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2022 Supreme(Mad) 766

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Petitioner
Versus
Respondent
W.P. No. 18455 of 2022 & W.M.P. No. 17800 of 2022
Decided on : 18-07-2022

The judgment underscores the importance of proper investigation, curbing of violent protests, and addressing the spread of false news through social media. It also highlights the significance of conducting thorough repostmortems and the role of appointed experts in such processes.

Headnote:

Writ Petition - Investigation Transfer - CBCID - Postmortem - Video Graphed - Whatsapp Groups - False News - Youtube Channels - Circular - Repostmortem - Team of Doctors - Video Graphed - Funeral

Fact of the Case:

The Writ Petition seeks to transfer the investigation of a crime and requests a repostmortem of a deceased student. A violent protest erupted, leading to property damage and injuries to police personnel.

Finding of the Court:

The Court directed the formation of special teams to identify and bring the violators before the Court of law. It emphasized the need for proper investigation and curbing of violent protests. The Court ordered a repostmortem with a team of appointed Doctors and video graphing, and directed the police to file a status report on the action taken against the accused.

Issues: Transfer of investigation, violent protest, proper investigation, curbing of protests, repostmortem, identification of violators, false news spread through social media, parallel media trial, funeral arrangements, and action against the accused.

Ratio Decidendi: The Court emphasized the need for proper investigation and curbing of violent protests, highlighting the role of social media in spreading false news and inciting riots. It also stressed the importance of conducting a thorough repostmortem with appointed Doctors and video graphing.

Final Decision: The Court directed the transfer of investigation to CBCID, ordered a repostmortem with appointed Doctors and video graphing, and instructed the police to file a status report on the action taken against the accused. It also made arrangements for the peaceful conduct of the funeral.

JUDGMENT :

1. This Writ Petition has been filed seeking for a direction to the first respondent to transfer the investigation in Crime No.25 of 2022 pending on the file of the fourth respondent to CBCID, Villupuram and also seeking repostmortem of the body of the girl, who studied in the Sakthi Matriculation school at Kallakurichi.

2. After filing this application before this Court, on 17.07.2022, there was a huge protest, which led to ransacking of the entire school building and also torching of about 50 vehicles, including the police officials' vehicles. Many police personnel were also injured. On seeing the live telecast of the entire incident from various television channels, this Court is of the firm opinion that such a violent protest that erupted yesterday was not mere eruption of sudden provocation, rather, it appears to be a motivated, planned and calculated. There is some force behind it, such incident shook the entire State and the situation also led to show as if the State is lawless. Therefore, it is the duty of the police to conduct proper investigation and book all the culprits. Since the video footages are very much available, identifications of all the accused is not a difficult task for the police.

3. The Director General of Police, Chennai is directed to form a special teams in this regard to identify all the violators, who are captured very well in all the video footages and bring them before the Court of law. This Court also cannot lose sight to the recent tendency/development in the state of Tamil Nadu. Whenever any unnatural death of a student occurred in any educational institutions, immediately, there is a group to protest, and force the police to succumb to such pressure, which leads to unnecessary arrest, even without proper investigation being done. Such things are recent trend not only in the unnatural death of the students in the educational institutions but also in the death of the patients in the hospitals.

4. This Court is of the firm opinion that in every protest, there is some group behind it and it has to be properly investigated. Unless such things are curbed and the perpetrators are brought before the Court of law, the situation will lead to show as if the State is lawless. Therefore, it is the responsibility of the State Government and police to restore the glory of a Police forces and the investigating agencies to properly identify the violators. Yesterday's incident not only led to ransacking the building but also of certificates and original documents of nearly 4,500 other students, which is in fact shocked the conscious of citizen of this country and it has to be probed properly.

5. Therefore, this Court is of the view that hereafter, whenever any such unnatural death is reported in educational institutions, in respect of any student, investigation has to be conducted by the CBCID and the postmortem should be conducted with a team of three Doctors and such postmortem should be video graphed. Proper enquiry also to be conducted by Education Department only thereafter police should resort arrest of persons. This direction should be followed scrupulously. The investigating agency is further directed to identify the persons, who have formed whatsapp groups and spread false news, which resulted in such rioting situation, and take action as per law. Besides that, unnecessary parallel investigation being conducted in the Youtube channels should also be blocked, by taking severe action, when the matter is seized by the investigating agency or by the Court.

6. Therefore, there will be a direction to the Director General of Police, Chennai to issue circular in this regard and take appropriate action to identify the Youtubers, who had spread false news and conducted parallel media trial in the Youtube.

7. With the above directions, the respondent is also directed to file a status report before this Court on the next date of hearing as to the nature of investigation conducted in identifying the perpetra

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