In a stark reflection of disparities in India’s justice system, two custodial death cases from neighbouring regions in Tamil Nadu have followed sharply different trajectories — one marked by prolonged delay, the other by relatively swift accountability.
“My wait to seek justice for my son Agnello alias Richie has only grown longer. Twelve years on, the court has only now upheld murder charges against eight policemen. The trial is yet to begin and will take more time before a verdict is pronounced,” said Leonard Valdaris, 63, a resident of Dharavi. Agnello Valdaris, 25, died on April 18, 2014, allegedly after being tortured in custody by the Wadala railway police.
Agnello Valdaris, 25, died on April 18, 2014
On Monday, the Bombay High Court upheld a September 2022 order of a special trial court directing that eight police officers be charged with murder. For Valdaris, the ruling is not justice yet, but a long-delayed step towards it.
Expert view
Valay Singh, Co-founder, India Justice Report
‘Police impunity — from harassment to custodial violence — has become an unfortunate reality. Poor compliance with Supreme Court directives, such as the Prakash Singh judgment, has weakened accountability. Fast-track courts for police misconduct, similar to those for crimes against women and children, could serve as an effective deterrent.’
Venkatesh Nayak, Director, Commonwealth Human Rights Initiative (CHRI)
‘Custodial torture resulting in deaths and rape persists in India despite legal safeguards and court directives. Low conviction rates allow abuse to continue with impunity. The recent conviction in the Sathankulam case offers a rare example of accountability. Strong collaboration between lawyers, legal aid groups, and affected families is essential to ensure justice.’
Tamil Nadu: Conviction in six years
>> In contrast, a trial court in Tamil Nadu on April 6 sentenced nine policemen in the custodial deaths of P Jayaraj and his son J Bennix
>> The case, which drew national outrage, reached a decisive conclusion within six years; the court also awarded compensation exceeding R1.40 crore to the victims’ family, offering a measure of relief
>> For Valdaris, the contrast is stark
>> Two families from nearly the same place, bound by similar tragedies, are separated by the pace of justice.
Shared roots, divergent outcomes
>> In a poignant coincidence, both families hail from the Thoothukudi district in Tamil Nadu. Sathankulam, where Jayaraj and Bennix lived, is just 56 km from Valdaris’s hometown.
>> Valdaris noted that while the Tamil Nadu case saw crucial testimony from police personnel themselves, not a single officer came forward in his son’s case.
A family’s enduring grief
Grace and Xavier, grandparents of Agnello. Pics/By Special Arrangement
“My father, Xavier Valdaris, passed away at the age of 94 on August 18, 2024, waiting for justice. My mother Grace, in her mid-eighties, is now bedridden, still hoping to see justice. I am undergoing treatment for a heart ailment. The guilt of handing my son over haunts me every day. Had I not done so, Agnello might still be alive,” Valdaris said.
Flashback: The night that changed everything
>> Valdaris recalled the events of April 14-15, 2014, when Wadala railway police took his son in custody.
>> “My wife Elga wanted to warn him, but I stopped her, saying he would be produced in court,” he said.
>> Insisting he was innocent, Agnello pleaded for help. He was taken to Sion Hospital that night, discharged, and taken back into custody.
>> On April 18, Good Friday, Valdaris went to check on him, only to be shown his son’s body.
>> Police claimed he tried to flee and was hit by a train.
>> His last words at home: “Maine kuch nahi kiya, mujhe kyun le ja rahe ho.”
Custodial deaths in India
Total custodial deaths (1999-2023): 2253
Cases against police personnel: 2373
Convictions in 2017: 3
Convictions (2018-2023): 0
Recent exception: 9 convictions in the Tamil Nadu custodial deaths case
