'Immense Sentimental Value': Chennai Court Allows IPS Officer To Wear Badge, Cap Marked 'Evidence' In Rajiv Gandhi Assassination Case On Retirement Day

IPS officer Prateep V. Philip, who on Thursday retired as Director General of Police, Training, was permitted by a City Civil Court in Chennai to wear on his retirement day, the bloodstained cap and name badge which he had worn while he was on duty when former Indian Prime Minister, Rajiv Gandhi was assassinated at Sriperumpadur.

The IPS officer was serving as the Additional Superintendant of Police, Kandeepuram at the time and had miraculously survived the human bomb blast when Rajiv Gandhi's assassination took place on May 21, 1991. In the aftermath of the blast, he had sustained injuries and his cap and name badge had fallen off. Thereafter, they were collected by the Special Investigation Team (SIT) as part of the evidence from the scene of the crime and had remained in the custody of the trial court since then.

Mr. Phillip went on to receive the Prime Minister's Medal for meritorious service in 2003 and the President's Medal for distinguished service in 2012.

A few days ahead of his retirement, a petition had been moved on behalf of Mr. Prateep before the First Additional Sessions Court seeking to allow him to take possession of the cap and the name badge.

Advocate Sanjay Pinto, counsel for Mr. Prateep informed the Court that the officer wished to wear his name badge and cap on his last day of service as they were of immense sentimental value to him.

The Court was also apprised that the Deputy Superintendent of Police, CBI, SIT, Madras had no objection to the request as long as the items are returned after the petitioner retires.

First Additional Sessions Judge, T Chandrasekharan on September 28 allowed the petition of Mr. Prateep and ordered the return of his cap and name badge for his interim custody on execution of a bond of Rs 1 lakh. The Court ordered that they should be handed over the Court on or before October 28 after the purpose is fulfilled.

"This Court salutes the commendable and impeccable service of the petitioner as responsible police officer and wish him long, peaceful retirement life with all enthusiasm to serve the society as earlier. All is well," the order read.

The blood-stained cap and badge had been marked as exhibits in the criminal case initiated after Rajiv Gandhi was assassinated.

A trial court had pronounced its judgment in the assassination case on Jaunary 28, 1998 and appeals arising out of the trial court verdict had also been decided by the Supreme Court in 1999.

However, it was noted that further investigation was yet to be concluded on certain aspects arising out an Action Taken Report following the final report of the Jain Commissioner of Inquiry. The issue in question is currently being overseen by the Multi-Disciplinary Monitoring Agency (MDMA) of the Central Bureau of Investigation (CBI).

The Court further observed that while Section 452 of the Code of Criminal Procedure permits the return of such personal property at the conclusion of inquiry or trial, the cap and name badge could not be returned to the senior police officer yet even though "at the time of occurrence, the exhibits were undoubtedly belonging to him."

Opining that further investigation in the Rajiv Gandhi assassination case was at a crucial stage, the Court noted that there were execution reports of Letters Rogatory sent to Sri Lanka, United Kingdom and Thailand that were pending execution on certain points with respect to suspects or prospective accused.

Therefore, there was a reasonable likelihood that the cap and name badge sought by the petitioner would be required in future proceedings and their integrity assumed importance, the Court further stated.

The Court, however acknowledged that the exhibits in question were undoubtedly of immense sentimental value and a reminder of the petitioner-officer's call of duty during his formative years.

The cap and badge literally symbolised the officer's blood sweat and tears of his professional career which spanned about 34 years, the Court further noted.

Thus the Court directed,

"In result the petition is allowed by ordering the return of the Petitioner's Cap and Name badge marked as M.O.38 and M.O. 39 in C.C. No. 3/1992 for his interim custody on election of own bond of Rs 1,00,000/- (Rupees One Lakh Only) and on condition that the M.O. 38 and Mo.O.39 should be handed over to the Court on or before 28-10-2021 after the purpose gets served."

Advocates Sanjay Pinto, Akhil Bhansali, Vidya Pinto, Vandhiyathevan Veera and Vishwanathan M appeared for the IPS officer whereas Public Prosecutor Surendra Mohan appeared for the respondent.

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