While transferring Tamil Nadu’s M Lavanya suicide case to the Central Bureau of Investigation (CBI), the Madurai bench of the Madras High Court said, “…there is nothing inherently improbable in the allegation that there was an attempt at conversion. It could be true or false. The matter called for an investigation and not outright rejection.”
The bench of Justice GR Swaminathan while passing orders on Lavanya’s father’s plea seeking a CB-CID inquiry into his daughter’s death, slammed the Tamil Nadu police for trying to suppress the conversion angle in the case.
“Instead of ordering the investigation officer to take the additional materials to account, the SP directed the local police to register an FIR against the person who had taken the video. The Superintendent of Police wanted to silence any discussion regarding the conversion angle. The SP virtually threatened the person who shot the video. Instead, she should have goaded the investigation to take the religious angle into account”, stated the Madras HC while transferring the case to the CBI on January 28.
Instead of ordering the investigatio officer to take the additional materials to account, the S.P directed the local police to register an FIR against the person who had taken the video…: Madras HC while ordering CBI probe.#TanjavurGirSuicide
— Live Law (@LiveLawIndia) January 31, 2022
It may be recalled that M Lavanya’s father had submitted the petition, claiming that they had lost faith in Thanjavur police’s investigation and requesting an investigation by the CBI-CID or another investigating body.
Lavanya M attended Sacred Hearts Higher Secondary School, a boarding school in Michaelpatti, Thanjavur. On January 19, she passed away after consuming pesticides. A video of Lavanya was released after her death, which was shot when she was admitted to the hospital two days before her death. Lavanya can be seen in the 44-second video explaining that two years ago, a woman named Raquel Mary approached her and encouraged her to convert to Christianity, which she and her parents declined.
Pointing out Tamil Nadu police’s impassivity in handling the case, the Madras HC bench of Justice GR Swaminathan added that the apprehension of the petitioner, that if the investigation remains with the Tamil Nadu police he will not get justice, is justified.
I find merit in the petitioner’s counsel’s contention that the police, instead of finding out the truth of the allegations made by the deceased victim, have been trying to bolster the counter narrative : Madras HC#TanjavurGirlSuicide
— Live Law (@LiveLawIndia) January 31, 2022
Justice GR Swaminathan said that instead of finding out the truth of the allegations made by the deceased victim, the state police had been trying to bolster the counter-narrative. “It is too early in the day for the police or the politicians to jump to conclusions. But they have done so”, opined the bench.
The court slammed the state police for their indifference to the issue, stating that despite having the child’s dying declaration in front of them, whose authenticity could not be questioned, the District Superintendent of Police tried to fully suppress the conversion aspect.
“The foregoing circumstances cumulatively taken will definitely create an impression that the investigation is not proceeding on the right lines. Since a high ranking Hon’ble Minister himself has taken a stand, investigation cannot continue with the State Police”, stated the bench of Justice GR Swaminathan while transferring the case to the CBI, adding that the court has a “duty to render posthumous justice to the child.”
The court, while doubting Sister Saghayamary and Sister Rachel Mary’s motives, hoped that the CBI probe would bring out the truth in the case.
Court has posthumous duty to render #JusticeForLavanya says Madras HC, adds that the Home Minister of the State has eloquently taken a certain stand and investigation cannot thus carry out by State Police pic.twitter.com/E6pPWJeJk5
— LawBeat (@LawBeatInd) January 31, 2022
Madras HC hands over Lavanya suicide case to CBI
The case was transferred to the CBI on the day when the NCPCR team is visiting Thanjavur to conduct a probe into the case and enquire with officials involved. The NCPCR had earlier alleged that the Tamil Nadu government was not cooperating with the enquiry presided over by their state team and therefore they had to get a team from the Centre to conduct the inquiry.
Notably, the Madras High Court had in the previous hearing ordered the person who shot the video of the girl — a VHP leader named Muthuvel — to give his phone to the police so that the video could be investigated and ordered the state police to refrain from ‘harassing’ the VHP leader over the video.
A video of the victim’s call for help was published on social media where she was seen in a critical condition in the hospital, talking about her torture. The video, originally in Tamil (translated by The Commune) said, “They (school) had asked my parents in my presence if they can convert me to Christianity and help her for further studies. Since I didn’t accept, they kept scolding me.” She had named one Rachael Mary, who allegedly tortured her.
The girl, a student in standard 12th Class in Sacred Heart Higher Secondary School in Thirukattupali in Thanjavur in Tamilnadu was reportedly coerced by her missionary school into accepting Christianity. After she had refused to convert, the school authorities had prevented her from leaving the hostel during the Pongal holidays and instead forced her to clean the entire premises including toilets. Due to the constant harassment, the 17-year-old took her life by consuming pesticides used in the school garden.
