PUCL Tamil Nadu and Puducherry strongly condemns the custodial death of Sabarivarman
Sabarivarman, a 34-year-old differently-abled youth from Eathangadu village near Thenthamaraikulam, adjacent to Samithoppu in Kanyakumari district, was running a small petty shop. Accused of selling banned tobacco-related gutkha products, he was arrested on July 9 and taken to the Nagercoil Sub-Jail under judicial custody. Prior to his remand, his health condition was perfectly fine. On 13-07-2026, he died under mysterious circumstances. Following this, relatives and the general public gathered in front of the Asaripallam Hospital, where his body was kept, and staged a road blockade. The autopsy report reveals that there were 19 severe injuries on his body, confirming that he died due to torture.
Nagercoil 3rd Judicial Magistrate Sathyamurthy conducted an inquiry regarding this custodial death with Sabarivarman’s family and jail officials. District Superintendent of Police Stalin also conducted an investigation. Following an inspection of the CCTV footage installed in the prison, a Chief Warder and two warders were arrested, and a case has been registered against them under various sections, including murder. All three have been placed under suspension. Furthermore, recent news reports state that eight prison inmates have also been arrested and booked.
Harmful tobacco products like gutkha and pan masala fall under the Food Safety and Standards Act (FSSA), 2006. The law states that for the first offense of possession and sale, the shop will be locked and sealed for 15 days along with a ₹25,000 fine; for the second offense, the shop will be locked and sealed for 30 days along with a ₹50,000 fine; and for the third offense, the shop will be locked and sealed for 90 days along with a ₹1,00,000 fine. Furthermore, classifying the harm caused, if it amounts to grievous hurt (injury), the maximum punishment is 6 years of imprisonment and a fine of up to ₹5,000,00! It is said that the deceased Sabarivarman committed this offense for the third time. Even for causing grievous hurt, the maximum punishment is only 6 years!
In the Supreme Court case Arnesh Kumar vs. State of Bihar (02-07-2014), it was ruled that in criminal cases where the sentence is less than seven years, rather than making an arrest, it is mandatory to issue a notice to the accused under Section 35(3) of the BNSS (Bharatiya Nagarik Suraksha Sanhita) and conduct an inquiry. This implies that judicial remand was unnecessary. Therefore, it is evident that both the police department and the Judicial Magistrate acted in violation of this principle.
The Supreme Court judgment in D.K. Basu vs. State of West Bengal (18-12-1996) explicitly outlines the guidelines to be followed while arresting a person. These guidelines were incorporated into the Code of Criminal Procedure through the Criminal Procedure Amendment Act of 2008. Consequently, this has also been emphasized in Sections 35 and 36 of the newly implemented BNSS procedure code. These guidelines were also violated in Sabarivarman’s arrest! This is completely antithetical to the Right to Life guaranteed under Article 21 of the Constitution.
The continuous rise in custodial torture deaths in Tamil Nadu is a matter of grave concern. In the Jeyaraj-Bennicks custodial death case, 9 police personnel were awarded the death penalty this past April. Even after this, custodial deaths continue with cases like Ajith Kumar, Rakesh, and Sabarikumar.
According to data from the Union Ministry of Home Affairs, 170 custodial deaths occurred between 2025 and March 15, 2026! India only signed the UN Convention Against Torture in 1997. It is noteworthy that to this day, India has not come forward to enact an anti-torture law in Parliament and thus provide ratification!
Cases must also be registered against the Judicial Magistrates, doctors, and government officials who are complicit in custodial deaths. Those subjected to torture and death in custody are predominantly the poor, vulnerable, and middle-class people; police torture never strikes those with political and financial influence.
The Police Department is under the direct control of the Chief Minister of Tamil Nadu. Therefore, the Chief Minister must pay personal attention to avoiding custodial deaths! The Law Minister should also give special focus to this matter.
The People’s Union for Civil Liberties (PUCL) of Tamil Nadu and Puducherry urges the Government of Tamil Nadu to provide appropriate compensation to the family of the deceased Sabarivarman and to offer a government job to one of his family members.
R. Murali, President.
D. Sekar Annadurai,
General Secretary.
People’s Union for Civil Liberties (PUCL), Tamil Nadu and Puducherry.