Brief about the Tamil Nadu Police Custody Case

Also known as “Jayaraj and Fennix Case”.

What happens when the people who hold the responsibility of protecting the people turn against them? A recent incident has come to light regarding an incident where brutality by police officers led to the death of a father and son duo who were held in police custody for flouting lock-down rules. This article will discuss the events which took place leading up to the deaths of the victims and the court case which followed.

Brief facts relating to the events leading up to the death of P.Jayaraj and his son while being held in police custody:

• P.Jayaraj (aged 62 years) and his son, J.Fennix (aged 32 years) operated a mobile accessories shop in Tuticorin district of Tamil Nadu.
• On 18^th June P.Jayaraj passes comments with reference to the police force. These comments were in regards to the display of harsh behavior by police officers in their enforcement of lock-down rules during the Corona Virus Pandemic.
• On 19^th June, Police gets the aforementioned information. They consequently reach the shop which Jayaraj and Fennix operate and arrest the father for violation of lock-down rules according to the state.
• Fennix, his son reaches the Police Station and sees the police officers beating his 62-year-old father. He tries to rescue his father; thus, provoking the police officers further. The police officers end up beating both the father and the son so much so that the flesh from the back of their bodies to peel off. Their lungis were covered with blood.
• On 20^th June, i.e., the next morning, both of them are taken to the hospital. They are completely soaked in blood and are in bad shape. Then they meet the Santhkullam Magistrate just three hours after being released from the hospital.
• Magistrate directly remands jail custody to both without any physical examination of the either of the accused.

These events make us question the lack of discipline in implementation of the rights of the citizens by the police force. We must also pay attention to the abuse of power by the police officers in this case. Let us thus examine what the FIR filed by the police pertaining to these events contains.

The FIR which the police filed against the Jayaraj and Fennix is under the following charges:

1. Section 188 of IPC: Disobedience to order duly promulgated by Public Servant.
   • Maximum Punishment: 6 Months Imprisonment
2. Section 353 IPC: Assault or Criminal Force to deter public servant from discharge of his duty.
   • Maximum Punishment: 2 Years Imprisonment
3. Section 269 IPC: Negligent Act likely to spread infection of disease dangerous to life.
   • Maximum Punishment: 6 Months Imprisonment
4. Section 506(2) IPC: Criminal Intimidation
   • Maximum Punishment: 7 Years Imprisonment

But what about the FIR against the police officers? – Till date, no record is available for the same.

Now, just for the sake of the argument, let us consider the FIR containing the mentioned charges against the deceased Jayaraj and Fennix valid. But we have to consider the following points first:

1. Does making comments in regards to the behavior of police officers in the implementation of lock-down wrong? Does it amount to the violation of Section 188 of IPC i.e., disobeying a public servant ? (Charge 1)
2. Attempting to save a 62-year-old man from police brutality is wrong? Does it amount to assault or criminal force?; thus, deterring a police officer from discharging his duty as is given in Section 353 of IPC ?(Charge 2)
3. Does the risk of spreading infection increase after 9 PM according to Tamil Nadu Police which lead to impose Section 269 IPC? ( Charge 3)
4. Can a 62-year-old and 32-year-old man being held under the custody of two sub-inspectors and two police constables and a total of thirteen other people can be beaten up so brutally that the flesh from the back of their bodies gets destroyed and their clothes get soaked in blood? Can they cause Criminal intimidation as given in Section 506 Para 2 of IPC which talks about threatening a person or his property or any other person who the first person is interested in with an intent to cause alarm to that person or to do an act which he is not legally bound to do ? Does stopping illegal police brutality to save a man amounts to Criminal Intimidation? (Charge 4)

And finally coming up to the treatment of the matter by the Magistrate – Was Jail Custody Needed?

Now there are certain questions which follow in our minds. These are:

1. Magistrate failed to even communicate with both accused. He allowed Jail Custody. Does it not amount to conspiracy with the Police which lead to the actual custodial death in the Kovil Patli Jail.
2. If the Magistrate had not ordered Jail Custody; would the father and son still be alive to plead their case?
3. In just two days of Judicial Custody ( 20^th– 22^nd June) what all did the duo suffer from to lead to such brutal deaths?

The story of Jayaraj And Fennix has lead the whole country to question the misuse of power by the Police and their motive of ‘protection’ of citizens. How can we trust the police force to protect their fellow Indians if this the treatment they give to innocents for just criticizing them? And furthermore, if the citizens don’t allegedly abide by the lock-down rules will they face such extreme consequences as is in this case? Has our government failed to create a stable power structure? Does the power in the hands of our system too much and too less in the hands of the people who the system is for?

Thousands of videos have come up after this incident showing extreme torture by the police officers in the name of violation of lock-down rules from across the country but the incident at hand is the worst. It is a shameful act by not just the standards of law enforcement by also humanity.