Summary: The Madurai Bench of Madras High Court has ordered a new investigation in a case involving claims under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The decision, delivered by Justice L. Victoria Gowri, stresses the need for a fair and unbiased investigation.
Pravinkumar, the person who brought the case, filed a complaint against several people, saying they attacked him and his wife and used insulting language about their Scheduled Caste identity. The incident reportedly happened on June 29, 2022, and included damage to property and physical assault.
The investigation was first carried out by the Deputy Superintendent of Police, Thiruverumbur Range. A formal accusation was made against two people, Senthil Kumar and T. Balamurugan, while the names of two others were left out. This led Pravinkumar to ask for a new investigation, claiming the first one was biased and incomplete.
Justice L. Victoria Gowri looked over the case and found that the first investigation wasn't done thoroughly. The court noted:
"The investigation was done in a biased and incomplete way, ignoring important evidence like CCTV footage and eye-witness accounts."
The court criticized the lower court's decision to refuse Pravinkumar's request for a new investigation without proper reasoning.
Pravinkumar argued that leaving out two accused people from the formal accusation was done on purpose. He insisted that CCTV footage and witness statements were not properly considered. The court agreed that these were valid concerns that needed further investigation.
The government's lawyer argued that the investigation was done according to the rules, and independent witnesses were questioned. They suggested that Pravinkumar could file a private complaint, which the court found not enough.
Justice Gowri canceled the previous order and instructed a new investigation to be conducted by a different Deputy Superintendent of Police. The court stressed the importance of a fair investigation, especially in cases involving the SC/ST Act:
"The criminal justice system gets its trustworthiness from the fairness and thoroughness of investigation."
The court's decision emphasizes the need for unbiased investigations in sensitive cases. It highlights the judiciary's role in ensuring justice and procedural fairness, especially when claims involve caste-based wrongdoings.
