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High Court of Judicature at Madras
R. BANUMATHI, P.R. SHIVAKUMAR & S. NAGAMUTHU, JJ.
R. Sankarasubbu
Versus
The Commissioner Of Police Egmore Chennai & Others
M.P.Nos.1 of 2011 and 1 and 4 of 2012 in H.C.P.No.643 of 2011
Decided on : 07-12-2012
HABEAS CORPUS - FACT OF THE CASE - ADVOCATE'S SON FOUND DEAD - CBI INVESTIGATION - FINDING OF THE COURT - SUICIDE OR HOMICIDE - ISSUES - INVESTIGATION NOT THOROUGH - FURTHER INVESTIGATION BY SPECIAL TEAM - RATIO DECIDENDI - CBI INVESTIGATION NOT SATISFACTORY - FINAL DECISION - SPECIAL INVESTIGATION TEAM APPOINTED.
Fact of the Case:
The petitioner's son, an advocate, was found dead in a lake. The police initially registered a case of 'Man Missing' but later altered it to 'Murder' based on the opinion of forensic experts. The case was transferred to the CBI, which concluded that the deceased had committed suicide. The petitioner and various Bar Associations were not satisfied with the CBI's investigation and sought further investigation.
Finding of the Court:
The Court found that the CBI's investigation was not thorough and that the conclusion that the deceased had committed suicide was not supported by the facts and circumstances. The Court also found that the possibility of homicide had not been ruled out.
Issues: 1. Whether the CBI's investigation was thorough and satisfactory. 2. Whether the conclusion that the deceased had committed suicide was supported by the facts and circumstances. 3. Whether the possibility of homicide had been ruled out.
Ratio Decidendi: The Court held that the CBI's investigation was not thorough and that the conclusion that the deceased had committed suicide was not supported by the facts and circumstances. The Court also held that the possibility of homicide had not been ruled out. Therefore, the Court appointed a Special Investigation Team (SIT) to further investigate the case.
Final Decision: The Court appointed a Special Investigation Team (SIT) to further investigate the case.
S. NAGAMUTHU, J.
The petitioner - Mr. R. Sankarasubbu is a practising lawyer and a leading member of "The Madras High Court Advocates Association". His son Mr. S. Sathishkumar, aged 24 years, was also a practising lawyer in the Madras High Court. Mr. R. Sankarasubbu [hereinafter referred to as "the petitioner"] filed the present Habeas Corpus Petition on 10.06.2011, alleging that his son S. Sathishkumar, [hereinafter referred to as the deceased"], came to the High Court along with him on 07.06.2011 and then returned home. Around 9.00 pm. on 07.06.2011, according to the petitioner, the deceased left his house in Anna Nagar, Chennai, in his motor cycle bearing Registration No.TN-02-AQ-6869 along with his cell-phone [bearing No.98846 26124], informing the inmates that he was going out for dinner. Thereafter, he did not return. He further alleges that he went in search of the deceased, but, could not find him anywhere. Therefore, he claims that around 01.00 a.m. on 08.06.2011, he made an oral complaint to the Inspector of Police, Thirumangalam Police Station. On the same day, at 09.00 a.m., he made a written complaint to the 2nd respondent/The Inspector of Police, Thirumangalam Police Station, upon which, a case was registered in Crime No.926 of 2011 for "Man Missing". The petitioner further claims that on 09.06.2011, he met the Commissioner of Police at 01.00 p.m. and made a request to him to trace out the deceased. Thereafter, according to him, at 2.00 p.m. the motor cycle of his son and the cell-phone were found in ICF North Colony Lake Area. But, the deceased could not be traced out. The petitioner further claims that at that stage, he suspected foul play in respect of the life of the deceased. With these allegations, he filed the said Habeas Corpus Petition seeking a direction for the production of the son of the petitioner before this Court and to set him at liberty.
2. The said Habeas Corpus Petition came up before a Division Bench, consisting of Hon'ble Mr. Justice C. Nagappan and Hon'ble Mr. Justice P.R. Shivakumar [one of the members of the present Full Bench], on 10.06.2011. On that day, the Division Bench passed an interim order directing the Commissioner of Police, Chennai, to form a special team immediately for tracing out Mr. S. Sathishkumar with a further direction to the said team to be formed to take all efforts by requisitioning the services of the Fire and Rescue Service personnel and other services for tracing the deceased. The petition was ordered to be adjourned to 13.06.2011.
3. When the petition came up for hearing before the Division Bench on 13.06.2011, on the request of the learned Additional Public Prosecutor representing the State, the same was adjourned to 16.06.2011. On the same day, i.e., 13.06.2011, at about 4.00 p.m. the dead body of the petitioners son was found floating in the lake near ICF Railway Police Station out-post. Therefore, the case was altered into one under Section 174 of the Code of Criminal Procedure. The body was taken out of the lake and kept in the mortuary attached to the Government Kilpauk Medical College Hospital, Chennai. But, post-mortem was not conducted either on 13.06.2011 or on 14.06.2011.
4. Meanwhile, the petitioner filed M.P.No.1 of 2011 seeking a direction for conducting autopsy by a team of Doctors consisting of Forensic Experts. He had also filed M.P.No.2 of 2011 seeking transfer of investigation of the case to the Central Bureau of Investigation. M.P.No.1 of 2011 was heard by the Division Bench on 14.06.2011 and in the said miscellaneous petition, the Division Bench directed constitution of a special team of Doctors to conduct autopsy and to file a copy of the autopsy report before the Division Bench.
5. Accordingly, a special team of Forensic Medicine Experts (1) Capt. Dr. B. Santhakumar, Director and Professor of Forensic Medicine, Institute of Forensic Medicine, Madras Medical College, Chennai; (2) Dr. V. Murugesan, Professor & Head, Department o
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