Court allows retiring IPS officer to wear badge, cap marked "evidence" in Rajiv Gandhi assassination case

A City Civil Court in Chennai recently allowed Dr. Prateep V Phillip, IPS, Director General of Police (Training) to wear on his retirement day, the name badge and cap he wore while he was on the line of fire when former Indian Prime Minister, Rajiv Gandhi was assassinated at Sriperumpadur.

. The IPS officer was serving as the Additional Superintendant of Police, Kandeepuram at the time and was severely injured when the Prime Minster's assassination took place, the Court was told. Following the incident, the officer still carried steel plates in his body from the blast it was noted.

. Dr Phillip went on to receive the Prime Minister’s Medal for meritorious service in 2003 and the President’s Medal for distinguished service in 2012.

. Led by advocate Sanjay Pinto, Phillip's counsel told the Court that it was the officer's wish to wear his name badge and cap on his last day of service.

. The Court was also informed that the Deputy Superintendent of Police, CBI, SIT, Madras had no objection to this proposal, provided it is returned after the petitioner retires.

. Therefore, Additional Sessions Judge, T Chandrasekharan on September 28 allowed the officer interim custody over the cap and name badge on the condition that it be handed over to the Court by October 28. Interim custody over the same was allowed, subject to the execution of a bond of ₹1 lakh.

. "This Court salutes the commendable and impeccable service of the petitioner as responsible police officer and wish him long, peaceful retirement life with all enthusiasm to serve the society as earlier. All is well," the judge added, in his order.

. The blood-stained cap and badge had been marked as exhibits in the criminal case initiated after Gandhi was assassinated.

. A trial court had pronounced its judgment in the case in 1998 and appeals arising out of the trial court verdict had also been decided by the Supreme Court in 1999.

. However, the Court noted further investigation remained on certain aspects arising out an Action Taken Report following the final report of the Jain Commissioner of Inquiry. The said issue is being handled by the Multi-Disciplinary Monitoring Agency (MDMA) of the Central Bureau of Investigation (CBI).

. While Section 452 of the Code of Criminal Procedure permits the return of such personal property at the conclusion of inquiry or trial , the cap and name badge could not be returned to the senior police officer yet even though " at the time of occurrence, the exhibits were undoubtedly belonging to him."

. In the Rajiv Gandhi assassination case, further investigation was poised at a crucial stage, the Court observed. There were execution reports of Letters Rogatory sent to Sri Lanka, United Kingdom and Thailand that were pending execution on certain points with respect to suspects or prospective accused, it explained. Therefore, there was a reasonable likelihood that the cap and name badge sought by the petitioner would be required in future proceedings and their integrity assumed importance.

. The Court, however, added that this does not mean that the exhibits referred to were not of immense sentimental value and a reminder of the petitioner-officer's call of duty during his formative years. The cap and badge literally symbolised the officer's blood sweat and tears of his professional career which spanned about 34 years, the Court noted.

. Ultimately, the Court ordered:

"In result the petition is allowed by ordering the return of the Petitioner’s Cap and Name badge marked as M.O.38 and M.O. 39 in C.C. No. 3/1992 for his interim custody on election of own bond of Rs 1,00,000/- (Rupees One Lakh Only) and on condition that the M.O. 38 and Mo.O.39 should be handed over to the Court on or before 28-10-2021 after the purpose gets served."

. Advocates Sanjay Pinto, Akhil Bhansali, Vidya Pinto, Vandhiyathevan Veera and Vishwanthini M appeared for the IPS officer whereas Public Prosecutor Surendra Mohan appeared for the respondent.

. [Read Order]

Court allows retiring IPS officer to wear badge, cap marked "evidence" in Rajiv Gandhi assassination case

Bar & Bench

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