Public Interest Litigations must demonstrate merit, not serve publicity; the responsibility for last rites lies with the deceased's family.

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present writ petition seeking a direction to the 9^th respondent to secure and arrest the accused police personnel forthwith under the provisions of the SC/ST (Prevention of Atrocities) Act, 1989, and to hand over the body of the deceased, namely Aakash, to his family for performing the last rites with dignity and adequate protection. The petitioner also seeks a direction to respondents 1 and 2 to effect transfer of police personnel in Sivagangai District and to deploy officers from other districts to ensure impartiality and the conduct of free and fair elections, based on the petitioner’s representation dated 22.03.2026.

2.Mr. Niranjan Rajagopal, learned counsel, accepts notice for the first respondent; Mr.K.Govindarajan, learned Deputy Solicitor General of India, accepts notice for respondents 3 and 4; Mr.M.Ajmal Khan, learned Additional Advocate General, accepts notice for respondents 5 and 8; and Mr. R. M. Anbunithi, learned Additional Public Prosecutor, accepts notice for respondents 5 and 8.

3.The present writ petition, styled as a ‘Public Interest Litigation’, has been 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 this Court, a case has been registered and transferred to the CB-CID, Tamil Nadu, and offences under the SC/ST (Prevention of Atrocities) Act, 1989 have also been invoked.

4.It is the grievance of the petitioner that, despite the seriousness of the allegations, no arrest has been made and the investigation is proceeding in a sluggish manner, thereby causing prejudice to the victim’s family. It is further stated that the family has been unable to perform the last rites, allegedly infringing their rights under Article 21 of the Constitution of India, and that the situation has led to tension in the locality, warranting intervention of this Court.

5.Heard the learned counsel appearing on either side and perused the materials available on record.

6.The present Public Interest Litigation has been filed seeking, inter alia, transfer of all police officers on the allegation of caste bias and for a direction to arrest the accused police personnel under the SC/ST Act. The petitioner, claiming to be a social activist, has filed this writ petition in respect of the alleged custodial death of one Aakash.

7.It is brought to our notice by the learned Additional Advocate General that one A.Rajeshkannan had earlier filed a writ petition in W.P.(Crl.)(MD) No.1392 of 2026 before the learned Single Judge, who has been seized of the matter from as early as 09.03.2026. Various directions have been issued, and the investigation is being monitored by the learned Single Judge. The final order is yet to be pronounced. It is further submitted that necessary provisions of law, including those under the SC/ST Act, have been incorporated in the FIR, and the learned Judicial Magistrate has also conducted an inquest under Section 196 of the BNS.

8.In the above circumstances, the investigation is presently being monitored by the Deputy Superintendent of Police appointed for this purpose. At this stage, the present Public Interest Litigation has been filed seeking various reliefs, including transfer of police personnel and arrest of the accused.

9.The manner in which the present petition has been filed clearly indicates that it has been instituted for extraneous reasons. The represen