Kolkata, The Calcutta High Court on Friday ordered exhumation and second post-mortem examination of the body of a man, whose father alleged that he was beaten up in police custody and that NHRC guidelines were not followed during the first autopsy.
The court noted that the death in this case did not occur in custody.
The post-mortem examination was carried out on July 9 and its report suggested that there were injury marks at various places on the body of the deceased Abu Halder, who was arrested in a criminal case.
The petitioner, who is the father of the deceased, alleged that his son was beaten up when he was in police custody at Dholahat police station in South 24 Parganas district, which led to his death later after the release of him on bail.
Praying for a thorough investigation into the death of his son, petitioner Yasin Halder alleged in court that the National Human Rights Commission (NHRC) guidelines on alleged custodial deaths were flouted.
The guidelines say that the autopsy should be conducted by a team of at least three doctors, in the presence of a judicial magistrate and a family member, but the rules were not followed, the petitioner claimed.
A prayer was made to exhume the deceased's body and conduct a second autopsy as "NHRC guidelines were not followed".
Judge Amrita Sinha ordered that the body of the deceased be exhumed and post-mortem conducted for the second time before Saturday.
The court noted that the deceased was buried on July 10.
He ordered that a magistrate and the father of the deceased be present at the time of the second autopsy.
The court ordered that the second autopsy be filmed and the footage preserved.
Justice Sinha ordered that the second post-mortem report be submitted before the court on July 22, when the matter will be taken up for hearing.
The petitioner stated that Abu Halder was detained on July 2 on a robbery complaint and had allegedly been brutally tortured by the police. He was released on bail on July 4.
On July 5, his son was admitted to a hospital for alleged torture inflicted on him at the police station and died on July 8, the petitioner indicated in the petition.
The court also directed the superintendent of police of Sundarban police district to ensure protection of witnesses in the case.
The court noted that the first autopsy was video recorded.
The state opposed the prayer for second autopsy, stating that since a video recording was made, there was no need to do so as of now.
It was stated that the police officer against whom the petitioner made the allegation had already been removed from service and that the investigation into the death was being conducted by a senior officer of the DSP.
The court noted that the death in this case did not occur in custody.
The post-mortem examination was carried out on July 9 and its report suggested that there were injury marks at various places on the body of the deceased Abu Halder, who was arrested in a criminal case.
The petitioner, who is the father of the deceased, alleged that his son was beaten up when he was in police custody at Dholahat police station in South 24 Parganas district, which led to his death later after the release of him on bail.
Praying for a thorough investigation into the death of his son, petitioner Yasin Halder alleged in court that the National Human Rights Commission (NHRC) guidelines on alleged custodial deaths were flouted.
The guidelines say that the autopsy should be conducted by a team of at least three doctors, in the presence of a judicial magistrate and a family member, but the rules were not followed, the petitioner claimed.
A prayer was made to exhume the deceased's body and conduct a second autopsy as "NHRC guidelines were not followed".
Judge Amrita Sinha ordered that the body of the deceased be exhumed and post-mortem conducted for the second time before Saturday.
The court noted that the deceased was buried on July 10.
He ordered that a magistrate and the father of the deceased be present at the time of the second autopsy.
The court ordered that the second autopsy be filmed and the footage preserved.
Justice Sinha ordered that the second post-mortem report be submitted before the court on July 22, when the matter will be taken up for hearing.
The petitioner stated that Abu Halder was detained on July 2 on a robbery complaint and had allegedly been brutally tortured by the police. He was released on bail on July 4.
On July 5, his son was admitted to a hospital for alleged torture inflicted on him at the police station and died on July 8, the petitioner indicated in the petition.
The court also directed the superintendent of police of Sundarban police district to ensure protection of witnesses in the case.
The court noted that the first autopsy was video recorded.
The state opposed the prayer for second autopsy, stating that since a video recording was made, there was no need to do so as of now.
It was stated that the police officer against whom the petitioner made the allegation had already been removed from service and that the investigation into the death was being conducted by a senior officer of the DSP.
