A division bench, comprising justices Elipe Dharma Rao and Aruna Jagadeesan, ordered issue of notice to the state government.
Prisoners Rights Forum director P Pugalenthi cited news reports that the police had shot dead two men, Prabhu and Bharathi, both key suspects in the October 27 murder of a Sub-Inspector of Police, Alwin Sudhan, in an 'encounter' at Theethankottai in Sivaganga district.
Police had said the two were spotted on a motorcycle and they tried to intercept them. But the duo hurled petrol bombs at the police. DySP Vellathurai had said in a bid to protect the policemen, he fired at them, the petitioner said.
Pugalenthi said in the last six years, there had been 35 encounter deaths.
He made a complaint to the Home Secretary and the DGP requesting them to register a case under IPC Section 302 (murder) against the DSP and other police personnel involved in the 'killing' and to prosecute them.
The authorities ought to have registered a case on their own against the police personnel concerned immediately after the incident. But no case under Section 302 had been registered. Hence, the present petition.
