Plea rejected for encounter probe

The Madras High Court has dismissed a plea seeking CBI probe into an encounter killing of an accused who had murdered two children in Coimbatore. The plea had also sought to register a case of murder against two police personnel involved in the encounter. 

A division bench comprising Justice M Jaichandran and Justice S Nagamuthu dismissed the plea on holding that, “In our considered view, we do not find any material to even remotely infer that an attempt had been made to dilute the investigation.” 

The bench also noting that a CB-CID probe in this regard has already been completed and the report is due for submission before the Judicial Magistrate, said “We do not want to express any opinion regarding the sufficiency or correctness of the investigation done by him, as expressing an opinion may influence the mind the magistrate before whom the final report is going to be filed. 

As per the case on November 8, 2010, the police took custody of Mohanraj and his accomplice arrested in connection with the murder of two children Muskan (10) and Rithik (7). The police took both of them to identify the places where they committed the offence. But when the vehicle was crossing the Vellalore compost yard of the Coimbatore Corporation, Mohanraj allegedly snatched the pistol of SI Jothi and placed it at the head of the head constable -cum-driver Annadurai and ordered him to driver towards Kerala. But when the driver failed to stop, he opened fire in which Jothi sustained an injury in his right arm, while a bullet pierced the stomach of SI Muthumalai. 

Immediately, Muthumalai fired two shots in the head of the accused and Inspector Annadurai opened fire at the chest casing his instant death. Prisoners’ Rights Forum Chennai, who moved the plea contended that whether Anndaurai and Muthumalai had acted in right of private defence and whether they have exceeded the right of a private defence or not are all matters which are to be decided by a court of law and the investigating police officer cannot conclude that they acted in right of private defence and that they did not exceed the said right. 

However, the public prosecutor S Shanmugavelayutham submitted that the State Human Rights Commission after holding an enquiry also concluded that the police officers had acted in right of private defence and there was no violation of human rights.