The Madras High Court (Madurai Bench) has asserted that a petition styled as a Public Interest Litigation is liable to be dismissed as a ‘publicity interest litigation’ devoid of merits when it is instituted for extraneous reasons and when a parallel investigation is already being monitored by the Court. It held that providing a decent burial is a fundamental right under Article 21 of the Constitution of India, and using a dead body as a means of protest for days together is deprecated when the State or its officials are not preventing the conduct of the last rites.
Insofar as the transfer of officials is concerned, it is within the domain of the Election Commission to take appropriate decisions in accordance with law, and the Court will not issue a Mandamus for the same in a publicity interest litigation, added the Court.
A Single Judge Bench of Justice N. Sathish Kumar observed that the investigation is presently being monitored by the Deputy Superintendent of Police appointed for this purpose, and the Single Judge is supervising the investigation which is proceeding in the right direction. The Bench noted that the manner in which the present petition has been filed clearly indicates that it has been instituted for extraneous reasons.
The Bench expressed its anguish that despite the investigation proceeding in the right direction, the body of the deceased has not been taken for burial, protests are continuing, and the dead body is being used as a means of protest for days together. The Bench observed that providing a decent burial is also part of the fundamental right under Article 21 of the Constitution of India.
The Bench categorically stated that it is not the State or its officials who are preventing the conduct of the last rites; rather, it is for the family members and other concerned persons to proceed with the same. Hence, it dismissed the petition, holding that it is nothing but a publicity interest litigation and is devoid of merits.
Briefly, the petition, styled as a ‘Public Interest Litigation’, was filed canvassing the death of a 26-year-old Scheduled Caste youth, namely Aakash, from Krishnarayapuram Village, Sivagangai District, who allegedly died due to custodial torture while in judicial custody. The petitioner prayed for a Writ of Mandamus directing the 9th respondent (Superintendent of Police, CB-CID) to secure and arrest the accused police personnel forthwith under the provisions of the SC/ST (Prevention of Atrocities) Act, 1989.
The petitioner also sought directions to hand over the body of the deceased to the family for performing the last rites with dignity and adequate protection. The petitioner further sought directions to the 1st and 2nd respondents (Chief Election Commissioner and State Election Commissioner) to ensure the transfer of police personnel in Sivagangai District and deploy officers from other Districts to ensure impartiality and free and fair elections.
Pursuant to the directions of the Court, a case had already been registered and transferred to the CB-CID, Tamil Nadu, and offences under the SC/ST (Prevention of Atrocities) Act, 1989 had been invoked. Another writ had earlier been filed by one A. Rajeshkannan before the Single Judge, who has been seized of the matter from as early as March 09, 2026, issuing various directions and monitoring the investigation. The Judicial Magistrate had also conducted an inquest under Section 196 of the BNS. The petitioner’s representation was sent only by email on March 22, 2026, and the present petition was filed on the very next day.
Appearances:
Advocate K Kannan, for the Petitioner
Deputy Solicitor General K Govindarajan, Additional Advocate General M Ajmal Khan, Additional Government Pleader A Kannan, Additional Public Prosecutor RM Anbunithi, and Advocate Niranjan Rajagopal, for the Respondents
