'All This Happened Because Of One Industrialist': Madras HC Directs TN DVAC To Probe Assets Of Officers Accused In 2018 Thoothukudi Firing

The bench of Justice SS Sundar and Justice N Senthil Kumar commented that the police officials had made the firing with an agenda. The court also remarked that the officials had worked for an “industrialist” who wanted the incidents to happen to send a message to the downtrodden.

“All this happened because one industrialist wanted it to happen. Let us assume that there is a defective charge sheet. Who will benefit from it? If you're filing a defective chargesheet, who will be prosecuted? No one. You people acted only for him,” the court orally remarked.

The court also criticized the report filed by the Central Bureau of Investigation in connection with the investigation. The court commented that while the CBI was acting swiftly in some cases, in recent times it was taking sides and conducting investigations based on the preferences of a “single man”.

“The CBI's report actually worries us. We feel sad. The whole country is dependent on you. We used to appreciate the efforts of some officers. In the Sathankulam incident and all, they acted so swiftly. But now you're taking sides. It has become under the control of a single man. Ultimately, if the head is not bothered about the result of the investigation, the report will not be fair. If the head is concerned, it'll be fair. Some officers may be good,” the court said.

The bench was hearing a plea filed by Executive Director of People's Watch, Henry Tiphagne, seeking directions to the NHRC to reopen the case of killing unarmed protestors. Tiphagne had challenged the NHRC's closure of the suo moto investigation into the matter.

In the previous hearing, the court had orally remarked that grave injustice was done to the people and the police officers responsible for the firing should be prosecuted for murder.

On Monday, Tiphagne pointed out that the CBI had not looked into some crucial aspects of the investigation. Though the CBI counsel defended the investigation, the court questioned how the CBI could have filed a report stating that the firing was not planned and was to manage the law and order situation.

The court commented that for 100 days, the protestors were peacefully gathering and protesting against the Sterlite Copper Plant. The court added that some persons could not digest the fact that the voiceless had gathered to protest and wanted them to teach a lesson and the police had merely acted for these men.

“For 100 days they were protesting peacefully without any issues. But some people could not digest the fact that the people were raising their voices. That's why all this happened. What happened on that day was a planned major violence. Because these people are poor, their voices were silenced. But everyone has to pay their price one day,” the court said.

Thus, stating that the firing was with an agenda, the court asked the TN DVAC to look into the assets of the officers and their family & relatives at the time of the incident and also during 2 year period before and after the incident. The court has directed the DVAC to report within 2 weeks.

Case Title: Henri Tiphagne v National Human Rights Commission and Others

Case No: WP (MD) 10526 of 2021