The Calcutta High Court on Tuesday ordered a DNA test to identify the corpse of Abhijeet Sarkar, a BJP worker from Beliaghata, killed during the post-poll violence allegedly unleashed by members of the ruling party after the publication of the election results on May 2.

Senior advocate Mahesh Jethmalani told a five-judge bench of the high court that his client, Biswajit Sarkar, was unable to identify whether the corpse was indeed that of his brother since it was mutilated. “Since the brother cannot recognise the body, he wants a DNA test to be conducted. He must know whether the body is that of his brother or not,” Jethamalani told the court.

The court has ordered a sample to be collected from the corpse of the brother at Command Hospital and then sent to the Central Forensic Science Laboratory in Calcutta. The Director of CFSL has been instructed to submit the report to the court in a week’s time.

State advocate general Kishor Datta argued for the sample to be collected in the presence of an investigator from the city police, which was opposed by Jethmalani. “This will be against the SC order. The state and police have shown urgency only after the SC notice,” Jethmalani argued.

The family members of Sarkar have moved the apex court seeking a CBI probe into the matter. The Supreme Court has issued notices to the Centre, the Trinamul Congress government and the Election Commission of India .

Datta said the SC had only issued notices to the centre and the state, and not given a stay on the probe. “The Supreme Court may or may not transfer the investigation. Till then the state police is probing the matter. Let someone from police be present while samples are collected.”

The advocate general also accused the complainants of not cooperating with the police. “There have been 11 attempts to take statements from Sarkar and family. They were asked eight times and notices served under sections 91 and 161 of the CrPC. The statements under section 164 have not been taken,” Datta said.

The counsel for the petitioner informed the court the mother was scared of talking to the police as her signature was earlier taken and used for some other purpose.

The National Human Rights Commission is scheduled to submit its final report on the post-poll violence in Bengal to the Calcutta High Court on Tuesday. The court had held that the allegations of post-poll violence that has been repeatedly rejected by chief minister Mamata Banerjee were established on the basis of an interim report submitted by NHRC.

Senior advocates Abhishek Manu Singhvi and Kapil Sibal, representing the state government and police, demanded that copies of the interim and final report should be provided to the state government to give a reply.

The court has asked the NHRC to give a copy of the final report to the state and the petitioners.

Advocate and BJP nominee in the Assembly polls Priyanka Tibrewal alleged the victims were being charged Rs 600 for recording their section 164 statements. The court asked who was being paid and if any receipt was available.

The matter would come up for hearing again on July 22.