The Saga of Hope – Guruvammal

Guruvammal

On the night of September 27th, I was asked to accompany my colleagues to meet a grandmother named Guruvammal to update her about the case. I was astonished to find her sleeping alone in a cowshed, adjacent to a running sewage line. The moment we called her, she woke up to meet us. Her wrinkled skin told the tale of her sacrifices, yet her voice was firm and her movements were full of determination. She takes care of a few cows and earns Rs. 100 per day to meet her daily needs. Her generosity was boundless, as she was eager to offer us something to drink, even at that late hour. That generosity shines like a star.

The Tragedy of a Fake Encounter

Before 2010, she worked as a casual labourer in a rice mill and lived with her married daughter. On the fateful day of February 14, 2010, six policemen in plain clothes entered her home, assaulting her while demanding information about the whereabouts of her son, Murugan, also known as Kallumandaiyan, who was then 26 years old. Along with her, her sister’s son, daughter, son-in-law, and grandson were forcibly taken in a police vehicle to the office of the Assistant Commissioner of Police, Mr. S.Velladurai, where they were assaulted and tortured during interrogation. Upon hearing about the arrest of his entire family and Murugan surrendered to the police, and the others were released at the South Gate Police Station.

However, on February 16, 2010, at approximately 12:30 p.m., a special police team led by Assistant Commissioner of Police, Mr.S. Velladurai shot and killed Murugan and another individual named Kaviarasu on the outskirts of Madurai city.

When Murugan’s mother, Guruvammal, learned that her only son had been killed in a fake encounter (an extrajudicial killing), she attempted to file an FIR, but the police refused to entertain the same. On February 17th, she insisted that an FIR be registered against the Assistant Commissioner of Police Mr. S. Velladurai, Sub-Inspector Mr. Thennarasu, and Head Constable Mr. Ganesan, who were responsible for the killing of Murugan and Kaviarasu near the checkpoint on New Ramanad Road within Theppakulam.

Upon hearing of this tragedy, People’s Watch, an organization committed to being the voice of the voiceless and the protector of the vulnerable, intervened. Adv. Henri Tiphagne, representing the petitioner (Guruvammal) filed a complaint with the RDO Madurai on February 16, 2010, seeking adherence to the National Human Rights Commission [NHRC] guidelines. Complaints were also sent to the Chairperson of the State Human Rights Commission [SHRC], the Director General of Police [DGP], the Chief Secretary, the Home Secretary, the Inspector General, the Deputy Inspector General, the Commissioner of Madurai City, the District Collector, and the Inspector of Police.

The prayer in the writ petition was to issue directives to the Inspector of Police to register a First Information Report against the police personnel involved and to request that the Commissioner of Police entrust the investigation to an independent agency, such as the Central Bureau of Investigation (CBI).

The Desperate, Lengthy Journey towards justice

  • The Revenue Divisional Officer, [RDO] Madurai conducted an inquiry and finalized his report on March 31, 2010, stating that the shots were fired solely in self-defense to save his life, not as an act of revenge to eliminate the rowdies.
  • The RDO’s report was forwarded by the District Collector of Madurai on June 8, 2010. However, due to shortcomings, contradictions, and a lack of clarity, the Government of Tamil Nadu issued a Government Order (G.O.), based on which the DGP Tamil Nadu transferred the case to the Madurai City Crime Branch Crime Investigation Department [CBCID] for further investigation.
  • The CB-CID, after conducting its investigation, closed the case, stating that Mr.S. Velladurai had fired in self-defense to protect the lives of two police officers and himself from a brutal attack by the deceased individuals. It was concluded that the family members of the deceased were not tortured by the police and that the allegations made were wilful and false.
  • The government accepted the CB-CID’s report and decided to drop any further action in the case.
  • In February 2022, Guruvammal filed a protest petition against the closure of the case before the jurisdictional Judicial Magistrate, and this petition is still pending for the past more than two and half years.

In every case of extra judicial killing, a First Information Report (FIR) must be registered, and the jurisdictional Magistrate shall thereafter hold an inquiry under Section 176(1A) of the Code. In the case of Guruvammal, only a Community Service Register (CSR) was recorded, which was not reduced to an FIR. This was intentionally and wilfully done under the assumption that, being elderly and vulnerable, the mother would not pursue the case.

It is also important to state that her complaint before the SHRC was heard and she was ordered a compensation of Rs. 3, 00,000 which was also paid to her in which proceedings she had the opportunity of a long cross examination of Mr.S. Velladurai and where he accepted that he had committed 10 extra-judicial killings in his career. It is pertinent to note that Mr.S. Velladurai was placed under suspension a day before his retirement and on the date of his retirement the same was withdrawn.

Ray of Hope

On September 27th, before the Madurai Bench of the Madras High Court, the Honorable Mr. Justice D. Bharatha Chakravarthy ordered that:

  • In this case, both officers who conducted the investigation were of a lower rank than the officer against whom the investigation was initiated, namely, Velladurai, who was already an Assistant Commissioner of Police at that time.
  • Therefore, due to these inherent and basic flaws, the entire investigation conducted, along with the re-registered case and the consequential final report filed, is illegal and must be set aside.
  • A fresh investigation must be commenced. An inquiry must be conducted by the Judicial Magistrate, and the investigation must be led by an officer of the CB-CID who holds a rank above that of Mr. Velladurai, specifically at the level of Superintendent of Police or higher. This investigation shall be completed within six months.
  • There is a crucial purpose for conducting a thorough investigation in such matters: to re-establish faith in the rule of law and to ensure that the incident is not merely an extrajudicial killing or the eradication of a criminal through gunfire.

After 14 years of her unwavering journey alongside People’s Watch and her trust in the slow process of the judicial system, Guruvammal stands as a symbol of courage, hard work, and perseverance. She faced each storm with her head held high. Though the trials were numerous and the battles long, her heart remained steadfast, and her spirit strong. Her path was marked by sweat and strain, yet she never yielded to pain. She is a beacon of strength beneath the sky.


Note: The judgment in the case can be accessed on the official website of the Hon’ble Madras High Court under Case No. Crl.O.P. (MD) No. 1896 of 2010. It has also been published in the online legal journal LiveLaw (2024 LiveLaw (Mad) 366). You can view the judgment via the following link: Despite Tamil Nadu Being A Better Law Enforcing State, There’s An Increasing Trend Of Police Encounters: Madras High Court.

Vanaja Jasphine, Advocate, Madurai.

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