[Jayaraj-Bennix Custodial Deaths] Prima Facie Material For Murder Case Under 302 IPC Against Sathankulam Police : Madras HC

first_imgNews Updates[Jayaraj-Bennix Custodial Deaths] Prima Facie Material For Murder Case Under 302 IPC Against Sathankulam Police : Madras HC Mehal Jain30 Jun 2020 4:48 AMShare This – xTaking note of the ante-mortem injuries found on the bodies of Jayaraj and Bennix, coupled with the averments in the report of the Judicial Magistrate No.1, Kovilpatti, especially the statement of Revathy, Head Constable, Sathankulam Police Station, who spilled the beans on the delinquent police personnel, the Madras High Court on Tuesday expressed the view that this “would be prima facie…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginTaking note of the ante-mortem injuries found on the bodies of Jayaraj and Bennix, coupled with the averments in the report of the Judicial Magistrate No.1, Kovilpatti, especially the statement of Revathy, Head Constable, Sathankulam Police Station, who spilled the beans on the delinquent police personnel, the Madras High Court on Tuesday expressed the view that this “would be prima facie enough to alter the case to one under Section 302 IPC against the Sathankulam policemen who were actively involved in the investigation of the case (against the father-son duo)”.The Court observed that the Sathankulam police was trying to destroy the evidence related to custodial deaths of Jayaraj and Bennix, and ordered the Deputy Superintendent of Police, CB-CID, Tamil Nadu Police to take charge of the probe. “The Sathankulam police are taking advantage of the fact that the investigation of the case is in limbo and are attempting to cause disappearance of evidence”, observed a bench comprising Justices P N Prakash and B Pugalendhi. The division bench expressed its shock that “In fact, they(police) were emboldened enough to even intimidate the judicial officer to put spokes in the wheel of his enquiry”. The Court action was based on the report by the Judicial Magistrate, Kovilpatti who is conducting the enquiry under Section 176(1)(1-A) Cr.P.C against Thoothukudi ASP D Kumar, DySP C Prathapan and police constable Mahajan. The delinquent officials were ordered to be present in Court on Tuesday, following a suo moto contempt action. In this regard, the court deemed it to be in the interests of justice to have the statement of Revathy, Head Constable, recorded under Section 164 Cr.P.C. by a Judicial Magistrate, other than the Judicial Magistrate No.1, Kovilpatti and Judicial Magistrate, Sathankualm. Meanwhile, the District Collector, Tuticorin, is directed to immediately ensure the safety of Revathy and her family members- “She may even be granted leave from duty as we fear that there will be attempt to intimidate her and make her resile from her version given to the Judicial Magistrate No.I, Kovilpatti”. The HC, Madurai Bench on Monday initiated suo moto contempt proceedings against three police officers for obstructing the HC-ordered inquiry by Judicial Magistrate into the horrific custodial deaths of Jayaraj and Bennix in Sathankulam town in Tamil Nadu.”In the said report, the learned Judicial Magistrate No.I, Kovilpatti, has stated that he has recorded the statement of Revathy, Head Constable, attached to Sathankulam Police Station, who, spilled the beans. The report also disclosed the concerted efforts of the Sathankulam policemen, including D. Kumar, Addl. Superintendent of Police, Tuticorin, C. Prathapan, Deputy Superintendent of Police, Sathankulam Sub Division and Maharajan, (PC 1744) attached to Sathankulam Police Station, to scuttle the enquiry”, the bench noted. In the circumstances of the case, the bench appointed one Mr. Anil Kumar, who is presently the Deputy Superintendent of Police, CB-CID, Tirunelveli, and who was previously in the Special Branch, C.I.D., as the Investigating Officer. The Court ordered that he shall forthwith take charge of the investigation in the case and proceed further without waiting for any formal order from the Director General of Police, Chennai, and that the Superintendent of Police, CB-CID, Tirunelveli, shall monitor the investigation. “We fervently hope that Mr. Anil Kumar, D.S.P., will have before his mind’s eye, the river of tears flowing from the eyes of the family of the two deceased and take up the investigation of the case in all earnestness for wiping their tears”, the bench expressed its hope, adding that “He should also bear in mind that we are closely monitoring the case”. Taking note of the “sordid turn of events”, as evidenced in the report of the Judicial Magistrate No.1, Kovilpatti and the preliminary post-mortem reports, the bench required the relevant case diaries to be immediately handed over to the IO so appointed, besides requiring the Judicial Magistrate No.I, Kovilpatti, on completion of his enquiry,to furnish the original report also to him. The Court observed that in a case of physical violence, alacrity in investigation is the need of the hour. “We are aware of the legal position that in the name of monitoring the case, we have no authority to direct the manner in which the investigation should be carried on. However, on account of the stalemate that has occasioned in the investigation due to the request made by the State Government for C.B.I. investigation, we are constrained to step in and fill up the vacuum in order to ensure that precious evidence does not get dissipated”, observed the bench. The bench was of the view that if they do not act now, it will become too late, for, the consent of the State Government should be accepted by the Central Government and only thereafter, can the C.B.I take up the case on its file. Further, it was alive to the facts that “The C.B.I. does not have an office in Tuticorin or Tirunelveli but only at Madurai, that The C.B.I. is essentially an organisation equipped to deal effectively with corruption and white- collar offences, that In the present lock down situation owing to COVID- 19 pandemic, it is not known how many C.B.I. personnel will be drafted from other wings and made available to assist the Investigating Officer, that The Investigating Officer should get acclimatised with the local terrain, and that On the flip side, the C.B.I. does not even have a Special Public Prosecutor in the Madurai Bench to appear in bail and anticipatory bail applications that may soon follow suit”. The court stated that all this will enure to the advantage of the actual perpetrators of the offence.In parting, the Court also observed :”One may wonder as to why it took this long for this Court to make the above observations. Public indignation cannot be the barometer for judicial orders. Public memory is short, but, judicial orders, especially those of the High Court, which is a Court of record, live for ever. Pontius Pilate, the Roman Governor committed the blunder of condemning Jesus Christ to death based on public outcry in a sham trial that was held before dawn and thereafter, washed his hands off with water. We cannot afford to emulate him. Hitherto, in the absence of credible materials, we were handicapped and now that, we have at hand some prima facie incriminatory materials, we decided to fill the gap via our above observations”.Click Here To Download Order[Read Order]  Next Storylast_img read more

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The three main priorities on Mikel Arteta’s Arsenal to-do list

first_img Arteta’s philosophy is almost inseparable from Guardiola, yet it took two summers and £200m on centre-backs to make his defence title-ready. Stylistically he looks to dominate, press high and push up: the further the opposition are away from your goal, the harder it is to score. But it is instances when Arsenal have played a high line, and when players must take individual ownership of defending space and winning their one-on-one duels, that they have looked most ragged. Ewan RobertsWednesday 18 Dec 2019 7:00 amShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link4.1kShares The novice Spanish manager faces a daunting task at the Emirates (Picture: Getty)With Freddie Ljungberg having failed to steady the increasingly turbulent Arsenal ship, the Gunners’ hierarchy have turned to another familiar face to try and resurrect their season. Former skipper Mikel Arteta – who was overlooked for the role when Arsene Wenger departed – is set to return to his old stomping ground after serving a three-and-a-half year apprenticeship at Manchester City. Now he must step out from Pep Guardiola’s enormous shadow.The task awaiting Arteta is no less gargantuan, with the Gunners having won just once in their last 14 matches in all competitions – and even that was only secured thanks to nine frantic minutes against West Ham that belied the lethargic and lacklustre play that had preceded it. On and off the pitch, Arteta has a plethora of issues to address but, in the middle of the packed Christmas fixture list, very little time to deal with them.AdvertisementAdvertisementWith just a few days until the Gunners take on Everton – another of Arteta’s old teams, just to add to the narrative – the Spaniard is facing a real baptism of fire at his new club…His coaching team What Arteta must do, immediately, is settle on an XI. Right now the players feel muddled and confused, a group of individuals rather than a team. Down the road at Tottenham, Mourinho named the side’s first unchanged team since March 2017 when they visited Molineux and secured a massive victory. Familiarity, structure, clarity, it is all hugely important. And it’s all been missing at the Emirates.The fans need it too, a sign that somebody knows what they’re doing; somebody has a plan. A former club captain, a player who understands the DNA created under Wenger as well what is required to win back-to-back Premier League titles. Get the fans up off their seats, thrill them with ferocious defending as well as incisive attacking, and get the Emirates rocking again. Over to you, Mikel.Will Mikel Arteta be a success at Arsenal?No0%Yes0%Share your resultsShare your resultsTweet your resultsMORE: Mikel Arteta gets front row seat to the Arsenal horror show awaiting himAdvertisementMORE: Pep Guardiola opens the door to Mikel Arteta taking Arsenal job after Manchester City victoryMore: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man City Arsenal’s current setup is light on coaches and short on experience (Picture: Getty)‘If you look at the person who was here before, he had a lot of staff and maybe I don’t have so many. So if you keep on going like that for months and months, it’s not so easy,’ explained the Swede. ‘I have Per but at the same time he is academy manager but he is helping me with coaching.’Arteta will not be taking any of City’s staff with him – not with the champions having been so angered by the way Arsenal moved for their assistant – while so many of the experienced heads left behind by Wenger, such as Steve Bould and Jens Lehmann, have been culled. Getting his backroom team just right, finding the ideal blend of expertise and stylistic fit, will be one of his key first decisions. Most managers experience an element of trial and error when cultivating the necessary trust and harmony from an inner circle, but Arteta will have to hope he and his staff click from the off.The defence Arsenal fans have voiced their displeasure with both the team and the board (Picture: Getty)Even after almost a year-and-a-half in the job, Unai Emery had little concept on what his best XI actually looked like and interim boss Ljungberg has fared little better in his five games in charge. Striking the right balance in the team eluded both men, even after the latter had restored the exiled Mesut Ozil and reinstated Lucas Torreira to his natural position as a holding midfielder.Arsenal’s youngsters, meanwhile, have shown the most promise – rare bright sparks in otherwise dreary matches – and Gabriel Martinelli’s performances against West Ham and Manchester City validated Ljungberg’s decision to start him. Equally, it feels hard to justify leaving £48m man Alexandre Lacazette on the bench in both games, even if the Swede feels the side are more solid with only one of their star strikers on the pitch. Arsenal have been giving up more goals and shots than in Wenger’s final season (Picture: AP)In most mid-season rescue jobs, the manager parachuted in has a very specific profile, and very specific formula, for arresting the slide: think Roy Hodgson or Sam Allardyce spending hours on the training pitch repeatedly drilling the defence, working on tightening the space between the back-line and midfield. But Arsenal’s position is rather more curious than what we’ve seen before.AdvertisementAdvertisementDespite the state of chaos that envelops the club, and a run of form that has had some fans even fearing relegation, they are actually only seven points adrift of the top four. This season is no write-off; they have an abundance of firepower up top, but just lack a solid, dependable platform. Two clean sheets in 17 Premier League matches is the joint-worst in the division, though even that miserable record owes overwhelmingly to the reflexes of one of the league’s best goalkeepers. Strange, then, that Arsenal’s hierarchy have plumped for a project manager noted for his attacking coaching.Most shots conceded per Premier League match 2019/201. Aston Villa18.402. Norwich16.603. Arsenal16.404. Bournemouth15.40 Share Commentcenter_img Ljungberg on Aubameyang and Lacazette ‘We looked vulnerable defensively. But of course, they are both great players, that’s why I wanted them both on the pitch, but we became very vulnerable defensively. So we took the route against West Ham where we changed it and played one of them and then had more defensive organisation.’ There’s a stark contrast between City’s defence with and without £57m Aymeric Laporte (Getty)Any scenario that has David Luiz high up the pitch or exposes Sokratis to a foot race is something that should be avoided and this Arsenal back-line – as well as the passive midfielders meant to shield them – feels entirely unsuited to playing the way City do and the way Arteta wants to.City themselves have often had a vulnerable, makeshift backline and protect it by making tactical fouls early in transition and high up the pitch. Ljungberg noted it after Sunday’s game, admitting Arsenal needed to be more ‘cynical’ and street-wise like their opponents. For Arteta, striking the right balance between his own attacking principles and the limitations of Arsenal’s defence will be paramount, as well as introducing some more ugly elements to the beautiful football he advocates.AdvertisementUnite the team… and the fans The three main priorities on Mikel Arteta’s Arsenal to-do list Advertisement Advertisement Arteta was praised for the one-to-one work he did to help Raheem Sterling (Picture: GettyIt is very rare for a new manager to be given a job as difficult and tumultuous as the one that awaits Arteta at Arsenal. Usually a new project begins in the summer, with months to adapt to the new job, build a coaching staff and install a philosophy during the off-season. In the other half of north London, Jose Mourinho spent his time out of the game adapting and learning, poaching two coaches from Lille to join an already well established backroom team.ADVERTISEMENTBut time – the one thing Arteta will need most – is precisely what he is lacking. The most pressing concern he will have, and which will be preoccupying him right now, is the coaching staff he assembles. Freddie Ljungberg has been forced to work with a skeleton staff since Unai Emery’s departure, leaning on Per Mertesacker and even talking through ideas with technical director Edu.last_img read more

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