hospital records, and inspected the hospital ward where the accused was treated. The police have also sought CCTV footage from the police station and hospitals involved, and forensic experts have been asked to examine the alleged scene where the accused jumped from the bridge.
The post-mortem examination has been conducted and the final opinion is awaited, the State informed the court.
Court’s Observations
After reviewing the records, the High Court noted that the SC/ST (Prevention of Atrocities) Act is a special law meant to prevent atrocities against members of Scheduled Castes and Scheduled Tribes and to ensure speedy investigation and justice.
The court observed that the materials on record - including the community certificate and details contained in the remand report - indicated circumstances that required the application of provisions under the SC/ST Act.
“The criminal justice system in a democratic polity is intended not merely to punish, but fundamentally to secure justice in a citizen-responsive and victim-centric manner,” the bench observed.
The court also noted that under Section 18-A of the SC/ST Act, no preliminary inquiry is required before registering an FIR for offences under the Act.
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Court’s Directions
The High Court directed the Director General of Police to appoint a police officer not below the rank of Deputy Superintendent of Police from the CBCID to take over the investigation in the case. The officer has been asked to include appropriate provisions of the SC/ST (Prevention of Atrocities) Act while proceeding with the investigation.
The court also addressed the issue of protests that had erupted following the death. While acknowledging that peaceful protest is a constitutional right, the bench said demonstrations should not obstruct national highways or cause hardship to the public.
To resolve the situation, the court constituted a Peace Committee of three advocates to hold discussions with protestors and persuade them to shift the protest from the Manamadurai–Rameswaram National Highway to the Manamadurai Old Bus Stand.
The matter has been posted for further monitoring and compliance.
Case Title: A. Rajeshkannan v. The Home Secretary & Others
Case No.: WP (Crl) (MD) No. 1392 of 2026
Decision Date: 11 March 2026
