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After remaining in the mortuary of the Government Rajaji Hospital (GRH) in Madurai for around 100 days, the mortal remains of 26-year-old Akash Delison, whose death allegedly resulted from custodial torture in Sivaganga district, was cremated on Wednesday, June 17. The cremation was held under heavy police security at the Thathaneri crematorium in the district.
Tensions prevailed outside the Government Rajaji Hospital in Madurai before the cremation, with family members opposing the state’s decision to take custody of the body. Relatives alleged that police threatened to forcibly detain them as authorities proceeded with arrangements for the final rites.
Akash’s body had remained in the mortuary of GRH for more than three months after his family refused to receive it, alleging a lack of accountability in the custodial death case and demanding a stronger action against all officials involved.
The cremation was carried out a day after the Madurai Bench of the Madras High Court directed the government to immediately take steps for the dignified cremation of Akash’s remains.
Justice L Victoria Gowri observed that the right of a deceased person to receive a decent burial or cremation is an extension of human dignity and cannot be indefinitely denied because relatives refuse to claim the body.
“The continued refusal of the family to receive the body cannot result in indefinite preservation of mortal remains. Such a course would ultimately defeat the very dignity sought to be protected,” the judge said.
The court noted that the postmortem examination and all medico-legal formalities had already been completed, relevant samples had been preserved, and the investigation was continuing independently.
It observed that retaining the body indefinitely would serve no further investigative purpose and asked authorities to ensure adequate photographic and videographic documentation before the final rites were conducted.
Justice Victoria Gowri also stressed that allegations of custodial deaths require the highest degree of judicial sensitivity and institutional accountability.
At the same time, she held that the performance of the last rites by the state should not affect or prejudice the ongoing investigation into custodial death.
Akash, a resident of Krishnarajapuram in Manamadurai, belonging to Scheduled Caste Pallar community. He was arrested along with another man Guna, by the Manamadurai police on March 6, in connection with an attempted murder case.
They were accused of attacking two men, P Jayakumar and R Azhagar, with sharp weapons.
Two days later, Akash died while undergoing treatment at GRH. Police initially claimed that he sustained injuries after falling from a bridge while attempting to evade arrest. However, his family alleged custodial torture and refused to accept his body after his death.
In a dying declaration, Akash allegedly stated that police officers blindfolded him and assaulted him, including striking his leg with an iron rod.
A postmortem conducted in the presence of a judicial magistrate reportedly found more than two dozen injuries across his body, including severe fractures of the tibia and fibula in his right leg, extensive muscle and nerve damage, wounds on his elbows and knees, and multiple abrasions.
The case is currently being investigated by the CB-CID. Six police personnel have been suspended in connection with the case.