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'Poor Victims Rarely Get Justice': Madras HC Transfers Probe into 5-Year-Old's School Death
In a poignant ruling that underscores the fragility of justice for the vulnerable, the has ordered the transfer of investigation into the unnatural death of a 5-year-old UKG student inside her school premises. Justice B. Pugalendhi directed the , to hand over the case from local police to a senior, sincere officer—either a Deputy Superintendent of Police or Inspector—to ensure a fair and impartial probe. The decision, delivered on , in , invokes the as integral to Article 21's .
A Child's Lunchbox and Lingering Doubts
The tragedy unfolded on , at a private school in Puliyangudi, Tenkasi district. V. Marisamy's daughter, a UKG student, arrived by school van that morning with a packed lunch. She never returned home. When Marisamy went to collect her around 4:20 p.m., the van driver handed over her bag—with the lunch untouched—and suggested checking with the school.
Rushing there, Marisamy found 20 policemen already on site but was shunted to the school's adjacent multi-specialty hospital. Forcibly entering, he discovered his daughter dead. A postmortem followed at a government hospital, but key questions persisted: Why the untouched lunch, suggesting the incident might have occurred during lunch hour (noon-1 p.m.) rather than the school's claimed 3:55 p.m.? Why no prior notification from the principal or correspondent despite full CCTV coverage?
The school alleged two men in an Innova car (TN 79K0027), friends of the correspondent's son, rashly drove inside and struck the child after overriding the watchman's objections. Marisamy suspected more, citing the school's compensation offer of Rs. 20 lakh (accepted by his father-in-law under pressure) and fears of tampered evidence.
Father's Plea vs. Police Assurances
Marisamy, represented by , sought transfer under from Puliyangudi police to or an independent agency. Key grievances: - Delayed FIR (10:20 p.m., initially against unknowns; accused added next day). - No immediate car seizure despite police presence. - Unshared CCTV from school and hospital. - Principal dodging calls; possible cover-up allowing accused escape.
countered that police swiftly recovered CCTV, identified accused visiting the correspondent's son, confirmed watchman's objection, and filed an alteration report. Yet, the court found these responses inadequate.
From Sacred Duty to Lucrative Trade: Court's Sharp Critique
Justice Pugalendhi dissected the lapses with unflinching clarity. Lamenting education's shift—
"Goddess Saraswati is considered to be a symbol of Education and imparting education was considered to be holy for sometime in this country. Nowadays, it has become a lucrative business"
—he noted the school's hospital ties and failure to inform parents or police promptly.
Police inaction drew fire: Present early via school tip-off, they delayed FIR, didn't name accused, seize vehicle, or check for intoxication.
"The school management could have easily provided details about the vehicle... They have intentionally suppressed the information."
The watchman's objection made escape implausible without management complicity.
No precedents were cited, but the ruling roots in constitutional ethos: fair investigation as Article 21's mandate. The court rejected full transfer but mandated oversight, hoping diligence restores faith.
Key Observations
"Normally, in this system poor victims rarely get justice. Considering the manner in which the FIR has been registered belatedly... this court is of the view that this is a fit case for transfer of investigation."
"The victims have awhich is a part of theguaranteed under."
"When the power of investigation vests with the State, then this power has to be discharged with diligence and it is a solemn responsibility of the State..."
"It is highly unbelievable that the accused were allowed to escape from the school campus after the occurrence."
Justice's Roadmap Forward
The SP must entrust Crime No. 134/2026 to a senior officer for: - Sharing CCTV with Marisamy. - Pinpointing occurrence time via staff, students, watchman. - Regular updates with postmortem report.
The petition is disposed, but Marisamy can return if lapses persist. This ruling signals judicial vigilance against institutional inertia, potentially emboldening parents in school mishaps and reinforcing that fair probes aren't privileges but rights—especially for the "poor victims" the system often overlooks.
As media reports echo, the bench's words resonate: In a system where justice tilts against the weak, courts must intervene to level the field.
